45674 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

[Docket No. FWS–R9–NSR–2008–0042] 

[93270–1265–0000–4A] 

RIN 1018-AV80 

2008–2009 Refuge-Specific Hunting 

and Sport Fishing Regulations— 

Modifications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Fish and Wildlife Service 

implements pertinent refuge-specific 

regulations and amends other existing 

refuge-specific regulations that pertain 

to migratory game bird hunting, upland 

game hunting, big game hunting, and 

sport fishing for the 2008–2009 season. 

DATES: This rule is effective September 

3, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Leslie A. Marler, (703) 358-2397; Fax 

(703) 358-2248. 

SUPPLEMENTARY INFORMATION: The 

National Wildlife Refuge System 

Administration Act of 1966 closes 

national wildlife refuges in all States 

except Alaska to all uses until opened. 

The Secretary of the Interior (Secretary) 

may open refuge areas to any use, 

including hunting and/or sport fishing, 

upon a determination that such uses are 

compatible with the purposes of the 

refuge and National Wildlife Refuge 

System (Refuge System or our/we) 

mission. The action also must be in 

accordance with provisions of all laws 

applicable to the areas, developed in 

coordination with the appropriate State 

fish and wildlife agency(ies), consistent 

with the principles of sound fish and 

wildlife management and 

administration, and otherwise in the 

public interest. These requirements 

ensure that we maintain the biological 

integrity, diversity, and environmental 

health of the Refuge System for the 

benefit of present and future generations 

of Americans. 

We annually review refuge hunting 

and sport fishing programs to determine 

whether to include additional refuges or 

whether individual refuge regulations 

governing existing programs need 

modifications. Changing environmental 

conditions, State and Federal 

regulations, and other factors affecting 

fish and wildlife populations and 

habitat may warrant modifications to 

refuge-specific regulations to ensure the 

continued compatibility of hunting and 

sport fishing programs and to ensure 

that these programs will not materially 

interfere with or detract from the 

fulfillment of refuge purposes or the 

Refuge System’s mission. 

Provisions governing hunting and 

sport fishing on refuges are in title 50 of 

the Code of Federal Regulations in part 

32 (50 CFR part 32). We regulate 

hunting and sport fishing on refuges to: 

• Ensure compatibility with refuge 

purpose(s); 

• Properly manage the fish and 

wildlife resource(s); 

• Protect other refuge values; 

• Ensure refuge visitor safety; and 

• Provide opportunities for quality 

fish- and wildlife-dependent recreation. 

On many refuges where we decide to 

allow hunting and sport fishing, our 

general policy of adopting regulations 

identical to State hunting and sport 

fishing regulations is adequate in 

meeting these objectives. On other 

refuges, we must supplement State 

regulations with more-restrictive 

Federal regulations to ensure that we 

meet our management responsibilities, 

as outlined in the Statutory Authority 

section. We issue refuge-specific 

hunting and sport fishing regulations 

when we open wildlife refuges to 

migratory game bird hunting, upland 

game hunting, big game hunting, or 

sport fishing. These regulations list the 

wildlife species that you may hunt or 

fish, seasons, bag or creel (container for 

carrying fish) limits, methods of hunting 

or sport fishing, descriptions of areas 

open to hunting or sport fishing, and 

other provisions as appropriate. You 

may find previously issued refugespecific regulations for hunting and 

sport fishing in 50 CFR part 32. In this 

rulemaking, we also standardize and 

clarify the language of existing 

regulations. 

Plain Language Mandate 

In this rule we made some of the 

revisions to the individual refuge units 

to comply with a Presidential mandate 

to use plain language in regulations; as 

such, these particular revisions do not 

modify the substance of the previous 

regulations. These types of changes 

include using ‘‘you’’ to refer to the 

reader and ‘‘we’’ to refer to the Refuge 

System, using the word ‘‘allow’’ instead 

of ‘‘permit’’ when we do not require the 

use of a permit for an activity, and using 

active voice (i.e., ‘‘We restrict entry into 

the refuge’’ vs. ‘‘Entry into the refuge is 

restricted’’.) 

Statutory Authority 

The National Wildlife Refuge System 

Administration Act of 1966 (16 U.S.C. 

668dd–668ee, as amended by the 

National Wildlife Refuge System 

Improvement Act of 1997 [Improvement 

Act]) (Administration Act), and the 

Refuge Recreation Act of 1962 (16 

U.S.C. 460k–460k–4) (Recreation Act) 

govern the administration and public 

use of refuges. 

Amendments enacted by the 

Improvement Act, built upon the 

Administration Act in a manner that 

provides an ‘‘organic act’’ for the Refuge 

System, are similar to those that exist 

for other public Federal lands. The 

Improvement Act serves to ensure that 

we effectively manage the Refuge 

System as a national network of lands, 

waters, and interests for the protection 

and conservation of our Nation’s 

wildlife resources. The Administration 

Act states first and foremost that we 

focus our Refuge System mission on 

conservation of fish, wildlife, and plant 

resources and their habitats. The 

Improvement Act requires the Secretary, 

before allowing a new use of a refuge, 

or before expanding, renewing, or 

extending an existing use of a refuge, to 

determine that the use is compatible 

with the purpose for which the refuge 

was established and the mission of the 

Refuge System. The Improvement Act 

established as the policy of the United 

States that wildlife-dependent 

recreation, when compatible, is a 

legitimate and appropriate public use of 

the Refuge System, through which the 

American public can develop an 

appreciation for fish and wildlife. The 

Improvement Act established six 

wildlife-dependent recreational uses as 

the priority general public uses of the 

Refuge System. These uses are hunting, 

fishing, wildlife observation and 

photography, and environmental 

education and interpretation. 

The 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 doing so is 

practicable and not inconsistent with 

the primary purpose(s) for which 

Congress and the Service established the 

areas. The Recreation Act requires that 

any recreational use of refuge lands be 

compatible with the primary purpose(s) 

for which we established the refuge and 

not inconsistent with other previously 

authorized operations. 

The Administration Act and 

Recreation Act also authorize the 

Secretary to issue regulations to carry 

out the purposes of the Acts and 

regulate uses. 

We develop specific management 

plans for each refuge prior to opening it 

to hunting or sport fishing. In many 

cases, we develop refuge-specific 

regulations to ensure the compatibility 

of the programs with the purpose(s) for 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45675 

which we established the refuge and the 

Refuge System mission. We ensure 

initial compliance with the 

Administration Act and the Recreation 

Act for hunting and sport fishing on 

newly acquired refuges through an 

interim determination of compatibility 

made at or near the time of acquisition. 

These regulations ensure that we make 

the determinations required by these 

acts prior to adding refuges to the lists 

of areas open to hunting and sport 

fishing in 50 CFR part 32. We ensure 

continued compliance by the 

development of comprehensive 

conservation plans, specific plans, and 

by annual review of hunting and sport 

fishing programs and regulations. 

Response to Comments Received 

In the January 13, 2009, Federal 

Register (74 FR 1838), we published a 

proposed rulemaking identifying 

changes pertaining to migratory game 

bird hunting, upland game hunting, big 

game hunting and sport fishing to 

existing refuge-specific language on 

certain refuges for the 2008-2009 season. 

We received five comments on the 

proposed rule during a 30–day comment 

period. 

Comment 1: The commenter believes 

that rules regarding outdoor sports 

(hunting and fishing) should not be 

governed at the Federal level, but 

should continue to be created, 

monitored, and reviewed by the 

individual States thus saving taxpayer 

resources. 

Response 1: As discussed earlier in 

the preamble (see Statutory Authority), 

these are Federal lands and both the 

Administration and Recreation Acts 

mandate that we govern the 

administration and public use of these 

refuges. Furthermore, the U.S. Supreme 

Court has approved of the Federal 

government’s responsibilities to manage 

wildlife. The Federal government has 

the ability to regulate wildlife under the 

Property Clause (Kleppe v. New Mexico, 

426 U.S. 529 (1976)); under the treatymaking power (Missouri v. Holland, 252 

U.S. 416 (1920); and the commerce 

clause of the U.S. Constitution (Andrus 

v. Allard, 444 U.S. 51 (1979)). 

Nevertheless, the Service has and will 

continue to work in cooperation with 

individual States in creating rules to 

manage wildlife. 

Comment 2: Two commenters raised 

concerns over whether the Service has 

jurisdiction over Hookton Slough and 

White Slough (associated with 

Humboldt Bay National Wildlife Refuge 

in California). They believe that these 

are State-owned navigable waterways, 

and as such, are held in public trust by 

the State for the benefit of the public. 

They believe that the State would, 

therefore, regulate the use of those 

navigable waterways, including for 

purposes of hunting, through individual 

lease agreements. They believe that the 

Service does not have any specific lease 

agreement with the State to regulate 

hunting on those two sloughs. The 

commenter states that California 

currently allows hunting 7 days a week 

on Hookton Slough. 

Response 2: The Service (Region 8) is 

currently in the process of developing 

their comprehensive conservation plan 

for the Humboldt Bay and Castle Rock 

National Wildlife Refuge Complex. We 

have been and will continue to address 

this jurisdictional issue through the 

comprehensive conservation planning 

(CCP) process. The CCP process 

provides all interested members of the 

public opportunity to comment through 

public scoping meetings and public 

comment periods. CCPs describe the 

desired future conditions of a refuge or 

planning unit and provide long-range 

guidance and management direction to 

achieve the purposes of the refuge; help 

fulfill the mission of the Refuge System; 

maintain and, where appropriate, 

restore the ecological integrity of each 

refuge and the Refuge System; help 

achieve the goals of the National 

Wilderness Preservation System; and 

meet other mandates. The Service 

recently completed public scoping/ 

meeting activities for the CCP and plan 

to complete the CCP by the summer of 

2009. In the meantime, we are removing 

condition A10 from the final rule and 

renumbering the remaining conditions 

A11 and A12 as A10 and A11 

respectively. 

Comment 3: The Louisiana 

Department of Wildlife and Fisheries 

wrote to say that they had recently 

changed their State regulations to allow 

the use of crossbows as legal archery 

equipment and are now using the term 

primitive firearms instead of 

muzzleloaders. Additionally, the State 

requests that we change our regulations 

to drop the requirement for archery 

certification prior to participation in 

archery hunts for consistency among 

Louisiana refuges. The State also 

requests that we consider providing 

additional hunting opportunities that 

are consistent with State regulations (fur 

trapping and alligator harvest on all 

Louisiana refuges). They recommend 

that we modify all affected Louisiana 

refuges accordingly. 

Response 3: We agree in part. The 

Service ensures that any request to 

modify our regulations is consistent 

with its management responsibility. 

