[Federal Register Volume 60, Number 232 (Monday, December 4, 1995)]
[Rules and Regulations]
[Pages 62034-62049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29099]
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[[Page 62035]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 25 and 32
RIN 1018-AC80
Refuge-Specific Hunting and Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) adds and/or amends
certain regulations governing sport fishing and hunting for migratory
game bird, upland/small game, and big game on individual national
wildlife refuges. Refuge Managers continuously review hunting and
fishing programs to respond to visitor interest in recreation
activities and to ensure compatibility with the purposes for which the
individual refuges were established. Modifications to existing programs
may include programs deleted, modified or expanded based on fluctuating
environmental conditions, changes to State and other Federal
regulations, and other factors. Modifications are also designed, to the
extent practical, to make refuge hunting and fishing programs
consistent with existing State hunting and fishing regulations.
EFFECTIVE DATE: December 4, 1995.
FOR FURTHER INFORMATION CONTACT:
Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife Service;
Telephone (703) 358-2029, X-5242.
SUPPLEMENTARY INFORMATION: 50 CFR part 25 contains general
administrative provisions which govern national wildlife refuges. 50
CFR part 32 contains provisions governing hunting and fishing on
national wildlife refuges (NWRs). Hunting and fishing are regulated on
refuges to: (1) Ensure compatibility with refuge purposes, (2) properly
manage the wildlife resource, (3) protect other refuge values, and (4)
ensure refuge user safety. On many refuges, the Service policy of
adopting State hunting 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 ``Conformance with Statutory and Regulatory
Authorities.'' Refuge-specific hunting and fishing regulations may be
issued only after a wildlife refuge is opened to migratory game bird
hunting, upland or other small 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 the species 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.
In the August 16, 1995, issue of the Federal Register, 60 FR 42668,
the Service published a proposed rulemaking and invited public comment
on the proposed annual additions and/or modifications to the National
Wildlife Refuge Hunting and Fishing Regulations. All substantive
comments were reviewed and considered following a 30-day public comment
period. The following represents a cross-section of the total concerns
expressed.
Four State conservation agencies, one non-government organization,
and 28 individuals commented on the proposed rulemaking. Nearly all
comments were concerning the proposal to require the use or expansion
of nontoxic shot on several refuges. This specific proposal would
require the use of nontoxic shot while hunting on refuges for one or
more species of wildlife other than waterfowl and coots, because of the
likelihood of depositing toxic lead shot pellets on the land with
resulting impacts to waterfowl and other migratory birds.
After evaluating the comments received, the Service has decided to
delay nontoxic shot implementation until the 1996-97 hunting season on
those refuges which were proposed to convert to nontoxic shot during
the 1995-96 season. This action is being taken to allow adequate time
for additional coordination and educational outreach with the affected
States, hunting organizations and the general public on the effects of
toxic lead shot to waterfowl and other migratory birds. Voluntary
hunter use of nontoxic shotshells is requested during the 1995-96
hunting season.
The State of Wisconsin, Department of Natural Resources expressed
the opinion that the Service has:
1. Not adequately documented the need for requiring nontoxic shot
for hunting certain wildlife species other than ducks, geese and swans;
and
2. Not provided the results of the scientific nontoxic shot studies
to the public. The State believes the public is supportive of
biologically sound regulations, but opposed to regulations without
justification; and
3. Proposed the required use of nontoxic shot in an inconsistent
manner. The State used Necedah NWR as an example where nontoxic shot
would be required to hunt ruffed grouse, but not for hunting woodcock
in the same general habitat.
Response
1. Lead shot from hunters' shotguns that is deposited in wetlands,
seasonally flooded habitats, and upland habitats in close proximity to
these wetlands is toxic to wildlife that directly ingest lead pellets
during feeding, and secondarily toxic to predators and carrion feeders
that consume these toxic wildlife carcasses. The documented scientific
evidence is clear in this regard, and is available as indicated at the
end of this response. What has not been adequately communicated to, and
considered by some hunters and habitat managers, is the deposition of
toxic lead shot into marginal or fringe wetland areas by hunting
activities other than waterfowl and coot hunting. Nationwide, efforts
are now underway to educate and activate programs to reduce this threat
to waterfowl, raptors and other susceptible wildlife species. The
proposed regulations were specific to point out that a scientifically
recognized toxic lead problem exists in uplands that are periodically
flooded and become feeding grounds for waterfowl and secondarily for
bald eagles.
Scientific research has established that lead pellets ingested by
waterfowl and secondarily by raptors including bald eagles results in
the death of these animals due to toxic lead poisoning. When lead shot
pellets are deposited during upland or small game hunting in dry areas
that are subject to seasonal flooding, waterfowl and other migratory
birds that feed in these areas during the period of high water are
vulnerable to lead poisoning. Scientific information on the ``Toxicity
of Lead Shot to Wildlife'' may be obtained by calling the U.S. Fish and
Wildlife Reference Service at 1-800-582-3421 or by accessing the
bibliographic databases information directly on the INTERNET at
``http://www.fws.gov/fwrefser.html''.
2. News articles concerning proposed regulations to 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 3 years.
Nontoxic shot for hunting upland and other small game was first
introduced to west coast refuges in the 1991-92 hunting season,
[[Page 62036]]
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 small
game by the 1997-98 and 1998-99 seasons respectively. Additional
scientific information and data that forms the basis for these
regulations will be provided to the States and public over the next few
months, or may be requested as indicated in the previous paragraph.
3. The original proposal to require nontoxic shot while hunting
woodcock at Necedah NWR was based on the fact that past hunting
occurred in some areas subject to periodic flooding. After receiving
public comments expressing concern that this specific requirement would
cause confusion among hunters, the Service has agreed that neither
grouse nor woodcock hunting will require nontoxic shot at Necedah NWR.
This decision was based on the fact that areas subject to flooding can
be partitioned away from the hunt area.
The Illinois Department of Conservation expressed general support
for reducing the risks of lead poisoning in waterfowl, endangered
species, and improving environmental quality, but could not support the
proposed rule without the Service:
1. Providing adequate scientific evidence showing that a problem
exists from upland/small game hunting with lead shot.
2. Conducting more site-specific studies in relation to lead
shotshells and lead rifle bullets for hunting squirrels. Their recent
study indicated that 47% of squirrel hunters in the northern half of
Illinois hunted with shotguns, and the remainder used .22 caliber
rimfire rifles and other weapons.
3. Providing adequate lead-time for hunters to become educated to
toxic lead shot problems when hunting upland and other small game and
supportive of corrective actions before the Service imposes this rule.
4. Delaying of the rule until at least the 1996-97 hunting season.
Response
1. Refer to Wisconsin number 1 response.
2. The regulations relating to nontoxic shot requirements were not
intended to apply to rifle bullets and large buckshot. The rule has
been clarified on this point. Site-specific evidence will be determined
in accordance with Service policy before nontoxic shot will be required
for hunting with larger shot such as buckshot, small rifle bullets such
as .22 caliber or for shotgun hunting on nonseasonally flooded uplands.
3. The nontoxic shot program will be phased in starting in the
1996-97 season, rather than the 1995-96 hunting season. Voluntary
compliance is requested during the 1995-96 season (refer to Wisconsin
number 2 response).
4. The final rules adopting requirements to use nontoxic shot to
hunt wildlife species other than waterfowl and coots on certain refuges
will be applicable beginning with the 1996-97 hunting season, however,
voluntary compliance will be requested prior to that time. Delays until
the 1997-98 season are also authorized for Alaska, to allow
coordination with the State and the outlying villages. Delays are also
provided for the waterfowl production areas principally in the Dakotas,
Montana, Wisconsin, and Iowa until the 1998-99 season, with voluntary
compliance requested in the meantime.
The Florida Game and Freshwater Fish Commission requested that the
Service reconsider the proposal to require nontoxic shot for hunting
upland and other small game on certain National Wildlife Refuges. They
expressed concern that:
1. requiring use of nontoxic shot for hunting small game in the
absence of documented lead ingestion problems amounts to regulatory
overkill.
2. the Service should require nontoxic shot only where specific
documentation of toxic lead problems exist.
Response
1. Refer to Wisconsin number 1 response.
2. For the reasons, and based on the data referred to in the
Wisconsin number 1 response, the Service has concluded that it is well
documented that toxic problems indeed exist in the hunting situation as
described in the regulations developed for the specific refuges.
The State of Indiana, Department of Natural Resources expressed the
opinion that:
1. the amount of lead deposited in the wetlands of Muscatatuck NWR
by the estimated 122 quail hunter visits would be very incidental and
would contribute insignificantly to the adverse welfare of waterfowl
using the refuge; and
2. they would rather not see this proposed regulation, which is a
disparity to their State regulations, imposed on Indiana's upland game
hunters at this time.
