Comment on FR Doc # E9-00287

To Whom It May Concern: The California Outdoor Heritage Alliance (COHA) would like to take this opportunity to briefly provide comments on the proposed rule changes to hunting on the Humboldt Bay National Wildlife Refuge in California. Particularly, we are concerned with the Service's effort to regulate hunting activities within Hookton Slough and White Slough, state-owned navigable waterways. Under California law, all navigable waterways are held in public trust by the State for the benefit of the public, and hunting per California case law has been deemed a use incidental to the public right of navigation over such waters. Specifically, the California State Lands Commission holds legal title to all navigable waterways and generally regulates their use, including for purposes of hunting, through individual lease agreements. In the case of Hookton Slough and White Slough, we are unaware of any specific lease agreement with the Service to regulate hunting there. While the California Fish and Game Commission has established regulations regarding which days Humboldt Bay is open for waterfowl hunting, it has not specifically included Hookton Slough or White Slough within those regulations. In fact, it specifically exempts "all rivers, streams and sloughs emptying into the bay" from those regulations (Sections 11016 and 11017). Thus, hunting should be available 7 days per week during the normal waterfowl hunting season up to the mean high water mark. The Service's proposal to restrict hunting to three days per week in Hookton Slough and White Slough is therefore invalid in our view. In addition, it appears as if the proposed regulations do not permit hunting on the "saltmarsh islands and exposed mudlflat" within Hookton Slough, which would similarly be invalid in areas below the normal high water mark or those land or water areas in which the Service does not hold title. We therefore urge you to modify your regulations to allow hunting within both Hookton Slough and White Slough 7 days per week during waterfowl hunting season. Thank you for the opportunity to comment. Mark Hennelly, Vice President California Outdoor Heritage Alliance 916-643-4607