Generally the Refuge System’s practice 

is whenever possible to allow hunting 

in accordance with State regulations so 

long as these regulations continue to 

conserve the refuge’s natural resources 

and ensure visitor safety. Having 

determined that some of the State’s 

regulations are compatible with the 

Service’s management responsibilities, 

we will make the following changes to 

nine of the Louisiana refuges proposed 

in the January 13, 2009, regulations 

(Bayou Cocodrie, Black Bayou Lake, 

Cameron Prairie, Cat Island, Catahoula, 

Grand Cote, Lacassine, Lake Ophelia, 

and Tensas National Wildlife Refuges): 

Remove the prohibition on crossbows; 

change the word ‘‘muzzleloader’’ to 

‘‘primitive firearms’’; and drop the 

archery certification requirement in our 

regulations. Two of the proposed 

refuges (Big Branch Marsh and Sabine) 

did not reference these issues/ 

conditions in their refuge-specific 

regulations but operate in accordance 

with State regulations in any event. We 

cannot modify conditions on the other 

Louisiana refuges not proposed in the 

January 13, 2009, rule. We will, 

however, in future rulemakings consider 

modifying the other affected Louisiana 

refuges reflecting these recent State 

regulation changes. 

Regarding the State’s request that we 

‘‘consider’’ additional opportunities for 

trapping and alligator harvest, the 

Service considered this request but does 

not plan to change our regulations on 

these issues at this time. The Refuge 

System considers trapping to be a 

management activity and, as such, it 

would not be considered as a 

recreational opportunity covered by 50 

CFR part 32. As discussed earlier in the 

SUPPLEMENTARY INFORMATION section, 

our general policy is to adopt 

regulations identical to State hunting 

and sport fishing regulations. However, 

in some cases, we must supplement 

State regulations with more restrictive 

Federal regulations to ensure that we 

meet our management responsibilities, 

as outlined in the Statutory Authority 

section. 

Comment 4: A commenter questioned 

the prohibition of crossbows for hunting 

on refuge lands being inconsistent with 

State of Georgia regulations and the 

majority of States. The commenter feels 

that the prohibition discriminates 

against disabled, elderly, and youth 

hunters unable to hunt with a bow; and 

that the Refuge System is understaffed 

to enforce this prohibition. The State of 

Georgia refuges in question are Harris 

Neck, Savannah, and Wassaw National 

Wildlife Refuges. 

Response 4: We are making no 

changes to the regulations at this time. 

However, we are considering the use of 

crossbows at Savannah, Wassaw, and 


jlentini on DSKJ8SOYB1PROD with RULES2
45676 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

Harris Neck National Wildlife Refuges 

through our comprehensive 

conservation plans (CCPs), scheduled 

for completion in 2011. Through the 

CCP process, the Service will provide an 

opportunity for all interested members 

of the public to comment. Even if the 

Service decides to allow the use of 

crossbows here in a manner consistent 

with the State’s regulations, we reserve 

the right, as discussed in response #3 

and in the Statutory Authority section, 

to supplement State regulations with 

more restrictive Federal regulations to 

ensure that we meet our management 

responsibilities. 

Effective Date 

This rule is effective upon publication 

in the Federal Register. We have 

determined that any further delay in 

implementing these refuge-specific 

hunting and sport fishing regulations 

would not be in the public interest, in 

that a delay would hinder the effective 

planning and administration of the 

hunting and fishing programs. We 

provided a 30–day public comment 

period for the January 13, 2009, 

proposed rule. An additional delay 

would jeopardize holding the hunting 

and/or fishing programs this year or 

shorten their duration and thereby 

lessen the management effectiveness of 

this regulation. This rule does not 

impact the public generally in terms of 

requiring lead time for compliance. 

Rather it relieves restrictions in that it 

allows activities on refuges that we 

would otherwise prohibit. Therefore, we 

find good cause under 5 U.S.C. 553(d)(3) 

to make this rule effective upon date of 

publication. 

Amendments to Existing Regulations 

This document codifies in the Code of 

Federal Regulations the Service’s 

hunting and/or sport fishing regulations 

that are applicable at Refuge System 

units previously opened to hunting and/ 

or sport fishing. We are doing this to 

better inform the general public of the 

regulations at each refuge, to increase 

understanding and compliance with 

these regulations, and to make 

enforcement of these regulations more 

efficient. In addition to now finding 

these regulations in 50 CFR part 32, 

visitors to our refuges will usually find 

them reiterated in literature distributed 

by each refuge or posted on signs. 

We have cross-referenced a number of 

existing regulations in 50 CFR parts 26, 

27, and 32 to assist hunting and sport 

fishing visitors with understanding 

safety and other legal requirements on 

refuges. This redundancy is deliberate, 

with the intention of improving safety 

and compliance in our hunting and 

sport fishing programs. Furthermore, 

this redundancy helps ensure continued 

conservation of wildlife and protection 

of the environment with respect to 

regulations limiting the amount and 

type of ammunition permitted. 

We are revising 50 CFR 32.8, ‘‘Areas 

closed to hunting,’’ by removing the 

entry dated October 2, 1958, under the 

States of Iowa, Minnesota, and 

Wisconsin which was mooted by 2007 

regulations discussed below. On 

October 24, 2006, we published a 

comprehensive conservation plan 

describing habitat and waterfowl use 

changes in those closed areas and 

outlined needed location and boundary 

changes. We further published a final 

regulation on September 7, 2007 (72 FR 

51534), amending hunting and fishing 

regulations for the Upper Mississippi 

River National Wildlife and Fish Refuge 

in the States of Illinois, Iowa, 

Minnesota, and Wisconsin, which 

included changes to the system of 

closed areas, thus making the 1958 

entries moot. A copy of the refuge 

comprehensive conservation plan can 

be found at www.fws.gov/midwest/ 

planning/uppermiss. 

We have removed conditions 

pertaining to different types of and 

allowed use of weaponry and 

requirements to unload all firearms 

when traveling to and from the hunting 

area that is redundant with part 27.42. 

On May 22, 2009, President Obama 

signed the Credit Cardholders’ Bill of 

Rights Act of 2009 (H.R. 627) containing 

an amendment that would allow 

firearms in parks and refuges, which is 

to take effect in February, 2010. 

Accordingly, because these regulations 

will be permanent, we have not 

included provisions on weapons which 

are inconsistent with this new 

legislation in this final regulation. Until 

those provisions are effective, the 

general regulations found at 50 CFR 

27.42 continue to apply. 

Fish Advisory 

For health reasons, anglers should 

review and follow State-issued 

consumption advisories before enjoying 

recreational sport fishing opportunities 

on Service-managed waters. You can 

find information about current fish 

consumption advisories on the internet 

at: http://www.epa.gov/ost/fish/. 

Regulatory Planning and Review 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant under Executive Order 

12866 (E.O. 12866). OMB bases its 

determination on the following four 

criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c) Whether the rule will materially 

affect entitlements, grants, use fees, loan 

programs, or the rights and obligations 

of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(as amended by the Small Business 

Regulatory Enforcement Fairness Act 

[SBREFA] of 1996) (5 U.S.C. 601, et 

seq.), whenever a Federal agency is 

required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effect of the rule on small entities (i.e., 

small businesses, small organizations, 

and small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency certifies that the rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Thus, for a regulatory flexibility analysis 

to be required, impacts must exceed a 

threshold for ‘‘significant impact’’ and a 

threshold for a ‘‘substantial number of 

small entities.’’ See 5 U.S.C. 605(b). 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This rule does not increase the 

number of recreation types allowed on 

the System nor does it establish new 

hunting or fishing programs on national 

wildlife refuges. Instead, this rule makes 

administrative changes, provides 

clarification, and makes minor changes 

to recreational opportunities on a 

number of national wildlife refuges. As 

a result, visitor use for wildlifedependent recreation on national 

wildlife refuges may change. The 

changes are likely to minimally impact 

visitor activity on these national 

wildlife refuges. We do not expect an 

impact to overall visitor use days due to 

changes on individual refuges such as 

the use of safety belts in tree stands or 

reporting accidents involving property 

damage or personal injury. There may 

be minor decreases in visitor use due to 

modifications such as individual refuges 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45677 

prohibiting the use of permanent 

structures, prohibiting marking of trees, 

or prohibiting hunting with bait. We 

would expect only a minor change, if 

any, in visitor use. If visitor use does 

decrease marginally, we would expect 

these visitors to go to a substitute site 

for the activity and not necessarily 

result in an overall decrease in 

participation rates for the activity. 

Small businesses within the retail 

trade industry (such as hotels, gas 

stations, taxidermy shops, bait and 

tackle shops, etc.) may be impacted 

from some decreased refuge visitation. 

A large percentage of these retail trade 

establishments in the local communities 

around national wildlife refuges qualify 

as small businesses. We expect that the 

incremental recreational changes will be 

scattered, and so we do not expect that 

the rule will have a significant 

economic effect on a substantial number 

of small entities in any region or 

nationally. 

With the small change in overall 

spending anticipated from this rule, it is 

unlikely that a substantial number of 

small entities will have more than a 

small impact from the spending change 

near the affected refuges. Therefore, we 

certify that this rule will not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). An initial/ 

final Regulatory Flexibility Analysis is 

not required. Accordingly, a Small 

Entity Compliance Guide is not 

required. 

Small Business Regulatory Enforcement 

Fairness Act 

The rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

We anticipate no significant 

employment or small business effects. 

This rule: 

a. Would not have an annual effect on 

the economy of $100 million or more. 

The minimal impact would be scattered 

across the country and would most 

likely not be significant in any local 

area. 

b. Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. This rule would 

have only a slight effect on the costs of 

hunting and fishing opportunities for 

Americans. If the substitute sites are 

farther from the participants’ residences, 

then an increase in travel costs would 

occur. The Service does not have 

information to quantify this change in 

travel cost but assumes that, since most 

people travel less than 100 miles to hunt 

and fish, the increased travel cost would 

be small. We do not expect this rule to 

affect the supply or demand for fishing 

and hunting opportunities in the United 

States and, therefore, it should not affect 

prices for fishing and 0hunting 

equipment and supplies, or the retailers 

that sell equipment. 

c. Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States–based 

enterprises to compete with foreignbased enterprises. This rule represents 

only a small proportion of recreational 

spending at national wildlife refuges. 

Therefore, this rule would have no 

measurable economic effect on the 

wildlife-dependent industry, which has 

annual sales of equipment and travel 

expenditures of $72 billion nationwide. 

Unfunded Mandates Reform Act 

Since this rule would apply to public 

use of federally owned and managed 

refuges, it would not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rule would not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (E.O. 12630) 

In accordance with E.O. 12630, this 

rule would not have significant takings 

implications. This regulation would 

affect only visitors at national wildlife 

refuges and describe what they can do 

while they are on a refuge. 

Federalism (E.O. 13132) 

As discussed in the Regulatory 

Planning and Review and Unfunded 

Mandates Reform Act sections above, 

this rule would not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment 

under E.O. 13132. In preparing this rule, 

we worked with State governments. 

Civil Justice Reform (E.O. 12988) 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that the rule would not unduly burden 

the judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. The regulation would 

clarify established regulations and result 

in better understanding of the 

regulations by refuge visitors. 

Energy Supply, Distribution or Use 

(E.O. 13211) 

On May 18, 2001, the President issued 

E.O. 13211 on regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. Because this rule would 

make only minor changes to refuges 

open to hunting and fishing, it is not a 

significant regulatory action under E.O. 