Response
After evaluating the comments from the State of Indiana, and re-
evaluating the on-ground relationship of where quail and rabbit hunting
occurs on the refuge, the Service has decided to remove Muscatatuck NWR
from the listing of refuges requiring nontoxic shot to hunt upland and
other small game. The Service believes it is possible to adequately
zone the hunting area away from the margins of existing wetlands and
those refuge lands subject to periodic flooding. Migratory waterfowl
and other migratory birds will be adequately protected by implementing
this measure.
The National Rifle Association of America objects to the proposed
rule because:
1. The document fails to inform the public of the basis and
purposes for imposing the nontoxic shot restrictions for upland game
hunting on listed refuges.
2. The public has not been afforded a meaningful opportunity to
comment on the proposal.
For these reasons, they recommend:
3. That a clear and concise statement of basis and purpose for the
nontoxic shot requirements for upland game hunting on specific refuges
be provided before a procedurally correct rulemaking on this issue is
moved forward.
4. That this rulemaking be withdrawn and a new rulemaking initiated
that recognizes this deficiency.
Response
As a basis for this rule, the Service has a responsibility to
protect migratory birds as well as threatened and endangered species of
wildlife from the toxic effects of lead shot poisoning due to hunting.
The purpose of this rulemaking is to avoid the use of a known toxic
substance, such as lead shot pellets, while hunting upland and other
small game in an area where waterfowl and other migratory birds could
be harmed or killed. The Service does not agree that there are any
deficiencies in its procedures, but in order to more adequately educate
and inform hunters and the general public of the new requirements, and
coordinate with affected States, the Service will delay application of
the nontoxic shot requirements until the 1996-97 season. Also, refer to
Wisconsin number 1 response.
With respect to number 2 concern, a 30-day public comment period
has been 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
[[Page 62037]]
have been published in newspapers during the last 3 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. Refer to Wisconsin number
2. response.
Individual comments received ranged from strong, general support
for the proposed rule to total disagreement with the need to implement
regulations. Specific concerns included:
1. 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.
2. Support for a lead shot ban on refuge hunt areas, if the Service
does not encourage the States to impose lead shot restrictions on State
lands.
Response
The Service will continue to cooperate with State wildlife agencies
to understand the toxic effects of lead shot deposition from hunting.
The Service will also work with States in which waterfowl production
areas are located to explore opportunities for conversion of both State
and Federal areas where it will reduce threats to wildlife and minimize
confusion to hunters.
3. Support for prohibition on private and public trap and skeet
ranges using lead shot.
Response
Trap and skeet ranges are located outside of Service jurisdiction
and, therefore, are regulated by private landowners, or in certain
cases local jurisdictions.
4. Nontoxic shot is not readily available for purchase in the
smaller shot sizes, and this will prevent the use of .410, 28 ga., and
20 ga. shotguns. Also, this would pose a disadvantage to young hunters
and women who regularly use these shotguns for hunting.
Response
The Service acknowledges that commercial manufacture of steel shot
is very limited in .410 and 28 gauge shotshells, however steel is being
reloaded in these gauges by individual hunters. The Service's decision,
however, must be based on its responsibilities to protected migratory
birds from toxic shot hazards.
5. Most hunting for upland and small game is on high and dry
terrain and not in wetlands.
Response
The intent of the Service's policy is to protect migratory birds
whenever there are potential lead poisoning impacts in wetlands and
associated uplands. Refuge managers followed national policy in
selecting which refuges and what areas of those refuges to include in
the regulations. Nontoxic shot conversions were proposed following
these policy guidelines:
1. Nontoxic shot would be required for nonwaterfowl hunting
programs that take place in wetlands, lands adjacent to wetlands, and
lands seasonally flooded that have a potential for lead poisoning
impacts to waterfowl and other migratory birds. 2. Nontoxic shot
requirements do not apply to small-caliber rifle hunting for mammals or
birds, or shotgun hunting for mammals in the absence of site-specific
evidence of a significant impact. 3. This policy does not affect big
game hunting programs, including turkey hunting.
6. A significant law enforcement problem exists when hunters are
allowed to use both lead and nontoxic shot within the same hunt area at
the same time, even though for different game species.
Response
Nontoxic shot hunting zones within refuges include those upland
areas that are interspersed with wetlands, or where no distinct
geographical or physical boundaries (fences, dikes, or roads) exist to
distinguish the upland areas from the seasonal wetland areas. When
hunters can easily distinguish wetlands from uplands through posting or
mapping, then this entire area can be managed for both lead shot on the
uplands and nontoxic shot on the lowlands. Likewise, a particular hunt
program (i.e., a species hunt) that occurs on both wetlands and uplands
will be converted to nontoxic shot refuge-wide when there are
significant hunter compliance and/or enforcement problems. In general,
if hunt areas can be posted, mapped or regulated adequately so that the
hunter can reasonably expect to distinguish a nontoxic shot zone from a
lead shot zone, then lead shot may be used within that respective zone.
Also, if State game laws require nontoxic shot for hunting a particular
species, then the refuges in that State will also require nontoxic shot
for hunting that species.
7. Nontoxic shot (steel) is not compatible with shooting older,
softer metal barreled shotguns, such as certain doubles, over-and-
unders, general Damascus type, and the original Winchester Model 12
shotguns.
Response
Steel shot is definitely harder than lead shot, however modern
shotgun barrels are designed to handle this shot without difficulty.
The Service is aware that possible damage may occur from shooting
modern loads in older model shotguns. However, the Service's
responsibility is to protect migratory birds from the toxic shot
impacts.
8. Cost of nontoxic shot is prohibitively expensive and hard to
locate.
Response
Nontoxic shot (steel) costs more than the equivalent lead shotshell
loads. Competition between manufacturers, due to waterfowl hunting
nontoxic shot requirements, has increased the supply and somewhat
reduced the overall price of steel shot. Nontoxic shot usually sells
for $2-12 per box more than the equivalent size lead shot. Again, the
Service's objective and responsibilities are to protect the migratory
bird populations.
9. Crippling loss using nontoxic shot far outweighs the potential
loss from using lead shot for hunting upland and other small game in
fringe wetland areas.
Response
Most hunters find that if the target is within the 30-45 yard
range, clean kills will occur. Some experienced hunters find that steel
shot will penetrate better than lead shot. As hunters become more
proficient with shooting nontoxic shot, crippling loss will be reduced
dramatically.
10. Required use of nontoxic shot will cause hunters to abandon the
sport, thereby resulting in a significant loss to Federal taxes on
sporting arms and ammunition, and therefore less money for wildlife/
habitat enhancement projects.
Response
Long-range indications are that hunting will account for less and
less of the total percentage of recreational use on refuges, and
funding sources for habitat protection and management will be harder to
find in times of shrinking budgets. However, the Service does not
believe that conversion to nontoxic shot
[[Page 62038]]
on selected refuges will contribute significantly to that trend.
11. The 104th Congress has banned Federal agencies from imposing
new regulations, and this proposed rule is just another form of gun
control, an anti-hunting ploy and a slap at our fundamental freedom.
Response
The regulation setting process is not intended as a manner of gun
control, but rather as a resource protection measure and was drawn as
narrowly as possible in order to provide the least restrictive hunting
opportunity.
The intent of Congress is to reduce Federal regulatory burdens, and
the Administration is in the process of reducing outdated and
unnecessary rules. Congress, however, realizes that the hunting of
migratory birds involves several treaty obligations with neighboring
countries where migratory birds spend part of the year. Whether
migratory birds are using national wildlife refuges or being hunted on
State or private lands, there must be certain fair and equitable rules
established. Therefore annual regulations are promulgated based on
annual biological determinations of harvestable surpluses of game
species.
Also, fishing on national wildlife refuges would be closed to the
public without the establishment of annual regulations. Therefore,
Congress has been receptive to appropriate rulemakings which allow
hunters and fishermen the opportunity to participate in annual
harvests.
The following questions and answers respond to the range of
additional comments received from individuals concerning this proposed
rule:
What is the history of nontoxic shot requirements while
hunting?
A nationwide phase-out program on the use of lead shot for
waterfowl hunting began in 1986. By the 1991-92 season, only nontoxic
(steel) shot was allowed for waterfowl and coot hunting. Prior to 1986
many national wildlife refuges required the use of steel shot because
of locally documented lead poisoning in waterfowl.
How will I know where to use nontoxic shot?
Site-specific brochures and information are available. Contact the
refuge manager of the refuge you plan to hunt, and ask for an
explanation of the nontoxic boundaries.
