Comment on FR Doc # N/A

To Whom It May Concern: The North Coast Chapter of California Waterfowl Association gives the following input for the Proposed Rules to the Federal Register, dated January 13, 2009. Federal Register/Vol. 74, No. 8/Tuesday, January 13, 2009/Proposed Rules 1845 §32.24 California * * * * * Humboldt Bay National Wildlife Refuge A. Migratory Game Bird Hunting. * * * 10. We open the waters of Hookton Slough (including Teal Island, but excluding saltmarsh islands and exposed mudflat) and White Slough (including Egret Island) to hunting on Saturdays, Sundays, Wednesdays, Federal holidays, and the opening and closing day of the State waterfowl hunting season. We have not opened the portion of the Hookton Slough unit between the dike and Hookton Road to hunting and firearms. We have not opened the boat dock on the Hookton Slough Unit to hunting and firearms and restrict use to nonmotorized boats only. The North Coast Chapter of California Waterfowl Association calls to your attention the first sentence in item #10. “We open the waters of Hookton Slough (including Teal Island, but excluding saltmarsh islands and exposed mudflat) and White Slough (including Egret Island) to hunting on Saturdays, Sundays, Wednesdays, Federal holidays, and the opening and closing day of the State waterfowl hunting season.” According to the deeds #1916R610305 12/31/1981 and #1918R751331 6/08/1988 for the property surrounding Hookton Slough, the description of what the Federal Government owns runs ALONG the banks of Hookton Slough, but the deeds do not say the Federal Government is granted ownership to INCLUDE the Hookton Slough or saltmarsh islands and exposed mudflat within the slough. The North Coast Chapter of California Waterfowl Association’s contention is that all the water from the origin of Hookton Slough (≈40˚ 40’ 29.74” N, 124˚ 12’ 45.35” W) to the MOUTH of the Hookton Slough (≈40˚ 41’ 5.33” N, 124˚ 13’ 24.59” W) and the saltmarsh islands and exposed mudflat within the slough are actually owned by the State of California and controlled under the jurisdiction of Humboldt Bay Harbor Recreation and Conservation District and not by Humboldt Bay National Wildlife Refuge. Therefore, Hookton Slough, including the saltmarsh islands and exposed mudflat, is available to hunt 7 days a week under California Fish and Game Code Section 3681 and not just Saturdays, Sundays, Wednesdays, Federal holidays, and the opening and closing day of the State waterfowl hunting season. The Proposed Rules to the Federal Register determine how many and which days hunters can hunt the Hookton Slough. Therefore, you need to set aside any action pertaining to these rules that are being proposed until the legal clarification of jurisdiction of the Hookton Slough, including the saltmarsh islands and exposed mudflat within the slough, has been identified. Thank you. Jim Holdner, Chairman North Coast Chapter California Waterfowl Association Phil Grunert, Treasurer North Coast Chapter California Waterfowl Association Ted Romo, Heritage Advocate Specialist North Coast Chapter California Waterfowl Association