12866 and is not expected to 

significantly affect energy supplies, 

distribution, and use. Therefore, this 

action is a not a significant energy 

action and no Statement of Energy 

Effects is required. 

Consultation and Coordination with 

Indian Tribal Governments (E.O. 

13175) 

In accordance with E.O. 13175, we 

have evaluated possible effects on 

federally recognized Indian tribes and 

have determined that there are no 

effects. We coordinate recreational use 

on national wildlife refuges with Tribal 

governments having adjoining or 

overlapping jurisdiction before we 

propose the regulations. 

Paperwork Reduction Act 

This regulation does not contain any 

information collection requirements 

other than those already approved by 

the Office of Management and Budget 

under the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.) (OMB Control 

Number is 1018-0102 and 1018-0140). 

See 50 CFR 25.23 for information 

concerning that approval. An agency 

may not conduct or sponsor and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. 

Endangered Species Act Section 7 

Consultation 

We comply with Section 7 of the ESA 

when developing Comprehensive 

Conservation Plans (CCPs) and stepdown management plans (which would 

include hunting and/or fishing plans) 

for public use of refuges, and prior to 

implementing any new or revised public 

recreation program on a refuge as 

identified in 50 CFR 26.32. 

National Environmental Policy Act 

We analyzed this rule in accordance 

with the criteria of the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4332(C)) and 516 

Departmental Manual (DM) 6, Appendix 

1. This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. An 


jlentini on DSKJ8SOYB1PROD with RULES2
45678 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

environmental impact statement/ 

assessment is not required. 

A categorical exclusion from NEPA 

documentation applies to publication of 

proposed amendments to refuge-specific 

hunting and fishing regulations since it 

is technical and procedural in nature, 

and the environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

(516 DM 2, Appendix 1.10). Concerning 

the actions that are the subject of this 

rulemaking, NEPA has been complied 

with at the project level where each 

proposal was developed. This is 

consistent with the Department of the 

Interior instructions for compliance 

with NEPA where actions are covered 

sufficiently by an earlier environmental 

document (516 DM 3.2A). 

Prior to the addition of a refuge to the 

list of areas open to hunting and fishing 

in 50 CFR part 32, we develop hunting 

and fishing plans for the affected 

refuges. We incorporate these proposed 

refuge hunting and fishing activities in 

the refuge CCPs and/or other step-down 

management plans, pursuant to our 

refuge planning guidance in 602 Fish 

and Wildlife Service Manual (FW) 1, 3, 

and 4. We prepare these CCPs and stepdown plans in compliance with section 

102(2)(C) of NEPA, and the Council on 

Environmental Quality’s regulations for 

implementing NEPA in 40 CFR parts 

1500–1508. We invite the affected 

public to participate in the review, 

development, and implementation of 

these plans. Copies of all plans and 

NEPA compliance are available from the 

refuges at the addresses provided below. 

Available Information for Specific 

Refuges 

Individual refuge headquarters retain 

information regarding public use 

programs and conditions that apply to 

their specific programs and maps of 

their respective areas. If the specific 

refuge you are interested in is not 

mentioned below, then contact the 

appropriate Regional offices listed 

below: 

Region 1—Hawaii, Idaho, Oregon, and 

Washington. Regional Chief, National 

Wildlife Refuge System, 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. Regional Chief, 

National Wildlife Refuge System, U.S. 

Fish and Wildlife Service, Box 1306, 

500 Gold Avenue, Albuquerque, New 

Mexico 87103; Telephone (505) 248- 

7419. 

Region 3—Illinois, Indiana, Iowa, 

Michigan, Minnesota, Missouri, Ohio, 

and Wisconsin. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 1 Federal Drive, 

Federal Building, Fort Snelling, Twin 

Cities, Minnesota 55111; Telephone 

(612) 713-5401. 

Region 4—Alabama, Arkansas, 

Florida, Georgia, Kentucky, Louisiana, 

Mississippi, North Carolina, Tennessee, 

South Carolina, Puerto Rico, and the 

Virgin Islands. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 1875 Century 

Boulevard, Atlanta, Georgia 30345; 

Telephone (404) 679-7166. 

Region 5—Connecticut, Delaware, 

District of Columbia, Maine, Maryland, 

Massachusetts, New Hampshire, New 

Jersey, New York, Pennsylvania, Rhode 

Island, Vermont, Virginia and West 

Virginia. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 300 Westgate Center 

Drive, Hadley, Massachusetts 01035- 

9589; Telephone (413) 253-8306. 

Region 6—Colorado, Kansas, 

Montana, Nebraska, North Dakota, 

South Dakota, Utah, and Wyoming. 

Regional Chief, National Wildlife Refuge 

System, U.S. Fish and Wildlife Service, 

134 Union Blvd., Lakewood, Colorado 

80228; Telephone (303) 236-8145. 

Region 7—Alaska. Regional Chief, 

National Wildlife Refuge System, U.S. 

Fish and Wildlife Service, 1011 E. 

Tudor Rd., Anchorage, Alaska 99503; 

Telephone (907) 786-3545. 

Region 8—California and Nevada. 

Regional Chief, National Wildlife Refuge 

System, U.S. Fish and Wildlife Service, 

2800 Cottage Way, Room W-2606, 

Sacramento, California 95825; 

Telephone (916) 414-6464. 

Primary Author 

Leslie A. Marler, Management 

Analyst, Division of Conservation 

Planning and Policy, National Wildlife 

Refuge System is the primary author of 

this rulemaking document. 

List of Subjects in 50 CFR Part 32 

Fishing, Hunting, Reporting and 

recordkeeping requirements, Wildlife, 

Wildlife refuges. 

For the reasons set forth in the 

preamble, we amend title 50, chapter I, 

subchapter C of the Code of Federal 

Regulations as follows: 

PART 32—[AMENDED] 

■ 1. The authority citation for part 32 

continues to read as follows: 

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 

664, 668dd-668ee, and 715i. 

■ 2. Amend §32.8, ‘‘Areas closed to 

hunting.’’, by removing the entries dated 

‘‘October 2, 1958,’’ under the States of 

Iowa, Minnesota, and Wisconsin. 

■ 3. Amend §32.20 Alabama by: 

■ a. Adding paragraphs B.6. and B.7., 

removing paragraph C.3., redesignating 

paragraphs C.4. through C.7. as 

paragraphs C.3. through C.6., revising 

newly redesignated paragraph C.6, and 

adding paragraphs C.7. and C.8. of 

Cahaba River National Wildlife Refuge; 

■ b. Adding paragraph B.11., revising 

paragraph C.1., removing paragraphs 

C.4., C.6., and C.7., and redesignating 

paragraph C.5. as paragraph C.4. of 

Choctaw National Wildlife Refuge; 

■ c. Revising paragraph A.3., adding 

paragraph B.6., and revising paragraph 

C.6. of Eufaula National Wildlife Refuge; 

and 

■ d. Revising paragraphs A., B.1., and 

C.1. and adding paragraph C.4. of 

Mountain Longleaf National Wildlife 

Refuge to read as follows: 

§ 32.20 Alabama. 

* * * * * 

Cahaba River National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

6. All youth hunters age 15 and 

younger must remain within sight and 

normal voice contact of an adult age 21 

or older, possessing a valid hunting 

license. Youth hunters must have 

passed a State-approved hunter 

education course. One adult may 

supervise no more than two youths. 

7. We prohibit marking trees and the 

use of flagging tape, reflective tacks, and 

other similar marking devices (see 

§32.2(i)). 

C. Big Game Hunting. * * * 

6. Conditions B2, B3, and B8 apply. 

7. All youth hunters age 15 and 

younger must remain within sight and 

normal voice contact of an adult age 21 

or older, possessing a valid hunting 

license. Youth hunters must have 

passed a State-approved hunter 

education course. One adult may 

supervise no more than one youth. 

8. We prohibit participation in 

organized drives. 

* * * * * 

Choctaw National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

11. We prohibit the use of mules, 

horses, and ATVs on all refuge hunts. 

C. Big Game Hunting. * * * 

1. Conditions B1 through B8 and B11 

apply. 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45679 

Eufaula National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

3. We allow goose and duck hunting 

by permit only in the Kennedy and 

Bradley Units on selected days until 12 

p.m. (noon) during State waterfowl 

seasons. We close all other areas within 

the refuge to waterfowl hunting. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

6. You may possess only approved 

nontoxic shotshells while in the field 

(see §32.2(k)). 

C. Big Game Hunting. * * * 

* * * * * 

6. We prohibit damaging trees or 

hunting from a tree that contains an 

inserted metal object (see §32.2(i)). 

Hunters must remove tree stands from 

the refuge each day (see §27.93 of this 

chapter). 

* * * * * 

Mountain Longleaf National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of woodcock on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. You must possess and carry a 

signed refuge hunt permit while 

hunting. 

2. We prohibit marking trees and the 

use of flagging tape, reflective tacks, and 

other similar marking devices (see 

§27.61 of this chapter). 

3. All youth hunters age 15 and 

younger must remain within sight and 

normal voice contact of an adult age 21 

or older, possessing a valid hunting 

license. Youth hunters must have 

passed a State-approved hunter 

education course. One adult may 

supervise no more than two youths. 

4. We prohibit the use of horses, 

mules, and ATVs on all refuge hunts. 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A5 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1 through A3 and A5 

apply. 

* * * * * 

4. All youth hunters age 15 and 

younger must remain within sight and 

normal voice contact of an adult age 21 

or older, possessing a valid State 

hunting license. Youth hunters must 

have passed a State-approved hunter 

education course. One adult may 

supervise no more than one youth. 

5. We require tree stand users to use 

a safety belt or harness. 

* * * * * 

■ 4. Amend §32.22 Arizona by revising 

paragraph A.1., adding paragraphs A.8 

through A.11., revising paragraphs B.1., 

C.1., and C.2., and adding paragraph 

D.5. of Bill Williams River National 

Wildlife Refuge to read as follows: 

§ 32.22 Arizona. 

* * * * * 

Bill Williams River National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. We allow only shotguns for 

hunting. We limit all shotguns to a 

maximum three-shell capacity, unless it 

is plugged with a one-piece filler, 

incapable of removal without 

disassembling the gun, so its total 

capacity does not exceed three shells 

(see §20.21(b) of this chapter). 

* * * * * 

8. Anyone for hire to assist or guide 

a hunter or angler must first obtain, 

possess, and carry a valid Special Use 

Permit issued by the refuge manager. 

9. We prohibit the construction or use 

of any pits, permanent blinds, or other 

structures (see §27.92 of this chapter). 

10. Hunters must remove all personal 

items from the refuge at the end of each 

day’s activity, i.e., boats, equipment, 

cameras, temporary blinds, stands, etc. 

(see §27.93 of this chapter). 

11. Hunters must report accidents 

involving property damage or personal 

injury to the refuge manager or 

authorized Service personnel (see 

§25.72 of this chapter). 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A11 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A3 and A5 through A11 

apply. 

2. We only allow hunting on the 

refuge in those areas south of the Bill 

Williams River Road and east of Arizona 

State Rt. 95 plus the south half of 

Section 35, T.11N, R 17W as posted. 