Where can upland game continue to be hunted using lead?
Since State wildlife agencies and national wildlife refuges have
limited the use of lead shot for the hunting of waterfowl and coots and
now several areas are phasing in controls on upland and other small
game hunting around wetlands, hunters should consult specific wildlife
refuge regulations. The refuges proposed for nontoxic shot conversion
in this rulemaking will remain open to the use of lead shot for upland
and small game in the 1995-96 season, although voluntary use of
nontoxic shot will be requested. Most waterfowl production areas of the
prairie pothole country will remain open to the use of lead shot until
the 1998-99 hunting season. Again, the Service will encourage the
voluntary use of nontoxic shot on those areas.
Where will hunters be required to use nontoxic shot?
A list of refuges by State is available from the Service's 7
regional offices, and from local refuge offices. The Federal Register,
which also lists each refuge, is accessible from The National Wildlife
Refuge Home Page on the INTERNET, location: ``http://
bluegoose.ARW.R9.FWS.gov/'', or by calling 1-800-344-WILD and
requesting a refuge brochure and a 1996-97 list of refuges where
nontoxic shot is required to hunt one or more species of wildlife other
than waterfowl and coot.
How many kinds of nontoxic shot can hunters purchase?
Even though manufacturers are experimenting with other metals and
alloys, steel shot is still the best and most readily available
nontoxic shot. Bismuth shot has only recently become available on a
limited and conditional basis.
Where can nontoxic shot be purchased?
Steel shot is available locally at many large sporting goods stores
that cater to waterfowl hunters. If they don't have exactly what you
are looking for, they will no doubt recommend an alternate source.
Are states requiring the use of nontoxic shot?
Many State wildlife agencies have imposed nontoxic shot regulations
on wildlife management areas where waterfowl hunting also takes place,
such as Indiana (for dove hunting), Missouri (for snipe and rail), and
Tennessee (for doves). Other States, such as Nebraska, require nontoxic
shot for all bird hunting on certain State management areas. In Utah,
nontoxic shot is required to hunt sandhill cranes, and for all upland
and small game hunting on two State management areas.
Why do you permit hunting at all on National Wildlife
Refugues?
Hunting is a part of our country's heritage. Many refuges were
purchased with funds derived from the sale of duck stamps to waterfowl
hunters. The National Wildlife Refuge System Administration Act
authorizes recreation that is compatible with the primary purpose for
which the refuges were established. Some refuges have hunting as a
specific purpose of being acquired.
Will big game (buckshot deer hunting) be included in the
nontoxic shot requirement?
No. The regulation requires the use of nontoxic shot for certain
upland and other small game only when hunting takes place in or near
permanent or seasonal wetlands.
What wildlife are considered upland or small game and
covered by this regulation?
Each specific refuge regulation will specify what wildlife species
can be hunted on that particular refuge. The intent of the regulation
is to include all species of upland and small game that are hunted by
shotgun in or near a permanent or seasonal wetland. The hunted species
present there may include, but are not limited to, the following:
pheasants, quail, snipe, dove, rabbits, woodcock, partridge, grouse,
and rails.
Why do raptors including bald eagles die from ingesting
lead shot?
When a duck ingests lead shot into the gizzard/stomach while
feeding, the lead will be deposited and lodge in the gizzard and stay
there while being worn away through natural grinding processes. A
mallard, for example, may ingest 2 pellets of #4 lead shot in the
gizzard, and as the bird becomes weak and disoriented from the lead
poisoning, it becomes an easy food source for all predators including
raptors. When the bird is eaten by a marsh hawk or bald eagle, the lead
is now going to enter the raptor's body. The toxic (secondary) effect
of the lead may have caused the death of both the prey and the
predator.
Will small bore rifle hunting be included in the nontoxic
shot regulation.
No, small bore rifle hunting is not included in the nontoxic shot
requirement.
Conformance With Statutory and Regulatory Authorities
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
[[Page 62039]]
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, other public recreation, accommodations, and access, when the
Secretary determines that such uses are compatible with the major
purpose(s) for which the area was established.
The Refuge Recreation Act authorizes the Secretary to administer
areas within the Refuge System for public recreation as an appropriate
incidental or secondary use only to the extent that it is practicable
and not inconsistent with the primary purpose(s) for which the areas
were established. The Refuge Recreation Act also authorizes the
Secretary to issue regulations to carry out the purposes of the Act.
Hunting and sport fishing plans are developed for each refuge prior to
opening it for hunting or fishing. In many cases, refuge-specific
hunting and fishing regulations are included in the hunting and sport
fishing plans to ensure the compatibility of the hunting and sport
fishing programs with the purposes for which the refuge was
established. Initial compliance with the NWRSAA and Refuge Recreation
Act is ensured when hunting and sport fishing plans are developed, and
the determinations required by these acts are made prior to the
addition of refuges to the lists of areas open to hunting and fishing
in 50 CFR part 32. Continued compliance is ensured by annual review of
hunting and sport fishing programs and regulations.
Consideration was given to delaying this final rule for a 30-day
period, however, the Service determined that any further delay in the
implementation of these refuge-specific hunting and fishing regulations
will hinder the effective planning and administration of the programs.
Public comment was received on this proposal during the 30-day comment
period for this rule. A delay of an additional 30 days will jeopardize
holding the hunts or fishing programs this year, or shorten their
duration and thereby lessen the management effectiveness of this
regulation. Many of these rules also relieve restrictions and allow the
public to participate in recreational activities on a number of
refuges. In addition, good cause exists in that, in order to continue
to provide for previously authorized hunting opportunities while at the
same time provide for adequate resource protection, the Service must
immediately put into place modifications to some of the hunting
programs on some refuges. Therefore, in accordance with (5 U.S.C.
553(d)(3), these rules will become effective as of the date of
publication in the Federal Register.
Economic Effect
This rulemaking is not subject to Office of Management and Budget
review under Executive Order 12866. In addition, a review under the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed
that the rulemaking would not have a significant effect on a
substantial number of small entities, which include businesses,
organizations or governmental jurisdictions. Hunting and fishing
programs take place throughout the United States on a very broad scale.
No single program has a significant localized impact. While the
proposed hunting and fishing programs could increase the number of
hunting and fishing licenses purchased and boost sales of hunting and
fishing gear, the impact would still not be considered significant when
compared to other commercial activities in the surrounding area. This
proposed rule would have minimal effect on such entities.
Paperwork Reduction Act
The information collection requirements for part 32 are found in 50
CFR part 25 and have been approved by the Office of Management and
Budget under Public law 104-13 and assigned clearance number 1018-0014.
The information is being collected to assist the Service in
administering these programs in accordance with statutory authorities
which require that recreational uses be compatible with the primary
purposes for which the areas were established. The information
requested in the application form is required to obtain a benefit.
The public reporting burden for the application form is estimated
to average six (6) minutes per response, including time for reviewing
instructions, gathering and maintaining data, and completing the form.
Direct comments on the burden estimate or any other aspect of this form
may be sent to the Service Information Collection Clearance Office,
U.S. Fish and Wildlife Service, 1849 C Street NW., MS 224 ARLSQ,
Washington, DC 20240; and the Office of Management and Budget,
Paperwork Reduction Project (1018-0014), Washington, DC 20530.
Federalism
This final 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, it is determined that this rule does not have sufficient
Federalism implications to warrant the preparation of a Federalism
Assessment.
Environmental Considerations
Compliance with the National Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4332(C)) is ensured when hunting and sport fishing
plans are developed, and the determinations required by this act are
made prior to the addition of refuges to the lists of areas open to
hunting and fishing in 50 CFR Part 32. The changes in hunting and
fishing have been reviewed with regard to Section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543) and have been found to
either, have no affect on, or are not likely to adversely affect listed
species or critical habitat. 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 B.(5) Service exclusion is
employed here as these amendments are considered ``[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
simply qualify or otherwise define an existing hunting or fishing
activity for purposes of resource management. Information regarding
hunting and fishing permits and the conditions that apply to individual
refuge hunts, sport fishing activities and maps of the respective areas
are retained 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
[[Page 62040]]
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.
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
50 CFR Part 25
Administrative practice and procedures, Reporting and recordkeeping
requirements, Concessions, Safety, Wildlife refuges.
* * * * *
50 CFR Part 32
Hunting, Fishing, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
Accordingly, Parts 25 and 32 of Chapter I of Title 50 of the Code
of Federal Regulations are amended as follows:
PART 25--[AMENDED]
1. The authority citation for Part 25 continues to read as follows:
Authority: 16 U.S.C. 460k, 664, 668dd, and 715i, and 3901 et
seq.
Sec. 25.12 [Amended]
2. Section 25.12(a) is amended by adding the definition of nontoxic
shot following the definition of National Wildlife Refuge System.
Sec. 25.12 Definitions.
* * * * *
Nontoxic shot means steel shot or other shot approved pursuant to
50 CFR 20.134.
* * * * *
PART 32--[AMENDED]
3. 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]
4. Section 32.7 is amended by adding the alphabetical listing of
``North Platte National Wildlife Refuge'' under the State of Nebraska.
5. Section 32.22 Arizona, is amended by revising paragraph A. of
the Bill Williams River National Wildlife Refuge; and by adding
paragraphs A., 8., through A.13. inclusive, revising paragraph B.4.,
and adding paragraphs B.5. and B.6. to Cibola National Wildlife Refuge
to read as follows:
Sec. 32.22 Arizona.
* * * * *
Bill Williams River National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of mourning and white-
winged doves is permitted on designated areas of the refuge subject to
the following condition: Legal weapon is shotgun only.
* * * * *
Cibola National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
8. Hunting is not permitted within 50 yards of any road or levee.
9. Decoys are required for waterfowl hunting and must be removed
from the refuge daily.
10. Waterfowl hunters are limited to 10 shells per day in Farm Unit
2.
11. During the Arizona waterfowl season, Farm Unit 2 is closed to
dove hunting until noon each day.
12. In Farm Unit 2, waterfowl hunters must remain within 50 feet of
designated station while hunting except when actively retrieving downed
birds.
13. During the goose season the Hart Mine Marsh Area is closed to
hunting until 10 a.m. daily.
B. Upland Game Hunting. * * *
4. Hunting of cottontail rabbit is permitted from September 1
through the last day of the respective State's quail season.
5. During the Arizona waterfowl season, hunting of quail and rabbit
is not permitted in Farm Unit 2 until noon.
6. Hunting is not permitted within 50 yards of any road or levee.
* * * * *
6. Section 32.23 Arkansas is amended by revising paragraphs B. and
C. of Felsenthal National Wildlife Refuge; by revising paragraphs B.
and C. of Overflow National Wildlife Refuge; and by revising paragraphs
D.1. and D.4. of White River National Wildlife Refuge to read as
follows:
Sec. 32.23 Arkansas.
* * * * *
Felsenthal National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of quail, squirrel, rabbit,
raccoon, opossum, beaver, nutria, and coyote is permitted on designated
areas of the refuge subject to the following condition: Permits are
required.
C. Big Game Hunting. Hunting of white-tailed deer, turkey, and
feral hogs is permitted on designated areas of the refuge subject to
the following condition: Permits are required.
* * * * *
Overflow National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of quail, squirrel, rabbit,
raccoon, opossum, beaver, nutria, and coyote is permitted on designated
areas of the refuge subject to the following condition: Permits are
required.
C. Big Game Hunting. Hunting of white-tailed deer, turkey, and
feral hogs is permitted on designated areas of the refuge subject to
the following condition: Permits are required.
* * * * *
White River National Wildlife Refuge
* * * * *
D. Sport Fishing. * * *
1. Fishing is permitted from March 1 through November 30 except as
posted and as follows: fishing is permitted year-round in LaGrueu,
Essex, Prairie, and Brooks Bayous, Big Island Chute, Moon Lake and
Belknap Lake next to Arkansas Highway 1, Indian Bay, the Arkansas Post
Canal and adjacent drainage ditches, those borrow ditches located
adjacent to the West bank of that portion of the White River Levee
north of the Arkansas Power and Light Company power line right-of-way,
and
[[Page 62041]]
all refuge owned waters located North of Arkansas Highway 1.
* * * * *
4. Frogging is permitted on all refuge owned waters open for sport
fishing as follows: South of Arkansas Highway 1, frogging is permitted
from the beginning of the State season through November 30; North of
Arkansas Highway 1, frogging is permitted for the entire State season.
The use of bow and arrow for taking bullfrogs is prohibited.
7. Section 32.24 California is amended by revising paragraphs A.1.,
A.2., and A.3. of Delevan National Wildlife Refuge; by adding new
paragraph A.5. to Kesterson National Wildlife Refuge; by revising
paragraphs A.1. and A.2. of Modoc National Wildlife Refuge; by revising
paragraphs A.1., A.2., and B.1. of Sacramento National Wildlife Refuge;
and by adding new paragraph A.5. and revising paragraph B. of San Luis
National Wildlife Refuge to read as follows:
Sec. 32.24 California.
* * * * *
Delevan National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. Firearms must be unloaded while being transported between
parking areas and spaced blind areas.
2. Snipe hunting is not permitted in the spaced blind area.
3. Hunters assigned to the spaced blind area are restricted to
within 100 feet of their assigned hunt site except for retrieving
downed birds, placing decoys, or traveling to and from the area.
* * * * *
Kesterson National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
5. Access to Salt Slough is via boats only. Boats may only be
launched at the Highway 140 (Fremont Ford State Recreational Area) and
Highway 165 access points. the use of air-thrust and/or inboard water
thrust boats is not permitted. The speed limit of 5 mph is in effect.
* * * * *
Modoc National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. A permit issued by the refuge to hunters with advance
reservations only is required for the first weekend.
2. After the first weekend of the open season, hunting is permitted
only on Tuesdays, Thursdays, and Saturdays. Hunters must check in and
out of the refuge by use of self-service permits.
* * * * *
Sacramento National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. Firearms must be unloaded while being transported between
parking areas and spaced blind areas.
2. Snipe hunting is not permitted in the spaced blind area.
* * * * *
B. Upland Game Hunting. * * *
1. A special one-day only, pheasant hunt is permitted in the spaced
blind area on the first Monday after the opening of the State pheasant
hunting season.
* * * * *
San Luis National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
5. Vehicles may stop only at designated parking areas. Dropping of
passengers or equipment, or stopping between designated parking areas
is prohibited.
B. Upland Game Hunting. Hunting of pheasants is permitted on
designated areas of the refuge subject to the following conditions:
1. Hunters shall possess and use, while in the field, only nontoxic
shotshells (nontoxic shot regulation to be effective starting with the
1996-97 hunting season).
2. Hunters may not possess more than 25 shotshells while in the
field.
* * * * *
7a. Section 32.25 Colorado is amended by revising paragraphs A. and
B. of Arapaho National Wildlife Refuge to read as follows:
Sec. 32.25 Colorado.
* * * * *
Arapaho National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game birds
is allowed on designated areas of the refuge pursuant to State law.
B. Upland Game Hunting. Upland game hunting is allowed on
designated areas of the refuge pursuant to State law and subject, also,
to the following condition: Hunters shall possess and use, while in the
field, only nontoxic shot (nontoxic shot regulation to be effective
starting with the 1996-97 hunting season).
* * * * *
8. Section 32.27 Delaware is amended by adding new paragraph B.4.,
revising introductory language of paragraph C., and adding new
paragraph C.4. to Bombay Hook National Wildlife Refuge; and by adding
new paragraph B.4. to Prime Hook National Wildlife Refuge to read as
follows:
Sec. 32.27 Delaware.
* * * * *
Bombay Hook National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
4. Shotgun hunters shall possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
C. Big Game Hunting. Hunting of deer and turkey is permitted on
designated areas of the refuge subject to the following conditions: * *
*
4. A valid State permit is required for turkey hunting.
* * * * *
Prime Hook National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
4. Shotgun hunters shall possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
* * * * *
9. Section 32.31 Idaho is amended by revising paragraph D. of
Kootenai National Wildlife Refuge to read as follows:
Sec. 32.31 Idaho.
* * * * *
Kootenai National Wildlife Refuge
* * * * *
D. Sport Fishing. Fishing is permitted only on Myrtle Creek subject
to the following condition: Only bank fishing is permitted. Fishing
from boats, float tubes, or other personal flotation devices is
prohibited.
* * * * *
10. Section 32.32 Illinois is amended by revising paragraph D.1.
and adding new paragraph D.5. to Chautauqua National Wildlife Refuge;
by adding new paragraphs A.3., A.4. and B.3. to Crab Orchard National
Wildlife Refuge; by adding new paragraph (B.3., and revising paragraph
C. of Cypress Creek National Wildlife Refuge; by adding new paragraph
B.3. to Mark Twain National Wildlife Refuge; and by adding new
paragraph B.4. to Upper Mississippi River National Wildlife Refuge to
read as follows:
Sec. 32.32 Illinois.