Exceptions: Arizona Wildlife 

Management Areas 16A and 44A. 

D. Sport Fishing. * * * 

* * * * * 

5. Conditions A3 and A7 through A11 

apply. 

* * * * * 

■ 5. Revising §32.23 Arkansas by: 

■ a. Revising paragraphs B.3. and B.4. of 

Bald Knob National Wildlife Refuge; 

■ b. Revising paragraphs B.2. and B.3. of 

Cache River National Wildlife Refuge; 

■ c. Revising paragraphs A.1. and A.11., 

and adding paragraphs A.22. through 

A.25. of Felsenthal National Wildlife 

Refuge; 

■ d. Revising paragraphs A.1. and A.11. 

and adding paragraphs A.21. through 

A.24. of Overflow National Wildlife 

Refuge; 

■ e. Revising paragraphs A.1., A.3., A.7., 

A.10., A.12., A.14., A.16., and A.17., 

adding paragraphs A.20. through A.24., 

revising paragraphs B.2., B.3., B.5., C.2., 

C.4., C.8., C.12., C.15., adding 

paragraphs C.17. and C.18., and revising 

paragraph D.2. of Pond Creek National 

Wildlife Refuge; and 

■ f. Revising paragraphs A.8. through 

A.10., A.14., adding paragraph A.17., 

and revising paragraphs B.8., C.2. 

through C.4., C.8., C.17., C.22., removing 

paragraph D.8., redesignating 

paragraphs D.9. through D.11. as 

paragraphs D.8. through D.10., and 

revising newly redesignated paragraphs 

D.8. and D.10. of White River National 

Wildlife Refuge to read as follows: 

§ 32.23 Arkansas. 

* * * * * 

Bald Knob National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

3. We allow fall squirrel hunting in 

accordance with the State season on the 

Mingo Creek Unit and on the Farm Unit, 

except for season closure on the Farm 

Unit during the Gun Deer Hunt. We 

prohibit dogs, except for the period of 

December 15 through February 28. We 

do not open for the spring squirrel 

season. 

4. We allow rabbit hunting in 

accordance with the State season on the 

Mingo Creek Unit and on the Farm Unit, 

except for season closure on the Farm 

Unit during the Gun Deer Hunt. We 

prohibit dogs, except for the period of 

December 15 through February 28. 

* * * * * 

Cache River National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. Fall squirrel season corresponds 

with the State season on all refuge hunt 

units except for refugewide season 

closure during the Gun Deer Hunt. We 

prohibit dogs, except for the period of 

December 15 through February 28. We 

do not open for the spring squirrel 

season. 

3. Rabbit season corresponds with the 

State season on all refuge hunt units 

except for refugewide season closure 

during the Gun Deer Hunt. We prohibit 

dogs, except for the period of December 

15 through February 28. 

* * * * * 

Felsenthal National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 


jlentini on DSKJ8SOYB1PROD with RULES2
45680 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

1. We allow hunting of duck, goose, 

and coot during the State duck season 

except during scheduled quota refuge 

Gun Deer Hunts. We allow hunting of 

woodcock during the State season. Dates 

for quota deer hunts are typically in 

November, and we publish them 

annually in the refuge hunt brochure. 

We are open for the September teal 

season. 

* * * * * 

11. Hunters under age 16 do not need 

to have a hunter education card if they 

are under the direct supervision (within 

arm’s reach) of a holder of a valid 

hunting license at least age 21. 

* * * * * 

22. We prohibit hunting with the aid 

of bait, salt, or any ingestible attractant 

(see §32.2(h)). 

23. We prohibit hunting from a tree in 

which a metal object has been driven to 

support a hunter (see §32.2(i)). 

24. If you harvest a deer or turkey on 

the refuge, you must immediately record 

the zone 220 on your deer/turkey tag as 

the zone of kill. 

25. We prohibit the taking of wildlife 

or plants (including cutting trees or 

brush) other than specified in the hunt 

brochure (see §27.51 of this chapter). 

* * * * * 

Overflow National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. We allow hunting of duck, goose, 

and coot during the State duck season. 

We allow hunting of woodcock during 

the State season. The September teal 

season is closed. 

* * * * * 

11. Hunters under age 16 do not need 

to have a hunter education card if they 

are under the direct supervision (within 

arm’s reach) of a holder of a valid 

hunting license who is at least age 21. 

* * * * * 

21. We prohibit hunting with the aid 

of bait, salt, or any ingestible attractant 

(see §32.2(h)). 

22. We prohibit hunting from a tree in 

which a metal object has been driven to 

support a hunter (see §32.2(i)). 

23. If you harvest a deer or turkey on 

the refuge, you must immediately record 

the zone 490 on your deer/turkey tag as 

the zone of kill. 

24. We prohibit the taking of wildlife 

or plants (including cutting trees or 

brush) other than specified in this 

brochure (see §27.51 of this chapter). 

* * * * * 

Pond Creek National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. We allow hunting of migratory 

game birds during the State duck 

seasons, except we close during 

scheduled quota refuge Gun Deer Hunts. 

Dates for quota deer hunts are typically 

in November, and we publish them 

annually in the refuge hunt brochure. 

We are open for the September teal 

season. 

* * * * * 

3. We only allow portable blinds. 

Hunters must remove from the hunt area 

each day all duck hunting equipment, 

including blinds, decoys, and boats (see 

§27.93 of this chapter). 

* * * * * 

7. We prohibit marking trails with 

material other than biodegradable paper, 

flagging, or reflective tape/tacks. 

* * * * * 

10. Hunters under age 16 do not need 

to have a hunter education card if they 

are under the direct supervision (within 

arm’s reach) of a holder of a valid 

hunting license who is at least age 21. 

An adult age 21 or older must supervise 

youth hunters under age 16 who have a 

valid Hunter Education Card, and youth 

hunters must remain in sight and 

normal voice contact with the adult. 

One adult may supervise no more than 

two youth hunters for any hunting 

season. 

* * * * * 

12. We prohibit hunting within 150 

feet (45 m) of roads and trails (see 

§27.31 of this chapter) open to motor 

vehicle use (including ATV and 

designated hiking trails). 

* * * * * 

14. We allow only camping at 

designated primitive campground sites 

identified in the refuge hunt brochure. 

We restrict camping to the individuals 

involved in refuge wildlife-dependent 

activities. Campers may stay no more 

than 14 days during any consecutive 

30–day period in a campground and 

must occupy the camps daily. We 

prohibit all disturbances, including use 

of generators, after 10 p.m. We allow no 

more than three portable stands per 

person. 

* * * * * 

16. We prohibit blocking of gates, boat 

ramps, or roadways (see §27.31(h) of 

this chapter). 

17. We allow the use of retriever dogs 

during State waterfowl seasons. 

* * * * * 

20. We prohibit possession, 

placement, or hunting over bait, salt, or 

any other ingestible attractant (see 

§32.2(h)). 

21. We prohibit the use of an artificial 

light to locate wildlife (exception: 

raccoon/opossum hunting with dogs). 

22. We prohibit taking of wildlife or 

plants (including cutting trees or brush) 

other than what we allow in the refuge 

brochure (see §27.51 of this chapter). 

23. We prohibit placement of metal 

objects (screw, nail, spike, etc.) into a 

tree to support a hunter or hunting from 

a tree with such metal objects placed 

(see §32.2(i)). 

24. We prohibit possessing, using, or 

leaving any tree stand, game camera, or 

boat on the refuge without the owner’s 

name and address affixed in a 

conspicuous manner. 

B. Upland Game Hunting. * * * 

* * * * * 

2. We do not open for spring squirrel 

season and summer/fall raccoon season. 

3. Conditions A4 through A16 and 

A19 through A24 apply. 

* * * * * 

5. We allow use of dogs for squirrel, 

rabbit, raccoon, and opossum hunting 

during the State raccoon/opossum 

hunting season. At other times you must 

keep dogs and other pets on a leash or 

confined (see §26.21(b) of this chapter). 

C. Big Game Hunting. * * * 

* * * * * 

2. Conditions A4 through A16 and 

A19 through A24 apply. 

* * * * * 

4. We allow muzzleloader deer 

hunting during the October State 

muzzleloader season for this deer 

management zone. The bag limit is one 

buck and one doe. Hunters must take 

and check-in a doe before taking a buck. 

* * * * * 

8. You must check all deer taken 

during the quota gun deer and 

muzzleloader hunts at the refuge deer 

check station on the same day of kill. 

You must keep carcasses of deer taken 

intact (you may remove entrails) until 

checked. 

* * * * * 

12. The refuge will conduct one 2– 

day, youth-only (age 15 and younger at 

the beginning of the spring turkey 

season) quota spring turkey hunt and 

one 3–day quota spring turkey hunt 

(typically in April). Specific hunt dates 

and application procedures will be 

available in January. We restrict hunt 

participants on these hunts to those 

drawn for a quota permit, except that 

during the youth hunt, a nonhunting 

adult age 21 or older must accompany 

the youth hunter. The limit is one 

bearded turkey. 

* * * * * 

15. One adult may supervise no more 

than one youth during big game hunts. 

* * * * * 

17. We prohibit deer drives. 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45681 

18. We prohibit all public use, except 

fishing and access for fishing, during 

quota hunts. 

D. Sport Fishing. * * * 

* * * * * 

2. Conditions A4 through A16 and 

A18 through A24 apply. 

* * * * * 

White River National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

8. Waterfowl hunters may enter and 

access the refuge no earlier than 4 a.m. 

9. The following refuge users (age 16 

or older) must sign and possess and 

carry a refuge general user permit: 

hunters, anglers, campers, and ATV 

users. 

10. We prohibit boating December 1 

through January 31 in the South Unit 

Waterfowl Hunt Area, except from 4 

a.m. to 1 p.m. on designated hunt days. 

* * * * * 

14. We prohibit waterfowl hunting on 

Kansas Lake Area (indicated in user 

permit). 

* * * * * 

17. We allow the use of ATVs only on 

yellow-marked trails throughout the 

refuge, unless marked otherwise. We 

prohibit the use of ATVs after December 

15 each year in designated South Unit 

areas (see user permit for areas). 

B. Upland Game Hunting. * * * 

* * * * * 

8. We allow spring squirrel hunting 

on the North Unit with the concurrent 

State spring season dates. 

C. Big Game Hunting. * * * 

* * * * * 

2. Archery deer and turkey seasons on 

the North Unit will begin with the 

concurrent State archery season and end 

January 31. (Kansas Lake Area Closed 

after November 30) 

3. Archery deer and turkey seasons on 

the South Unit will begin with the 

concurrent State archery season and end 

December 31. 

4. The user permit dictates the 

modern gun quota deer season dates 

each year for the North and South Units. 

We require a quota permit. You may 

take one deer of either sex. 

* * * * * 

8. We allow muzzleloader hunting on 

the North Unit for 4 consecutive days 

following the 3–day muzzleloader quota 

hunt. We allow take of only one buck. 