* * * * *
Chautauqua National Wildlife Refuge
* * * * *
[[Page 62042]]
D. Sport Fishing. * * *
1. Sport fishing is allowed on Lake Chautauqua from February 15
through October 15. Sport fishing is not allowed in the Waterfowl
Hunting Area during waterfowl hunting season.
* * * * *
5. Weis Lake on the Cameron Unit is closed to all public entry from
October 16 through February 14.
Crab Orchard National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
* * * * *
3. Waterfowl hunters may not possess more than 20 shells during the
combined duck and goose seasons. Goose hunters may not possess more
than 10 shells during the goose season.
4. Hunting in the Cambria Neck dove field is closed on Tuesdays and
Thursdays. All Cambria Neck dove hunters are required to sign in and
out and report their harvest.
B. Upland Game Hunting. * * *
3. Only nontoxic shot may be used or possessed while hunting all
permitted birds, except wild turkeys (nontoxic shot regulation to be
effective starting with the 1996-97 hunting season). The possession and
use of lead shot is still permitted for wild turkey hunting.
* * * * *
Cypress Creek National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Only nontoxic shot may use used or possessed while hunting
bobwhite quail (nontoxic shot regulations to be effective starting with
the 1996-97 hunting season).
C. Big Game Hunting. Hunting of white-tailed deer is permitted on
designated areas of the refuge subject to the following conditions:
1. Hunters must check in and out of the refuge each day of hunting.
2. Hunting blinds may not be left overnight on the refuge.
* * * * *
Mark Twain National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Only nontoxic shot may be used or possessed while hunting all
permitted birds, except wild turkeys (nontoxic shot regulation to be
effective starting with the 1996-97 hunting season). The possession and
use of lead shot is still permitted for wild turkey hunting.
* * * * *
Upper Mississippi River National Wildlife and Fish Refuge
* * * * *
B. Upland Game Hunting. * * *
4. Shotgun hunters may only use or possess nontoxic shot when
hunting for any permitted birds or other small game, except wild turkey
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season). The possession of lead shot is still permitted for
wild turkey hunting.
* * * * *
11-12. Section 32.34 Iowa is amended by revising paragraph B. of
Union Slough National Wildlife Refuge; and by adding new paragraph B.3.
to Walnut Creek National Wildlife Refuge to read as follows:
Sec. 32.34 Iowa.
* * * * *
Union Slough National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of upland game is permitted in
designated areas of the refuge subject to the following condition: Only
nontoxic shot may be used or possessed while hunting all permitted
birds, except wild turkeys (nontoxic shot regulation to be effective
starting with the 1996-97 hunting season). The possession and use of
lead shot is still permitted for wild turkey hunting.
* * * * *
Walnut Creek National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. All hunters must wear one or more of the following articles of
visible, external, solid blaze orange clothing: a vest, coat, jacket,
sweatshirt, sweater, shirt or coveralls.
* * * * *
13. Section 32.35 Kansas is amended by revising paragraphs B. and
C. of Flint Hills National Wildlife Refuge; and by revising paragraphs
A. and B. of Quivira National Wildlife Refuge to read as follows:
Sec. 32.35 Kansas.
* * * * *
Flint Hills National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following conditions:
1. Dogs may not be used for hunting furbearing animals or non-game
animals.
2. Hunters shall possess and use, while in the field, only nontoxic
shot or rimfire firearms (nontoxic shot regulation to be effective
starting with the 1996-97 hunting season).
C. Big Game Hunting. Hunting of big game is permitted on designated
areas of the refuge subject to the following conditions:
1. Only shotguns, muzzleloading firearms, or bow and arrow are
permitted except during controlled hunts.
2. Hunters shall possess and use, while in the field, only nontoxic
shot while shotgun hunting for turkey.
* * * * *
Quivira National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,
rails (Virginia and Sora only), mourning doves, and common snipe is
permitted on designated areas of the refuge subject to the following
condition: Nontoxic shot is required when hunting any game on the
refuge. The possession of lead shot in the field is prohibited.
B. Upland Game Hunting. Hunting of pheasant, bobwhite quail,
squirrel, and rabbit is permitted on designated areas of the refuge
subject to the following conditions:
1. The refuge is closed to all hunting from March 1 through August
31.
2. Squirrels and rabbits may only be hunted during the portion of
the Kansas seasons that fall outside the March 1 through August 31
closed period.
* * * * *
14. Section 32.36 Kentucky is amended by revising paragraph D.1. of
Reelfoot National Wildlife Refuge to read as follows:
Sec. 32.36 Kentucky.
* * * * *
Reelfoot National Wildlife Refuge
* * * * *
D. Short Fishing. * * *
1. Fishing is permitted on the Long Point Unit (north of Upper Blue
Basin) from March 15 through November 15 and on the Grassy Island Unit
(south of the Upper Blue Basin) from February 1 through November 15.
* * * * *
15. Section 32.37 Lousiana is amended by revising paragraphs A, B,
C, and D of Bayou Cocodrie National Wildlife Refuge; revising
paragraphs B., D.1., D.4. and removing paragraph D.5. of Catahoula
National Wildlife Refuge to read as follows:
Sec. 32.37 Louisiana.
* * * * *
Bayou Cocodrie National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of woodcock is
permitted on designated areas of the refuge subject to
[[Page 62043]]
the following conditions: Permits are required.
B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon,
opossum and coyote is permitted on designated areas of the refuge
subject to the following condition: Permits are required.
C. Big Game Hunting. Hunting of white-tailed deer is permitted on
designated areas of the refuge subject to the following conditions:
Permits are required.
D. Sport Fishing. [Reserved]
* * * * *
Catahoula National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of raccoon, squirrel, rabbit, and
feral hogs is permitted on designated areas of the refuge subject to
the following condition: Permits are required.
* * * * *
D. Sport Fishing. * * *
1. Fishing is permitted from one hour before sunrise until one-half
hour after sunset. Only pole and line or rod and reel fishing is
permitted. Snagging is prohibited.
* * * * *
4. All other refuge waters, including Duck Lake, Muddy Bayou,
ditches, all outlet waters, and all flooded woodlands are open to
fishing and boating from March 1 through October 31.
* * * * *
16. Section 32.38 Maine is amended by revising paragraph B.2. of
Rachel Carson National Wildlife Refuge; and by revising paragraphs A.
and B. of Sunkhaze Meadows National Wildlife Refuge to read as follows:
Sec. 32.38 Maine.
* * * * *
Rachel Carson National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
2. Shotgun hunters will possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
* * * * *
Sunkhaze Meadows National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of migratory game birds
is permitted on designated areas of the refuge pursuant to State law.
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following condition:
Shotgun hunters will and possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
* * * * *
17. Section 32.39 Maryland is amended by adding new paragraph B.6.
to Patuxent Wildlife Research Center to read as follows:
Sec. 32.39 Maryland.
* * * * *
Patuxent Wildlife Research Center
* * * * *
B. Upland Game Hunting. * * *
6. Shotgun hunters will possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
* * * * *
18. Section 32.40 Massachusetts is amended by adding new paragraph
B.3. to Oxbow National Wildlife Refuge to read as follows:
Sec. 32.40 Massachusetts.
* * * * *
Oxbow National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Hunters will possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
* * * * *
19. Section 32.42 Minnesota is amended by adding new paragraph B.1.
to Big Stone National Wildlife Refuge; by adding new paragraph B.3. to
Minnesota Valley National Wildlife Refuge; by revising paragraphs A.,
B., C., and D. of Morris Wetland Management District; by adding new
paragraphs A.1. and B.1. and revising paragraph C.4. of Rice Lake
National Wildlife Refuge; by adding new paragraphs A.5. and B.1. to
Sherburne National Wildlife Refuge; and by revising introductory
language of paragraph A. and revising paragraph B. of Tamarac National
Wildlife Refuge to read as follows:
Sec. 32.42 Minnesota.
* * * * *
Big Stone National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
1. Only nontoxic shot may be used or possessed while hunting for
partridge or ring-necked pheasant (nontoxic shot regulation to be
effective starting with the 1996-97 hunting season).
* * * * *
Minnesota Valley National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Only nontoxic shot may be used or possessed while hunting for
ring-necked pheasant (nontoxic shot regulation to be effective starting
with the 1996-97 hunting season).
* * * * *
Morris Wetland Management District
A. Hunting of Migratory Game Birds. Hunting of migratory game birds
is permitted throughout the district.
B. Upland Game Hunting. Upland game hunting is permitted throughout
the district.
C. Big Game Hunting. Big game hunting is permitted throughout the
district.
D. Sport Fishing. Sport fishing is permitted throughout the
district.
Rice Lake National Wildlife Refuge
A. Hunting of Migratory Game Birds * * *
1. Shotgun hunters may only use or possess nontoxic shot while
hunting migratory game birds.
B. Upland Game Hunting. * * *
1. Shotgun hunters may only use or possess nontoxic shot while
hunting upland game species (nontoxic shot regulation to be effective
starting with the 1996-97 hunting season).
C. Big Game Hunting. * * *
4. Hunting of deer on the Rice Lake Unit is by firearm and archery;
hunting on the Sandstone Unit is by archery only.
* * * * *
Sherburne National Wildlife Refuge
* * * * *
A. Hunting of Migratory Game Birds. * * *
5. Shotgun hunters may use or possess only nontoxic shot while
hunting for migratory game birds.
B. Upland Game Hunting. * * *
1. Shotgun hunters may use or possess only nontoxic shot while
hunting for all upland game species (nontoxic shot regulation to be
effective starting with the 1996-97 hunting season).
* * * * *
Tamarac National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,
woodcock and snipe is permitted on designated areas of the refuge
subject to the following conditions:
* * * * *
B. Upland Game Hunting. Hunting of ruffed grouse, gray and fox
squirrel,
[[Page 62044]]
cottontail rabbit, jackrabbit, snowshoe hare, red fox, raccoon, and
striped skunk is permitted on designated areas of the refuge subject to
the following conditions:
1. Hunting by tribal members is in accordance with White Earth
Indian Reservation regulations on those parts of the Reservation that
are part of the refuge.
2. Red fox, raccoon, and striped skunk may be hunted only from one-
half hour before sunrise until sunset during open seasons for other
small game species. Dogs may not be used for fox or raccoon hunting.
* * * * *
20. Section 32.45 Montana is amended by revising paragraph B. of
Black Coulee National Wildlife Refuge; by adding paragraph B.3. to
Bowdoin National Wildlife Refuge; by revising paragraph B. of Lake
Mason National Wildlife Refuge; by revising paragraphs A., C., and D.
of Lee Metcalf National Wildlife Refuge; and by revising paragraph B.
of Warhorse National Wildlife Refuge to read as follows:
Sec. 32.45 Montana.
* * * * *
Black Coulee National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following condition:
Hunters shall possess and use, while in the field, only nontoxic shot
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season).
* * * * *
Bowdoin National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
* * * * *
Lake Mason National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of upland game is permitted on
designated areas of the refuge subject to the following condition:
Hunters shall possess and use, while in the field, only nontoxic shot
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season).
* * * * *
Lee Metcalf National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of geese, ducks and
coots is permitted on designated areas of the refuge subject to the
following conditions:
1. Hunters may not use or possess more than 15 shells per day.
2. Shooting is permitted only from or within 10 feet of designated
blinds.
3. Maximum of 5 hunters per blind.
4. Hunters are required to record hunt information at Hunter Access
Points.
* * * * *
C. Big Game Hunting. Hunting of white-tailed deer and mule deer is
permitted on designated areas of the refuge subject to the following
conditions:
1. Only archery hunting is permitted.
2. Hunters are required to enter and exit and record hunt
information at Hunter Access Points.
3. Deer stands left on the refuge must be identified with a name
and address and be accessible to other hunters.
4. Deer may not be retrieved from closed areas without prior
consent from the refuge staff.
D. Sport Fishing. Fishing is permitted on designated areas of the
refuge. All fishing is pursuant to State law.
* * * * *
Warhorse National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of upland game birds is permitted
on designated areas of the refuge subject to the following condition:
Hunters shall possess and use, while in the field, only nontoxic shot
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season).
* * * * *
21. Section 32.46 Nebraska is amended by revising the alphabetical
listing of North Platte National Wildlife Refuge to read as follows:
Sec. 32.46 Nebraska.
* * * * *
North Platte National Wildlife Refuge
A. Hunting of Migratory Game Birds. [Reserved]
B. Upland Game Hunting. [Reserved]
C. Big Game Hunting. [Reserved]
D. Sport Fishing. Sport fishing is allowed on designated areas of
the refuge pursuant to State law.
* * * * *
22. Section 32.47 Nevada is amended by revising paragraphs A. of
Ash Meadows National Wildlife Refuge; revising paragraph C. of Desert
National Wildlife Refuge; revising paragraphs A. of Pahranagat National
Wildlife Refuge; and revising paragraphs A. of Ruby Lake National
Wildlife Refuge to read as follows:
Sec. 32.47 Nevada.
* * * * *
Ash Meadows National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,
moorhens, snipe, and doves is permitted on designated areas of the
refuge.
* * * * *
Desert National Wildlife Refuge
* * * * *
C. Big Game Hunting. Hunting of bighorn sheep is permitted on
designated areas of the range subject to the following conditions:
1. Bighorn sheep guides are required to obtain a Special Use Permit
prior to taking clients onto the range.
2. Natural bighorn sheep mortality (pick-up heads) found on the
range are government property and possession or removal of them from
the range is not permitted.
* * * * *
Pahranagat National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,
moorhens, snipe, and mourning doves is permitted on designated areas of
the refuge subject to the following conditions;
1. Only nonmotorized boats or other motorless flotation devices are
permitted on the refuge hunting area during the migratory waterfowl
hunting season.
2. Hunting of waterfowl, coots, and moorhens is permitted only on
the opening weekend and Tuesday, Thursday, and Saturday throughout the
remainder of the season.
* * * * *
Ruby Lake National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots,
moorhens, and snipe is permitted on designated areas of the refuge.
* * * * *
23. Section 32.49 New Jersey is amended by adding paragraph A.7 to
Edwin B. Forsythe National Wildlife Refuge to read as follows:
Sec. 32.49 New Jersey.
* * * * *
Edwin B. Forsythe National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
7. Shotgun hunters will possess and use, while in the field, only
nontoxic shot.
* * * * *
24. Section 32.50 New Mexico is amended by adding paragraphs A.5
and
[[Page 62045]]
6; revising paragraphs B.; and revising paragraph C. to 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. * * *
5. Hunting in Hunt Area B is permitted on all days within the State
authorized season.
6. Hunting in Hunt Area C is permitted from mid-October through the
end of January, on Tuesday, Thursday, and Saturday of each week from
one-half hour before sunrise to 1 p.m. Dove hunting is prohibited in
Hunt Area C.
B. Upland Game Hunting. Hunting of pheasant, quail, cottontail, and
jack rabbits is permitted on designated areas of the refuge subject to
the following conditions:
1. Hunters shall possess and use, while in the field, only nontoxic
shot.
2. Hunting in Hunt Area B is permitted on all days within the State
authorized seasons.
3. The hunting of rabbit and quail is prohibited in Hunt Area C.
C. Big Game Hunting. Hunting of mule deer and white-tailed deer is
permitted on designated areas of the refuge.
* * * * *
25. Section 32.51 New York is amended by adding new paragraph B.4.
to Iroquois National Wildlife Refuge to read as follows:
Sec. 32.51 New York.
* * * * *
Iroquois National Wildlife Refuge
* * * * *
B. Upland Game Hunting * * *
4. Shotgun hunters will possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
* * * * *
26. Section 32.52 North Carolina is amended by revising paragraph
D.1. of Pee Dee National Wildlife Refuge; and by revising introductory
language of paragraph B., revising paragraph C.2., and adding new
paragraphs B.7., B.8., C.8. and C.9. to Pocosin Lakes National Wildlife
Refuge to read as follows:
Sec. 32.52 North Carolina.
* * * * *
Pee Dee National Wildlife Refuge
* * * * *
D. Sport Fishing. * * *
1. Fishing is permitted from March 15 thru October 15.
* * * * *
Pocosin Lakes National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of quail, squirrel, raccoon,
opossum, rabbit, and fox is permitted on designated areas of the refuge
subject to the following conditions: * * *
7. Hunters shall use only shotguns and/or 22 caliber rim-fire
rifles for upland game hunts.
8. Hunters shall possess and use, while in the field, only nontoxic
shot on designated areas of the refuge (nontoxic shot regulation to be
effective starting with the 1996-97 hunting season).
C. Big Game Hunting. * * *
2. Only shotguns, muzzle-loaders, and bow and arrow are allowed for
big game hunts.
* * * * *
8. Archery hunting on the Pungo Unit is permitted during the
regular State archery season and from November 1 through 30. State bag
limits apply.
9. Shotgun, muzzle-loaders, and bow and arrow are permitted on the
Pungo Unit subject to the following condition: Permits are required.