* * * * * 

17. We prohibit distribution of bait or 

hunting with the aid of bait, salt, or 

ingestible attractant (see §32.2(h)). 

* * * * * 

22. We prohibit leaving a hunt stand 

after February 7 (one week after the end 

of the season). 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

8. We allow commercial fishing on all 

refuge waters from 12:00 p.m. (noon) 

September 30 through 12:00 p.m. (noon) 

November 30. However, when the White 

River exceeds 23.5 feet (7 m) at the St. 

Charles, Arkansas gauge or 146 msl 

(mean sea level) at the tailwater gauge 

at Lock and Dam #1 on the Arkansas 

Post Canal, we allow commercial fishing 

on all refuge waters from 12:00 p.m. 

(noon) March 1 through 12:00 p.m. 

(noon) September 30. 

* * * * * 

10. Anglers must reset trotlines when 

receding water levels expose them. 

Anglers must display their name and 

address on a tag on each line. 

■ 6. Amend §32.24 California by: 

■ a. Revising paragraphs A.1., A.6. 

through A.8., removing paragraph A.10., 

and redesignating paragraphs A.11. and 

A.12. as paragraphs A.10. and A.11. of 

Humboldt Bay National Wildlife Refuge; 

and 

■ b. Revising paragraphs A.6., A9., 

A.11., B.2., C.1., C.3., and D.2. of 

Sacramento River National Wildlife 

Refuge to read as follows: 

§ 32.24 California. 

* * * * * 

Humboldt Bay National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. We require adults age 18 or older 

to accompany youth hunters under age 

16. No more than three youth hunters 

may accompany one adult hunter. 

* * * * * 

6. We require hunters to keep dogs 

inside vehicles, or on a leash, except 

when using them for authorized hunting 

purposes (see §26.21(b) of this chapter). 

7. On the Salmon Creek Unit, we 

allow hunting on Tuesdays and 

Saturdays (except Federal holidays), 

and hunters must possess and carry a 

valid daily refuge permit. We issue 

refuge permits prior to each hunt by 

random drawing conducted at the check 

station 11⁄2; hours before legal shooting 

time. Shooting time ends at 3 p.m. 

Hunters drawn for a blind must 

completely fill out a Refuge Hunt 

Permit, which includes a ‘‘Record of 

Harvest’’ section. Each hunter must 

possess and carry the Refuge Hunt 

Permit/Record of Harvest document 

while on the refuge and turn in a 

complete Record of Harvest at the check 

station before leaving the hunt area. 

8. On the Salmon Creek Unit, you 

may possess only approved nontoxic 

shotshells (see §32.2(k)) in quantities of 

25 or less per hunter, per day. 

* * * * * 

Sacramento River National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

6. Access to the hunt area on all units 

open to public hunting is by boat only, 

except on Sul Norte Unit, Drumheller, 

and Drumheller North, which are 

accessible by foot traffic or boat. We 

prohibit bicycles or other conveyances. 

Mobility-impaired hunters should 

consult with the refuge manager for 

allowed conveyances. 

* * * * * 

9. We open the refuge for day-use 

access from 11⁄2 hours before legal 

sunrise until 11⁄2 hours after legal 

sunset. We allow access during other 

hours on gravel bars only (see condition 

A8). 

* * * * * 

11. We prohibit permanent blinds. 

You must remove all personal property, 

including decoys and boats, by 11⁄2

hours after legal sunset (see §§27.93 and 

27.94 of this chapter). 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. Conditions A3 through A12 apply. 

C. Big Game Hunting. * * * 

1. Conditions A4 through A12, and B1 

apply. 

* * * * * 

3. You must remove all personal 

property, including stands, from the 

refuge by 11⁄2 hours after legal sunset 

(see §§27.93 and 27.94 of this chapter). 

D. Sport Fishing. * * * 

* * * * * 

2. On Packer Lake, due to primitive 

access, we allow only boats up to 14 feet 

(4.2 m) and canoes. We allow electric 

motors only. 

* * * * * 

■ 7. Amend §32.27 Delaware by revising 

Prime Hook National Wildlife Refuge to 

read as follows: 

§ 32.27 Delaware. 

* * * * * 

Prime Hook National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of waterfowl, coot, 

mourning dove, snipe, and woodcock 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require daily permits and fees. 

The permits are nontransferable. 


jlentini on DSKJ8SOYB1PROD with RULES2
45682 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

Consult with the refuge manager for 

details on permit conditions. 

2. For all refuge hunts, a hunting or 

nonhunting adult age 18 or older must 

accompany a permitted juvenile age 17 

or under. 

3. Hunters may take waterfowl and 

coot on the Waterfowl Hunting Area 

only as designated on brochures 

available from the refuge manager. 

4. The refuge is open to hunting of 

waterfowl and coot on Mondays, 

Wednesdays, Fridays, and Saturdays 

throughout the State waterfowl hunting 

seasons from 1⁄2 hour before legal 

sunrise until 3 p.m. Consult the refuge 

manager for dates when we close to 

hunting or have limited hunts. 

5. Access to the Waterfowl Hunting 

Area is by boat only and hunters must 

use designated launching sites to launch 

their boats. 

6. We prohibit the use of air-thrust 

and inboard water-thrust boats on all 

waters within the refuge boundaries. We 

allow a maximum horsepower of 30 HP. 

7. We allow waterfowl hunting from 

designated blind sites only. We allow a 

maximum of three people per blind. 

8. Hunters may take mourning dove, 

snipe, and woodcock only on the 

upland game hunting areas as shown on 

brochures available from the refuge 

manager. 

B. Upland Game Hunting. We allow 

hunting of pheasant, rabbit, and quail 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 and A2 apply. 

2. Hunters may take pheasant, rabbit, 

and quail only on designated upland 

game hunting areas as shown on 

brochures available from the refuge 

manager. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 and A2 apply. 

2. Hunters may take white-tailed deer 

only on designated deer hunting areas 

as shown on brochures available from 

the refuge manager. 

3. Deer hunting during firearms 

seasons must be from designated stands 

only, unless actively tracking or 

retrieving wounded deer. We allow 

hunters to hunt from portable stands 

during archery hunts in all designated 

areas and during firearms hunts in the 

Slaughter Canal Area only. Tree stands 

must be portable, temporary in design, 

and completely removed at the end of 

each day. The Service is not responsible 

for any stands left overnight. 

4. All persons in firearms hunting 

areas must display a minimum of 400 

total square inches (2,600 cm2) of solidblaze-orange material on their head, 

chest, and back. Blaze-orange 

camouflage is not acceptable. This 

includes hunters who are archery 

hunting on the refuge during days that 

coincide with State firearms hunt dates 

for deer. 

5. Hunters may use or possess slugs 

only during designated shotgun seasons. 

6. Each permitted hunter has a season 

limit of only one antlered deer on the 

refuge. 

D. Sport Fishing. We allow fishing 

and crabbing on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow fishing and launching of 

boats on designated areas as shown on 

brochures available from the refuge 

manager. 

2. The refuge is open from 1⁄2 hour 

before legal sunrise to 1⁄2 hour after legal 

sunset. All boats must be off the water 

at legal sunset. 

3. Anglers using boats on Turkle and 

Fleetwood Ponds may propel them 

manually or with electric motors only. 

4. We prohibit the use of air-thrust 

and inboard water-thrust boats on all 

waters within the refuge boundaries. We 

allow a maximum of 30HP on Prime 

Hook Creek. 

■ 8. Amend §32.28 Florida by: 

■ a. Revising paragraphs A.2., A.3., A.5., 

A.6., and A.13. of Arthur R. Marshall 

Loxahatchee National Wildlife Refuge; 

■ b. Revising paragraph D.5. of Hobe 

Sound National Wildlife Refuge; 

■ c. Revising paragraph B.2. and 

removing B.4. of Lower Suwannee 

National Wildlife Refuge; 

■ d. Adding paragraph A.14. of Merritt 

Island National Wildlife Refuge; 

■ e. Adding paragraph A.5. and revising 

paragraphs D.5. and D.7. of St. Marks 

National Wildlife Refuge; and 

■ f. Revising paragraphs C.2., C.9., and 

C.19.iii. of St. Vincent National Wildlife 

Refuge to read as follows: 

§ 32.28 Florida. 

* * * * * 

Arthur R. Marshall Loxahatchee 

National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

2. We allow hunting in the interior of 

the refuge south of latitude line 

26.27.130 and north of mile markers 12 

and 14. We prohibit hunting from canals 

or levees and those areas posted as 

closed. 

3. Consult the refuge manager for 

current waterfowl season dates and 

times. 

* * * * * 

5. We allow hunting on the refuge 

from 1⁄2 hour before legal sunrise to 1 

p.m. Hunters may enter the refuge no 

earlier than 4 a.m. and must be off the 

refuge by 3 p.m. 

6. Hunters may enter and leave the 

refuge at the Headquarters Area 

(Boynton Beach), the Hillsboro Area 

(Boca Raton), and the 20 Mile Bend 

Area (West Palm Beach). 

* * * * * 

13. We only allow boats equipped 

with outboards or electric motors and 

nonmotorized boats. We prohibit 

airboats, hovercraft, and personal 

watercraft (Go Devils, Jet Skis, jet boats, 

and Wave Runners). All boats operating 

within the hunt area must fly a 12 inch 

by 12 inch (30 cm x 30 cm) orange flag, 

10 feet (3 m) above the vessel’s 

waterline. 

* * * * * 

Hobe Sound National Wildlife Refuge 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

5. We allow only two poles per angler, 

and anglers must attend those poles at 

all times in conjunction with the Martin 

County, Florida, two-pole ordinance. 

* * * * * 

Lower Suwannee National Wildlife 

Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. The refuge upland game hunting 

season opens on the Monday after the 

refuge limited hog hunt closes and ends 

on February 28. 

* * * * * 

Merritt Island National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

14. Hunters may not use or possess 

more than 25 shells per day. 

* * * * * 

St. Marks National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

5. We prohibit migratory game bird 

hunting in the Executive Closure area 

on the refuge. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45683 

5. We allow use of hand-launched 

boats on impoundments on the St. 

Marks Unit from March 15 through 

October 15 each year. We prohibit 

launching of boats from trailers in the 

impoundments in the St. Marks Unit. 

* * * * * 

7. We prohibit use of cast nets and 

traps to take fish from any lake, pond, 

or impoundment on the refuge. 

* * * * * 

St. Vincent National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. We restrict hunting to three hunt 

periods: Sambar deer, raccoon, and feral 

hog – November 17-19; and white-tailed 

deer, raccoon, and feral hog – December 

15-17 and January 5-7. Hunters may 

check-in and set up camp sites and 

stands on November 16, December 14, 

and January 4. Hunters must leave the 

island and remove all equipment by 4 

p.m. on the last day of the hunt. 

* * * * * 

9. You may retrieve game from the 

closed areas only if accompanied by a 

refuge staff member. 

* * * * * 

* * 

iii. Primitive weapons hunt – one 

white-tailed deer buck having one or 

more forked antlers at least 5 inches 

(12.5 cm) in length visible above the 

hairline with points greater than 1 inch 

(12.5 cm) in length; we issue a limited 

number of either-sex permits. If you 

have an either-sex permit, the bag limit 

is one deer that may be antlerless or a 

buck with legal antler configuration. 

There is no limit on feral hog or 

raccoon. 

* * * * * 

■ 9. Amend §32.29 Georgia by: 

■ a. Removing paragraph C.5. and 

redesignating paragraphs C.6. through 

C.19. as paragraphs C.5. through C.18. of 

Blackbeard Island National Wildlife 

Refuge; 

■ b. Revising paragraph C.2., removing 

paragraph C.3., redesignating 

paragraphs C.4. through C.22. as 

paragraphs C.3. through C.21., revising 

newly redesignated paragraph C. 18., 

and adding paragraph C.22. of Bond 

Swamp National Wildlife Refuge; 

■ c. Revising paragraphs C.9. and C.12. 

of Harris Neck National Wildlife Refuge; 

■ d. Revising paragraph D.4. of 

Piedmont National Wildlife Refuge; 

■ e. Revising paragraphs A.1., C.3., C.5., 

C.10., and adding paragraph C.11. of 

Savannah National Wildlife Refuge; and 

■ f. Revising paragraphs C.8. and C.9. of 

Wassaw National Wildlife Refuge to 

read as follows: 

§ 32.29 Georgia. 

* * * * * 

Bond Swamp National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. We require you to possess and carry 

a signed refuge hunt permit while 

hunting. You may obtain this permit 

from the refuge office. 

* * * * * 

18. We prohibit ATVs on the refuge 

except by disabled hunters with a refuge 

Special Use Permit. 

* * * * * 

22. Firearm hunting for feral hogs 

follows State of Georgia deer firearms 

restrictions except we prohibit 

possession or use of buckshot. 

* * * * * 

Harris Neck National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

9. During the archery hunt, we only 

allow bows. We prohibit crossbows (see 

§27.43 of this chapter). 

* * * * * 

12. During the gun hunt, we only 

allow shotguns with slugs 20 gauge or 

larger and bows. We prohibit crossbows 

(see §27.43 of this chapter). 

* * * * * 

Piedmont National Wildlife Refuge 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

4. We allow nonmotorized boats on 

all ponds designated as open to fishing. 

We allow boats with electric motors 

only in Pond 2A and Allison Lake. 

* * * * * 

Savannah National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. You must possess and carry a 

signed refuge permit at all times while 

hunting on the refuge. We require a fee 

only for the quota youth waterfowl hunt 

on the Solomon Tract. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

3. We only allow bows for deer and 

hog hunting during the archery hunt. 

We prohibit crossbows (see §27.43 of 

this chapter). 

* * * * * 

5. We only allow shotguns with slugs, 

muzzleloaders, and bows for deer and 

hog hunting throughout the designated 

hunt area during the November gun 

hunt and the March hog hunt. 

* * * * * 

10. We only allow shotguns with #2 

shot or smaller and bows for turkey 

hunting in accordance with State 

regulations. We prohibit possession or 

use of slugs or buckshot during turkey 

hunts. We prohibit crossbows (see 

§27.43 of this chapter). 

11. You must remove hunt stands 

daily (see §27.93 of this chapter). 

* * * * * 

Wassaw National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

8. We only allow bows and 

muzzleloading rifles during the 

primitive weapons hunt. We prohibit 

crossbows (see §27.43 of this chapter). 

9. We only allow shotguns of 20-gauge 

or larger (slugs only), centerfire rifles of 

.22 caliber or larger, bows, and primitive 

weapons during the gun hunt. We 

prohibit crossbows (see §27.43 of this 

chapter). 

* * * * * 

■ 10. Amend §32.31 Idaho by: 

■ a. Revising paragraph A.2. of Bear 

Lake National Wildlife Refuge; 

■ b. Removing paragraph A.3., 

redesignating paragraph A.4. as 

paragraph A.3., and removing paragraph 

B.2. of Camas National Wildlife Refuge; 

■ c. Revising the introductory text of 

paragraph A., and revising paragraphs 

A.1., A.2., A.4., A.5., B., C., and D. of 

Kootenai National Wildlife Refuge; and 

■ d. Revising the introductory text of 

paragraph D., revising paragraph D.3., 

and removing paragraph D.4. of 

Minidoka National Wildlife Refuge to 

read as follows: 

§ 32.31 Idaho. 

* * * * * 

Bear Lake National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

2. We allow nonmotorized and 

motorized boats after September 20 

within the designated refuge hunting 

areas. 

* * * * * 

Kootenai National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, and coot 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunting only on 

Tuesdays, Thursdays, Saturdays, and 

Sundays. 


jlentini on DSKJ8SOYB1PROD with RULES2
45684 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

2. You may possess only approved 

nontoxic shotshells (see §32.2(k)) in 

quantities of 25 or less per day. 

* * * * * 

4. On waterfowl hunt days, we allow 

public entry onto the refuge from 3:00 

a.m. until 1 hour after legal sunset. 

5. We prohibit overnight vehicle 

parking on the refuge. 

B. Upland Game Hunting. We allow 

hunting of forest grouse on that portion 

of the refuge which lies west of 

Westside Road and west of Lion’s Den 

Road in accordance with State 

regulations subject to the following 

condition: You may possess only 

approved nontoxic shotshells (see 

§32.2(k)) while in the field. 

C. Big Game Hunting. We allow 

hunting of deer, elk, black bear, moose, 

and mountain lion on that portion of the 

refuge which lies west of Westside Road 

and west of Lion’s Den Road in 

accordance with State regulations. 

D. Sport Fishing. We allow sport 

fishing on Myrtle Creek in accordance 

with State regulations subject to the 

following conditions: 

1. We allow bank fishing only. 

2. We prohibit fishing from boats, 

float tubes, or other personal flotation 

devices. 

Minidoka National Wildlife Refuge 

* * * * * 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

* * * * * 

3. We allow bank and float-tube 

fishing year-round, throughout all of 

Lake Walcott. 

■ 11. Amend §32.35 Kansas by revising 

paragraph A.9., adding paragraphs A.11. 

and A.12., revising the introductory text 

of paragraph B., revising paragraphs B.2. 

and B.5., adding paragraph B.6., revising 

paragraphs C.2., C.7., and C.9., adding 

paragraph C.10., and revising 

paragraphs D.4., D.7. and D.9. of Kirwin 

National Wildlife Refuge to read as 

follows: 

§ 32.35 Kansas. 

* * * * * 

Kirwin National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

9. We prohibit the use of ATVs (allterrain vehicle), OHVs (off-highway 

vehicle), NHVs (nonhighway vehicle), 

or snowmobiles on the refuge (see 

§27.31(f) of this chapter). 

* * * * * 

11. We prohibit overnight camping on 

the refuge. 

12. We prohibit open fires on the 

refuge. 

B. Upland Game Hunting. We allow 

hunting of pheasant, quail, prairie 

chicken, fox squirrel, cottontail rabbit, 

and turkey on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

* * * * * 

2. In addition to pheasant, we allow 

hunting of fox squirrel and cottontail 

rabbit only during pheasant season. 

* * * * * 

5. We prohibit retrieval of turkey from 

an area closed to turkey hunting. 

6. Conditions A8 through A12 apply. 

C. Big Game Hunting. * * * 

* * * * * 

2. You must obtain a refuge-issued 

permit to hunt deer on the refuge. You 

must sign and carry the permit in the 

field while hunting. 

* * * * * 

7. We prohibit retrieving deer from an 

area closed to deer hunting. 

* * * * * 

9. We prohibit the use of nails, wires, 

screws, or bolts to attach a stand to a 

tree or hunting from a tree into which 

a metal object has been driven (see 

§32.2(i)). 

10. Conditions A8 through A12 apply. 

D. Sport Fishing. * * * 

* * * * * 

4. We allow motorless boats in the 

Solomon Arm of Kirwin Reservoir from 

August 1 through September 30. 

* * * * * 

7. We prohibit fishing tournaments on 

the refuge. 

* * * * * 

9. Conditions A8 through A12 apply. 

* * * * * 

■ 12. Amend §32.36 Kentucky by 

revising paragraphs A.2., A.6., A.15., 

A.17., A.17.v., and adding paragraph 

D.2. of Clarks River National Wildlife 

Refuge to read as follows: 

§ 32.36 Kentucky. 

* * * * * 

Clarks River National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

2. We prohibit the use of motorized 

off-road vehicles (e.g., ATVs) and any 

unlicensed vehicles on the refuge (see 

§27.31(f) of this chapter). 

* * * * * 

6. To retrieve or track game from a 

posted closed area of the refuge, the 

hunter must first receive authorization 

from the refuge manager at 270-527- 

5770 or the law enforcement officer at 

270-702-2836. 

* * * * * 

15. Waterfowl hunters must remove 

decoys, blinds, boats, and all other 

equipment (see §27.93 of this chapter) 

and be out of the field daily by 2 p.m. 

* * * * * 

17. We only allow waterfowl hunting 

on the Sharpe-Elva Water Management 

Units on specified Saturdays and 

Sundays during the State waterfowl 

season. We only allow hunting by 

individuals in possession of a refuge 

draw permit and their guests. State 

regulations and the following conditions 

apply: 

* * * * * 

v. We prohibit watercraft on the 

Sharpe-Elva Water Management Units, 

except for drawn permit holders to 

access their blinds and retrieve downed 

birds as needed. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

2. The following apply to the 

Environmental Education and 

Recreation Area (EERA). 

i. The EERA is a day-use area only. 

ii. We only allow one rod and reel or 

pole and line for fishing per person. 

iii. We prohibit the use of any type of 

watercraft. 

iv. We prohibit the introduction or 

stocking of any species (see §27.52 of 

this chapter). 

v. We prohibit the use of live fish for 

bait. 

vi. We close designated portions of 

the EERA to all entry from November 1 

to March 15. 

vii. We allow the taking of largemouth 

bass, channel catfish, and bluegill in 

accordance with posted limits. 