* * * * *
27. Section 32.53 North Dakota is amended by revising paragraph B.
of Arrowwood National Wildlife Refuge; by revising paragraphs B., C.1.,
C.2., and adding paragraphs C.3. through C.7. inclusive to Audubon
National Wildlife Refuge; by adding paragraph B.3. to J. Clark Salyer
National Wildlife Refuge; by revising paragraph B. of Lake Alice
National Wildlife Refuge; by revising paragraph C. of Lake Nettie
National Wildlife Refuge; by revising paragraphs B., C., and D. of Long
Lake National Wildlife Refuge; by adding paragraph B.3. to Lostwood
National Wildlife Refuge; by revising paragraph C. of Slade National
Wildlife Refuge; and by revising paragraphs B. and C. of Tewaukon
National Wildlife Refuge to read as follows:
Sec. 32.53 North Dakota.
* * * * *
Arrowwood National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of pheasant, sharp-tailed grouse,
partridge, rabbit and fox is permitted on designated areas of the
refuge subject to the following conditions:
1. Hunting is permitted from December 1st through the end of the
regular seasons.
2. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
* * * * *
Audubon National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of ring-necked pheasants, gray
partridge and sharp-tailed grouse is permitted on designated areas of
the refuge subject to the following conditions:
1. Hunting is permitted from December 1 until the close of the
State season.
2. Only nontoxic shot is permitted for upland game hunting
(nontoxic shot regulation to be effective starting with the 1996-97
hunting seasons).
3. All islands are closed to hunting.
4. Vehicle use is restricted to the tour route road only.
C. Big Game Hunting. * * *
1. Rifle and muzzleloader deer hunting opens according to State
regulations.
2. Refuge and State permits are required for the first one and one-
half days of the State rifle season.
3. Orange clothing is required for deer hunters as per State
regulations.
4. Hunting with bow and arrow is permitted only the day following
the close of the State deer firearms season through the close of the
State archery season.
5. All islands are closed to hunting.
6. All refuge roads are closed for use by rifle deer hunters except
for retrieval of deer.
7. Muzzleloader and archery deer hunters may use the auto tour
route for access during the hunt and all roads for retrieval of deer.
* * * * *
J. Clark Salver National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
* * * * *
Lake Alice National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of upland game and fox is permitted
on designated areas of the refuge subject to the following condition:
Hunters shall possess and use, while in the field, only nontoxic shot
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season).
* * * * *
[[Page 62046]]
Lake Native National Wildlife Refuge
* * * * *
C. Big Game Hunting. Hunting of white-tailed deer is permitted on
designated areas of the refuge subject to the following conditions:
1. Deer hunting with rifle and muzzleloader is subject to all State
regulations and license units.
2. Deer archery hunting is open the day following the close of the
rifle deer hunting season through the close of the State archery
season.
* * * * *
Long Lake National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of ring-necked pheasant, sharp-
tailed grouse and gray partridge is permitted on designated areas of
the refuge subject to the following conditions:
1. Only steel shot may be used (nontoxic shot regulation to be
effective starting with the 1996-97 hunting season).
2. Upland gamebird season is from December 1 through the end of the
State season.
C. Big Game Hunting. Hunting of deer only is permitted on
designated areas of the refuge subject to the following conditions:
1. Hunters must enter the refuge on foot only.
2. Archery hunting is not allowed during the firearm deer season.
D. Sport Fishing. Fishing is permitted on designated areas of the
refuge subject to the following conditions:
1. Bank fishing is restricted to public use areas on Unit 1, Unit
2, and Long Lake Creek.
2. Boat fishing is restricted to Unit 1.
3. Boats are restricted to 25 HP maximum.
4. Boats are restricted to the period from May 1 through September
30.
5. Ice fishing is restricted to Unit 1.
6. Ice houses must be removed by March 1 annually.
Lostwood National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
3. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
* * * * *
Slade National Wildlife Refuge
* * * * *
C. Big Game Hunting. Deer hunting is permitted on designated areas
of the refuge subject to the following conditions:
1. Hunters may enter the refuge on foot only.
2. Archery hunting is not allowed during the firearm deer season.
* * * * *
Tewaukon National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of ring-necked pheasant is
permitted on designated areas of the refuge.
C. Big Game Hunting. Hunting of white-tailed deer is permitted on
designated areas of the refuge.
* * * * *
28. Section 32.55 Oklahoma is amended by revising paragraphs C. and
D.4. of Wichita Mountains Wildlife Refuge to read as follows:
Sec. 32.55 Oklahoma.
* * * * *
Wichita Mountains National Wildlife Refuge
* * * * *
C. Big Game Hunting. Hunting of elk and white-tailed deer is
permitted on designated areas of the refuge subject to the following
condition: Permits and payment of a fee are required.
D. Sport Fishing. * * *
4. Lake Elmer Thomas is open to fishing. Bass fishing on Lake Elmer
Thomas is restricted to catch and release.
* * * * *
29. Section 32.56 Oregon is amended by revising paragraphs A.1.,
A.2., A.5., B., D.1., D.3., and removing paragraphs A.6., A.7., B.5.,
and D.5. of Cold Springs National Wildlife Refuge; by revising
paragraphs A.2. and B.1. of Malheur National Wildlife Refuge; by
revising paragraphs A.1., A.2., A.4., A.5., A.6., B., D.1., and D.2.,
and adding new paragraph D.3., and removing paragraph A.7. of McKay
Creek National Wildlife Refuge; and by revising paragraphs A.1., A.4.,
A.5., revising introductory language of paragraph B., revising
paragraphs B.1., B.3., B.4., B.5., D.1. through D.4. inclusive, and
removing paragraphs A.6. through A.8. inclusive of Umatilla National
Wildlife Refuge to read as follows:
Sec. 32.56 Oregon.
* * * * *
Cold Springs National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset. Decoys and other personal property may not be left on the
refuge overnight.
2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays,
Thanksgiving Day, Christmas Day and New Year's Day.
* * * * *
5. Hunters may not possess more than 25 shells while in the field.
B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian
partridge, and quail is permitted on designated areas of the refuge
subject to the following conditions:
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset.
2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays,
Thanksgiving Day, Christmas Day and New Year's Day.
3. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
4. Hunters may not possess more than 25 shells while in the field.
* * * * *
D. Sport Fishing. * * *
1. Use of non-motorized boats and boats with electric motors is
permitted from March 1 through September 30.
* * * * *
3. Fishing is permitted only with hook and line.
* * * * *
Malheur National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
2. Snipe and dove hunters shall possess and use, while in the
field, only nontoxic shot.
B. Upland Game Hunting. * * *
1. Hunting of pheasant, quail, partridge, and rabbit is permitted
from the third Saturday in November to the end of the State pheasant
season in designated zones of the Blitzen Valley east of Highway 205.
Hunting is also permitted on Malheur Lake during the waterfowl hunting
season.
* * * * *
McKay Creek National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset. Decoys and other personal property may not be left on the
refuge overnight.
2. Hunting is permitted only on Tuesdays, Thursdays and Saturdays,
Thanksgiving Day, Christmas and New Year's Day.
* * * * *
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for the opening weekend of the season when
it coincides with the season opening for upland game birds.
[[Page 62047]]
6. The use of boats is prohibited.
B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian
partridge, and quail is permitted on designated areas of the refuge
subject to the following conditions:
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset.
2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays,
Thanksgiving Day, Christmas Day and New Year's Day.
3. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for the opening weekend of the season.
* * * * *
D. Sport Fishing. * * *
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset.
2. Fishing permitted from March 1 through September 30.
3. Fishing is permitted only with hook and line.
* * * * *
Umatilla National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset except for the Hunter Check Station parking lot at the McCormack
Unit which is open each morning two hours prior to State shooting hours
for waterfowl. Decoys, boats and other personal property must be
removed from the refuge following each day's hunt.
* * * * *
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for hunting on the McCormack Unit.
B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian
partridge, and quail is permitted on designated areas of the refuge
subject to the following conditions:
1. Hunting of upland game birds is not allowed until noon of each
hunt day.
* * * * *
3. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for hunting on the McCormack Unit.
* * * * *
D. Sport Fishing. * * *
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset.
2. Fishing is permitted on refuge impoundments and ponds from
February 1 through September 30. Other refuge waters (Columbia River
and its backwaters) are open in accordance with State regulations.
3. Only non-motorized boats and boats with electric motors are
permitted on refuge impoundments and ponds.
4. Fishing is permitted only with hook and line.
* * * * *
30. Section 32.57 Pennsylvania is amended by adding new paragraph
B.5. to Erie National Wildlife Refuge to read as follows:
Sec. 32.57 Pennsylvania.
* * * * *
Erie National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
5. Shotgun hunters will possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
* * * * *
31. Section 32.60 South Carolina is amended by revising paragraph
A. of Santee National Wildlife Refuge to read as follows:
Sec. 32.60 South Carolina.