* * * * * 

■ 13. Amend §32.37 Louisiana by: 

■ a. Revising paragraphs A.6., A.9., 

A.10., removing paragraph A.14., 

redesignating paragraphs A.15. and 

A.16. as paragraphs A.14. and A.15., 

revising newly redesignated paragraph 

A.14., revising paragraphs B.1., B.2., 

B.5., and C.1., removing paragraph C.4., 

redesignating paragraphs C.5. through 

C.13. as paragraphs C.4. through C.12., 

revising newly redesignated paragraphs 

C.5., C.8., and C.11., and adding 

paragraph D.6. of Bayou Cocodrie 

National Wildlife Refuge; 

■ b. Revising paragraphs A.10, B.2., 

B.3., and C.8. of Big Branch Marsh 

National Wildlife Refuge; 

■ c. Revising paragraph B.4., the 

introductory text of paragraph C., 

revising paragraph C.1., removing 

paragraphs C.2. and C.5., and 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45685 

redesignating paragraphs C.3. through 

C.8. as paragraphs C.2. through C.6. of 

Black Bayou Lake National Wildlife 

Refuge; 

■ d. Revising paragraph A.1., revising 

paragraphs C.1., C.2., and D.11., and 

adding paragraph D.18. of Cameron 

Prairie National Wildlife Refuge; 

■ e. Revising paragraphs A.1., A.2., A.3., 

A.8., A.19., A.26., A.28., B.1., B.2., C.1., 

C.3., adding paragraphs C.11. and C.12., 

and revising paragraph D.2. of Cat 

Island National Wildlife Refuge; 

■ f. Revising paragraphs A.4., A.6., 

A.10., A.13., A.15., adding paragraphs 

A.18., A.19., revising paragraph B.1., 

removing paragraph B.5., redesignating 

paragraphs B.6. through B.11. as 

paragraphs B.5. through B.10., revising 

newly redesignated paragraphs B.5., B.7. 

and B.8., revising paragraphs C.1. and 

C.2., removing paragraph C.9., and 

redesignating paragraphs C.10. through 

C.13. as paragraphs C.9., through C.12., 

and revising paragraphs D.1. and D.8. of 

Catahoula National Wildlife Refuge; 

■ g. Revising paragraphs A.2., A.4., 

A.11., removing paragraph A. 21., 

redesignating paragraphs A.22. and 

A.23, as paragraphs A.21. and A.22., 

revising newly redesignated paragraph 

A.22., removing paragraphs A.24., A.25., 

and A.27. and redesignating paragraph 

A.26. as paragraph A.23., paragraph 

A.28. as paragraph A.24., and paragraph 

A.29. as paragraph A.25., and adding 

paragraphs A.26. and A.27., revising 

paragraphs B.1. and B.2., removing 

paragraph B.3., redesignating 

paragraphs B.4. through B.8. as 

paragraphs B.3. through B.7., revising 

newly redesignated paragraph B.6., 

adding paragraph B.8., revising 

paragraphs C.1., C.2., and C.3., removing 

paragraphs C.5. through C.8., revising 

paragraphs D.1., D.2., D.6., D.13., 

removing paragraph D.14., and 

redesignating paragraph D.15. as 

paragraph D.14. of Grand Cote National 

Wildlife Refuge; 

■ h. Revising paragraphs A.3. and A.10., 

removing paragraphs C.4. and C.10., and 

redesignating paragraphs C.5. through 

C.11. as paragraphs C.4. through C.9. of 

Lacassine National Wildlife Refuge; 

■ i. Revising paragraphs A.2., A.4., 

A.10., A.13., A.15., adding paragraphs 

A.25. and A.26., revising paragraphs 

B.1., B.2., B.6., adding paragraph B.8., 

revising paragraphs C., D.1., and D.9. of 

Lake Ophelia National Wildlife Refuge; 

and 

■ j. Revising paragraphs A.2. and D.6. 

through D.9., and adding paragraph 

D.10. of Sabine National Wildlife 

Refuge; 

■ k. Revising paragraphs A.3., A.6., A.9., 

A.11., A.12., B.2., B.3., B.7., the 

introductory text of paragraph C., C.1. 

through C.9., and C.11. through C.22., 

and D.4. of Tensas River National 

Wildlife Refuge to read as follows: 

§ 32.37 Louisiana. 

* * * * * 

Bayou Cocodrie National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

6. Any hunter under age 17 must 

possess and carry proof of completion of 

an approved Hunter Safety Course and 

be accompanied by an adult age 21 or 

older. Each adult may supervise (within 

sight of and in normal voice contact 

with) only one youth for all youth hunts 

except migratory birds. One adult may 

supervise no more than two youths 

while hunting migratory game birds. 

* * * * * 

9. Coyote, beaver, feral hog, and 

raccoon are incidental take species and, 

as such, you may take them during any 

open hunting season only with the 

weapon allowed for that season if you 

are a hunter having the required 

licenses and permits. There is no bag 

limit on coyote, feral hog, and beaver. 

State regulations apply on other 

incidental species. 

10. Each hunter is responsible for 

reporting harvest information on a 

hunter information report card located 

at the self-clearing check station. 

* * * * * 

14. Special access ATV trails are 

available for mobility-impaired hunters 

and hunters age 60 and older with 

proper State permits. Hunters with 

mobility impairments must possess and 

carry a valid Disabled Hunter Permit/ 

Card from the State to use special access 

ATV trails. Hunters must equip their 

ATVs with a red flag at least 6 inches 

(15 cm) wide and 12 inches (30 cm) long 

on a pole or staff extending at least 36 

inches (90 cm) above the level of the 

seat. State requirements for ‘‘MobilityImpaired’’ classification apply. 

* * * * * 

B. Upland Game Hunting. * * * 

1. We allow squirrel and rabbit 

hunting during the State season except 

during the open youth hunt for deer, the 

youth lottery hunt, the primitive 

firearms hunt, and the lottery deer hunt. 

2. Conditions A1, A3, and A7 through 

A15 apply. 

* * * * * 

5. Refuge users may enter the refuge 

no earlier than 4 a.m. and must exit the 

refuge by 2 hours after legal sunset 

except that raccoon and opossum 

hunters during the month of February 

may use the refuge at night. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1, A3, A7 through 

A15, and B5 apply. 

* * * * * 

5. We prohibit hunters leaving stands 

on the refuge until the opening day of 

archery season, and they must remove 

them by the end of the last day of the 

archery season. Hunters must clearly 

mark stands used on the refuge with the 

name and address of the owner of the 

stand. Hunters must remove portable 

stands from trees daily and must place 

free-standing stands in a nonhunting 

position daily (see §§27.93 and 27.94 of 

this chapter). 

* * * * * 

8. We allow deer hunting with 

primitive firearms subject to State 

regulations. Specific open dates will 

appear in the annual Refuge Hunting 

and Fishing Regulations Brochure. 

* * * * * 

11. We prohibit baiting or hunting 

over bait and the possession of bait or 

any nonnaturally occurring attractant on 

the refuge (see §32.2(h)). 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

6. The refuge boat ramp is open from 

4 a.m. until 2 hours after legal sunset. 

* * * * * 

Big Branch Marsh National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

10. We prohibit hunting within 150 

feet (45 m) of any road open to vehicle 

travel, residence, or Boy Scout Road. We 

prohibit hunting in refuge-designated 

closed areas, which are posted on the 

refuge and identified in the refuge hunt 

permits (see §27.31 of this chapter). 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. You may only use dogs for squirrel 

and rabbit after the close of the State 

archery deer season. 

3. We only allow dogs to locate, point, 

and retrieve when hunting for quail. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

8. Conditions A5 through A8, and 

A10 through A13 apply, except in 

condition A7, one adult may supervise 

only one youth while hunting big game. 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
45686 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

Black Bayou Lake National Wildlife 

Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

4. We allow the use of dogs to hunt 

squirrel and rabbit during that part of 

the State season that occurs in January 

and February. 

* * * * * 

C. Big Game Hunting. We allow 

archery hunting of white-tailed deer on 

designated areas of the refuge during the 

State season in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1, A2, A4, A6, A10, 

A11, and B7 apply. 

* * * * * 

Cameron Prairie National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. The waterfowl hunt consists of a 

youth (age 17 and younger) limited 

permit hunt only. We provide hunt 

dates and application requirements to 

the public through the media early each 

fall. We notify successful applicants 

prior to the applicable hunt season. The 

permitted youth must be present in the 

blind for his/her guest to hunt. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A2 (for big game hunt, 

one adult may supervise no more than 

one youth hunter), A3, A4, A7, and A8 

apply. 

2. We prohibit entrance to the hunting 

area earlier than 4 a.m. Hunters must 

leave no later than 1 hour after legal 

sunset. 

D. Sport Fishing. * * * 

* * * * * 

11. Allowed cast net size is in 

accordance with State regulations. 

* * * * * 

18. We allow cast netting for bait on 

both the East Cove Unit and the 

Gibbstown Unit in accordance with 

State regulations when the unit is open 

for public fishing only. 

Cat Island National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. Hunters or anglers age 17 or older 

must possess and carry a valid, signed 

refuge Public Use Permit certifying that 

they understand and will comply with 

all regulations. 

2. All users must obtain a daily use 

reporting card and place it in plain view 

on the dashboard of their vehicle so that 

the personal information is readable. 

Users must return cards to the refuge 

kiosk upon departure from the refuge. 

3. Hunters may enter the refuge 2 

hours before legal sunrise and must exit 

the refuge no later than 2 hours after 

legal sunset. We prohibit entering or 

remaining on the refuge before or after 

hours. 

* * * * * 

8. Hunters must report all harvested 

game on the back of the daily use 

reporting card prior to leaving the 

refuge. 

* * * * * 

19. Waterfowl hunters must remove 

boats, blinds, and decoys by 1 p.m. 

daily. 

* * * * * 

26. We prohibit possession of alcohol 

(see §32.2(j)). 

* * * * * 

28. We prohibit all commercial 

activities (including, but not limited to, 

guiding). 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A3, A5 

through A9, A11 through A17, A19, 

A21, A22, and A26 through A28 apply. 

2. We allow the use of .22 caliber long 

rifles and shotguns to hunt upland 

game. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1 through A3, A5 

through A9, A11 through A17, A19, 

A21, A22, and A26 through A28 apply. 

* * * * * 

3. There will be two or three lottery 

gun hunts (primitive firearms/rifle) in 

November and December (see refuge 

brochure for details). We will set hunt 

dates in July, and we will accept 

applications from August 1 through 

August 31. Applicants may apply for 

more than one hunt. There is a $5 

application fee per person for each hunt 

application and a $15 fee per person per 

permit for each successful applicant. We 

will notify successful applicants by 

September 5. 

* * * * * 

11. We allow ‘‘still hunting’’ only. We 

prohibit man drives or use of dogs. 

12. We prohibit use or possession of 

climbing spurs. 

D. Sport Fishing. * * * 

* * * * * 

2. Conditions A1 through A3, A8, A9 

(on the open portions of Wood Duck 

ATV trail for wildlife-dependent 

activities throughout the year), A13 

through A16, A19, A21 through A23, 

and A26 through A28 apply. 

* * * * * 

Catahoula National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

4. We allow use of ATVs on 

designated trails (see §27.31 of this 

chapter) subject to refuge-specific dates 

and terms (see refuge hunting brochure 

for details). We prohibit the use of an 

ATV on graveled roads designated for 

motor vehicle traffic unless otherwise 

posted. We only allow ATVs for 

wildlife-dependent activities. We define 

an ATV as an off-road vehicle (not legal 

for highway use) with factory 

specifications not to exceed the 

following: weight 750 pounds (337.5 

kg), length 85 inches (212.5 cm), and 

width 48 inches (120 cm). We restrict 

ATV tires to those no larger than 25 x 

12 with a maximum 1 inch (2.5 cm) lug 

height and a maximum allowable tire 

pressure of 7 psi as indicated on the tire 

by the manufacturer. 

* * * * * 

6. We prohibit all migratory game bird 

hunting during deer-gun and primitive 

firearms hunts. 