* * * * *
Santee National Wildlife Refuge
A. Hunting of Migratory Game Birds. Hunting of mourning doves,
ducks, and coots is permitted on designated areas of the refuge subject
to the following condition: Permits are required.
* * * * *
32. Section 32.61 South Dakota is amended by revising paragraph B.
of Pocasse National Wildlife Refuge to read as follows:
Sec. 32.61 South Dakota.
* * * * *
Pocasse National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of pheasant is permitted on
designated areas of the refuge subject to the following condition:
Hunters shall possess and use, while in the field, only nontoxic shot
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season).
* * * * *
33. Section 32.62 Tennessee is amended by revising paragraph D.1.
of Cross Creeks National Wildlife Refuge; and by revising introductory
language of paragraph D. and revising paragraph D.1. of Lake Isom
National Wildlife Refuge to read as follows:
Sec. 32.62 Tennessee.
* * * * *
Cross Creeks National Wildlife Refuge
* * * * *
D. Sport Fishing. * * *
1. Fishing is permitted on refuge pools and reservoirs from March
15 through October 31 from sunrise to sunset.
* * * * *
Lake Isom National Wildlife Refuge
* * * * *
D. Sport Fishing. Fishing is permitted on designated areas of the
refuge subject to the following conditions:
1. Fishing is permitted from March 15 through October 15 only from
sunrise to sunset.
* * * * *
34. Section 32.64 Utah is amended by revising paragraph B. of Ouray
National Wildlife Refuge to read as follows:
Sec. 32.64 Utah.
* * * * *
Ouray National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of pheasant is permitted on
designated areas of the refuge subject to the following condition:
Hunters shall possess and use, while in the field, only nontoxic shot
(nontoxic shot regulation to be effective starting with the 1996-97
hunting season).
* * * * *
35. Section 32.65 Vermont is amended by revising paragraphs B.1.
and B.2., and adding new paragraphs B.3, B.4., C.3. and C.4. to
Missisquoi National Wildlife Refuge to read as follows:
Sec. 32.65 Vermont.
* * * * *
Missisquoi National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
1. All hunters must register at Refuge Headquarters prior to
hunting on the refuge.
2. The use of rifles is not permitted on that portion of the refuge
lying east of the Mississippi River.
3. Hunting is not permitted from January 1 through August 31.
4. Shotgun hunters will possess and use, while in the field, only
nontoxic shot (nontoxic shot regulation to be effective starting with
the 1996-97 hunting season).
[[Page 62048]]
C. Big Game Hunting. * * *
3. All hunters must register at Refuge Headquarters prior to
hunting on the refuge.
4. Only portable tree stands are allowed. Unattended tree stands
are prohibited.
* * * * *
36. Section 32.66 Virginia is amended by adding paragraph A.8 to
Chincoteague National Wildlife Refuge to read as follows:
* * * * *
Sec. 32.66 Virginia.
* * * * *
Chincoteague National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
8. Shotgun hunters will possess and use, while in the field, only
nontoxic shot.
* * * * *
37.1 Section 32.67 Washington is amended by revising paragraphs A.2
through A.7. inclusive, removing paragraph A.8., revising introductory
language of paragraph B., revising paragraphs B.1. and D., and adding
paragraphs B.4., B.5., and B.6. to McNary National Wildlife Refuge; by
revising paragraphs A.1., A.2., A.3., B., and adding new paragraph A.4.
to Toppenish National Wildlife Refuge; and by revising paragraphs A.3.,
A.4., A.5., introductory language of paragraphs B., B.1., B.3., and D.,
and removing paragraph A.6. of Umatilla National Wildlife Refuge to
read as follows:
Sec. 32.67 Washington.
* * * * *
McNary National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
2. The refuge is open from 5 a.m. to one and one-half hours after
sunset. Decoys and other personal property may not be left on the
refuge overnight.
3. Hunting is permitted only Wednesdays, Saturdays, Sundays,
Thanksgiving Day, Christmas Day, and New Year's Day.
4. Hunters in the marked hunt site area of the McNary Division must
hunt within fifty (50) feet of designated blind sites except when
shooting to retrieve crippled birds.
5. Hunters may not possess more than 25 shells while in the field.
6. On the first Saturday in December, only youth aged 10-17 and an
accompanying adult aged 18 or over may hunt.
7. The furthest downstream island (Columbia River mile 341-343) in
the Hanford Islands Division is closed to hunting.
B. Upland Game Hunting. Hunting of pheasant is permitted on
designated areas of the refuge subject to the following conditions:
1. Hunting is not allowed until noon of each hunt day.
* * * * *
4. Hunters may not possess more than 25 shells while in the field.
5. On the first Saturday in December, only youth aged 10-17 and an
accompanying adult aged 18 or over may hunt.
6. The furthest downstream island (Columbia River mile 341-343) in
the Hanford Islands Division is closed to hunting.
* * * * *
D. Sport Fishing. Fishing is permitted on designated areas of the
McNary Division subject to the following conditions:
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset.
2. Fishing is permitted from February 1 through September 30.
3. The use of boats and other floatation devices is not permitted.
4. Fishing is permitted only with hook and line.
* * * * *
Toppenish National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset. Decoys and other personal property may not be left on the
refuge overnight.
2. Hunters may not possess more than 25 shells while in the field.
3. Hunters in the marked hunt site areas must hunt within fifty
(50) feet of designated blind sites except when shooting to retrieve
crippled birds.
4. On the first Saturday in December, only youth aged 10-17 and an
accompanying adult aged 18 or over may hunt.
B. Upland Game Hunting. Hunting of pheasant and quail is permitted
on designated areas of the refuge subject to the following conditions:
1. Hunting of upland game birds is not allowed until noon of each
hunt days.
2. Hunters shall possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
3. Hunters may not possess more than 25 shells while in the field.
4. On the first Saturday in December, only youth aged 10-17 and an
accompanying adult aged 18 or over may hunt.
* * * * *
Umatilla National Wildlife Refuge
A. Hunting of Migratory Game Birds. * * *
3. The refuge is open from 5 a.m. to one and one-half hours after
sunset. Decoys, boats, and other personal property may not be left on
the refuge overnight.
4. Hunters may not possess more than 25 shells while in the field.
5. Digging or hunting from pit blinds is prohibited.
B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian
partridge, and quail is permitted on designated areas of the refuge
subject to the following conditions:
1. Hunting of upland game birds is not allowed until noon of each
hunt day.
* * * * *
3. Hunters may not possess more than 25 shells while in the field.
D. Sport Fishing. Fishing is permitted on designated areas of the
refuge subject to the following conditions:
1. The refuge is open from 5 a.m. to one and one-half hours after
sunset.
2. Fishing is permitted on refuge impoundments and ponds from
February 1 through September 30. Other refuge waters (Columbia River
and its backwaters) are open in accordance with State regulations.
3. Fishing is permitted only with hook and line.
* * * * *
38. Section 32.68 West Virginia is amended by adding new paragraph
B.4. to Ohio River Islands National Wildlife Refuge to read as follows:
Sec. 32.68 West Virginia.
* * * * *
Ohio River Islands National Wildlife Refuge
* * * * *
B. Upland Game Hunting. * * *
4. Hunters will possess and use, while in the field, only nontoxic
shot (nontoxic shot regulation to be effective starting with the 1996-
97 hunting season).
* * * * *
39. Section 32.69 Wisconsin is amended by adding new paragraph B.1.
to Horicon National Wildlife Refuge to read as follows:
Sec. 32.69 Wisconsin.
* * * * *
Horicon National Wildlife Refuge
* * * * *
[[Page 62049]]
B. Upland Game Hunting. * * *
1. Shotgun hunters may use or possess only nontoxic shot while
hunting upland game species.
* * * * *
40. Section 32.70 Wyoming is amended by revising paragraph B. of
Pathfinder National Wildlife Refuge; and by revising paragraph B. of
Seedskadee National Wildlife Refuge to read as follows:
Sec. 32.70 Wyoming.
* * * * *
Pathfinder National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of sage grouse and cottontail
rabbit is permitted on designated areas of the refuge subject to the
following condition: Hunters shall possess and use, while in the field,
only nontoxic shot.
* * * * *
Seedskadee National Wildlife Refuge
* * * * *
B. Upland Game Hunting. Hunting of sage grouse and cottontail
rabbit is permitted on designated areas of the refuge subject to the
following condition: Hunters shall possess and use, while in the field,
only nontoxic shot.
* * * * *
Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-29099 Filed 12-1-95; 8:45 am]
BILLING CODE 4310-55-M