* * * * * 

10. Youth hunters under age 18 must 

successfully complete a State-approved 

hunter education course. While hunting, 

each youth must possess and carry a 

card or certificate of completion. Each 

youth hunter must remain within sight 

and normal voice contact of an adult age 

21 or older. Each adult must possess 

and carry a refuge permit and may 

supervise no more than two youth 

hunters. 

* * * * * 

13. We prohibit any person or group 

to act as a hunting or fishing guide, 

outfitter, or in any other capacity that 

any other individual(s) pays or promises 

to pay directly or indirectly for services 

rendered to any other person or persons 

hunting or fishing on the refuge, 

regardless of whether such payment is 

for guiding, outfitting, lodging, or club 

membership. 

* * * * * 

15. We only allow dogs to locate, 

point, and retrieve when hunting for 

migratory game birds. We only allow 

dogs after the last refuge deer primitive 

firearms hunt, except when we allow 

them for waterfowl hunting throughout 

the entire refuge waterfowl season. 

* * * * * 

18. We prohibit vehicles having 

wheels with a wheel-tire combination 

having a radius of 17 inches (42.5 cm) 

or more from the center of the hub 

(measured horizontal to ground). 

19. Refuge hunting seasons apply to 

all navigable waterways that are wholly 

within the refuge boundaries. 

B. Upland Game Hunting. * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45687 

1. Conditions A1, A4, A7 through 

A11, A13, A14, and A16 through A19 

apply. 

* * * * * 

5. We prohibit squirrel, rabbit, and 

raccoon hunting during deer-gun and 

primitive firearms hunts. 

* * * * * 

7. At the Headquarters Unit, we close 

upland and big game hunting during 

high water conditions with an elevation 

of 42 feet (12.6 m) or above as measured 

at the Corps of Engineers center of the 

lake gauge on Catahoula Lake. At the 

Bushley Bayou Unit, we close upland 

and big game hunting during high water 

conditions with an elevation of 44 feet 

(13.2 m) or above as measured at the 

Corps of Engineers center of the lake 

gauge on Catahoula Lake. 

8. On the Bushley Bayou Unit, we 

allow the use of dogs to hunt squirrel, 

rabbit, and raccoon only after the last 

refuge deer-primitive firearms hunt. We 

allow no more than two dogs per 

hunting party for squirrel hunting. 

Hunters may use only beagles that do 

not exceed 15 inches (37.5 cm) at front 

shoulders for rabbit hunting. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1, A4, A7 through A9, 

A11, A13, A14, A16 through A19, B4 

through B7, and B10 apply. 

2. At the Bushley Bayou Unit, we 

allow deer-archery hunting during the 

State archery season, except when 

closed during deer-gun and deerprimitive firearms hunts. We allow 

either-sex, deer primitive firearms 

hunting during the first segment of the 

State season for Area 1, weekdays only 

(Monday through Friday) and the third 

weekend after Thanksgiving Day. We 

allow either-sex, deer-gun hunting for 

the Friday, Saturday, and Sunday 

immediately following Thanksgiving 

Day and for the second weekend 

following Thanksgiving Day. 

* * * * * 

D. Sport Fishing. * * * 

1. Conditions A4, A7, A9, A13, A14, 

A16, A17, and B6 apply. 

* * * * * 

8. We prohibit bank fishing on 

Bushley Creek and fishing in Black 

Lake, Dempsey Lake, Long Lake, 

Rhinehart Lake, and Round Lake during 

deer-gun and primitive firearms hunts. 

We prohibit fishing in Black Lake, 

Dempsey Lake, Long Lake, Rhinehart 

Lake, and Round Lake during waterfowl 

hunts. 

* * * * * 

Grand Cote National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

2. Hunters must check-in and check 

out subject to refuge-specific terms (see 

refuge hunting brochure for details). 

* * * * * 

4. Youth hunters under age 18 must 

successfully complete a State-approved 

hunter education course. While hunting, 

each youth must possess and carry a 

card or certificate of completion. Each 

youth hunter must remain within sight 

and normal voice contact of an adult age 

21 or older. Each adult may supervise 

no more than two youth hunters during 

waterfowl hunts. 

* * * * * 

11. We prohibit hunting within 150 

feet (45 m) of any public road, refuge 

road, trail or ATV trail, building, 

residence, or designated public facility. 

* * * * * 

22. The refuge will hold lotteries to 

hunt waterfowl from blinds on 

designated sections of the refuge during 

the regular State waterfowl season 

subject to refuge-specific dates, terms, 

and selection process (see refuge 

hunting brochure for details). Youth 

ages 10 to 17 and their adult coapplicant supervisors are given 

preference in these lottery hunts. Once 

selected in the lottery, the youth coapplicant must be present on the day of 

the hunt for the permit to be valid. In 

the event that we receive no youth 

applications for a given hunting date, 

we will fill blinds with adult applicants 

for that date. All hunts are subject to 

water availability. 

* * * * * 

26. Hunting is subject to closure due 

to high water conditions. 

27. We prohibit any person or group 

to act as a hunting guide, outfitter, or in 

any other capacity that any other 

individual(s) pays or promises to pay 

directly or indirectly for services 

rendered to any other person or persons 

hunting on the refuge, regardless of 

whether such payment is for guiding, 

outfitting, lodging, or club membership. 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A11, and 

A13 through A16, A20, and A24 

through A28 apply. 

2. We allow rabbit hunting during the 

State season. 

* * * * * 

6. We allow the use of .22 caliber or 

less rimfire rifles or shotguns to hunt 

upland game. 

* * * * * 

8. We require hunters participating in 

special dog seasons for rabbit to wear a 

minimum of an unbroken, hunterorange cap. All other hunters and 

archers (while on the ground), except 

waterfowl hunters, also must wear an 

unbroken, hunter-orange cap during the 

special dog seasons for rabbit. 

C. Big Game Hunting. * * * 

1. Conditions A1 through A11, and 

A13 through A16, A20, A24 through 

A28, B6, and B7 apply. 

2. We allow archery hunting in 

designated units subject to refugespecific dates and harvest restrictions 

(see refuge hunting brochure for details). 

3. We allow only portable deer stands 

(see §§27.93 and 27.94 of this chapter). 

Deer stands must have the owner’s 

name, address, and phone number 

clearly printed on the stand. Hunters 

may erect stands 2 days before hunting 

season; however, they must place stands 

in a nonhunting position at the 

conclusion of each hunt and remove 

them on the last day of the State archery 

deer season. 

* * * * * 

D. Sport Fishing. * * * 

1. Conditions A1, A5, A6, A10, A11, 

A13 through A15, A19, A20, and A26 

apply. 

2. We only allow bank fishing in 

Coulee Des Grues along Little California 

Road. 

* * * * * 

6. We allow recreational crawfishing 

subject to refuge-specific dates and 

terms (see refuge hunting brochure for 

details). 

* * * * * 

13. We prohibit the harvest of frog, 

turtle, snake, or mollusk (see §27.21 of 

this chapter). 

* * * * * 

Lacassine National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

3. We allow hunting Wednesdays, 

Thursdays, Saturdays, and Sundays of 

the State teal and duck seasons (western 

zone). We close the refuge to hunting 

during the ‘‘goose only’’ waterfowl 

season. State daily and season harvest 

limits apply. 

* * * * * 

10. Limited permit waterfowl hunting 

consists of youth (age 17 and younger) 

and senior (age 55 and older) lottery 

hunts. We provide hunt dates and 

application information to the public 

through the media early each fall. We 

notify successful applicants prior to the 

applicable hunt season. The permitted 

youth and/or senior must be present in 

the blind for his/her guest to hunt. We 


jlentini on DSKJ8SOYB1PROD with RULES2
45688 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

allow only successful applicants and 

their guests within Unit B. 

* * * * * 

Lake Ophelia National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

2. Hunters must check-in and check 

out subject to refuge-specific terms (see 

refuge hunting brochure for details). 

* * * * * 

4. Youth hunters under age 18 must 

successfully complete a State-approved 

hunter education course. While hunting, 

each youth must possess and carry a 

card or certificate of completion. Each 

youth hunter must remain within sight 

and normal voice contact of an adult age 

21 or older. Each adult may supervise 

no more than two youth hunters during 

waterfowl hunts. 

* * * * * 

10. We prohibit hunting or shooting 

within 150 feet (45 m) of any public 

road, refuge road, ATV trail, hiking trail, 

building, residence, designated public 

facility, or active oil well site, 

production facility, or equipment. 

* * * * * 

13. We prohibit all other hunting 

during refuge lottery primitive firearms 

deer hunts. 

* * * * * 

15. We allow motors up to 25 hp in 

Possum Bayou (north of Boat Ramp), 

Palmetto Bayou, Duck Lake, Westcut 

Lake, Pt. Basse, and Nicholas Lake. 

* * * * * 

25. We prohibit vehicles having 

wheels with a wheel-tire combination 

having a radius of 17 inches (42.5 cm) 

or more from the center of the hub 

(measured horizontal to ground). 

26. We prohibit any person or group 

to act as a hunting guide, outfitter, or in 

any other capacity that any other 

individual(s) pays or promises to pay 

directly or indirectly for services 

rendered to any other person or persons 

hunting on the refuge, regardless of 

whether such payment is for guiding, 

outfitting, lodging or club membership. 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A16, A19, 

and A22 through A26 apply. 

2. We allow squirrel and rabbit 

hunting in Hunt Unit 2B subject to 

refuge-specific dates and terms (see 

refuge hunting brochure for details). 

* * * * * 

6. We allow the use of .22 caliber or 

less rimfire rifles or shotguns to hunt 

upland game. 

* * * * * 

8. We require hunters participating in 

special dog seasons for rabbit and 

squirrel to wear a minimum of an 

unbroken hunter-orange cap. All other 

hunters and archers (while on the 

ground), except waterfowl hunters, also 

must wear an unbroken hunter-orange 

cap during the special dog seasons for 

rabbit and squirrel. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of the refuge as 

shown on the refuge hunting brochure 

map in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1 through A3, A5 

through A16, A19, A22 through A26, 

B7, and B8 apply. 

2. We only allow portable deer stands 

(see §§27.93 and 27.94 of this chapter). 

We require hunters to permanently 

attach their name, address, and phone 

number to the deer stand. Hunters may 

erect stands 2 days before hunting 

season; however, they must place stands 

in a nonhunting position at the 

conclusion of each hunt and remove 

them on the last day of the State archery 

deer season. 

3. We allow archery hunting in Units 

1A, 1B, 2A, and 2B subject to refugespecific date and harvest restrictions 

(see refuge hunting brochure for dates). 

4. We allow youth to hunt deer in the 

closed area during the lottery youth deer 

season. These gun hunts are subject to 

the refuge-specific dates, terms, and 

selection process (see refuge hunting 

brochure for details). Youth selected in 

prior years’ hunts may not apply. 

5. We prohibit the use of organized 

drives for taking or attempting to take 

game or using pursuit dogs. 

6. We allow archery equipment only 

during designated seasons. 

7. We prohibit the use of dogs to trail 

wounded deer. 

8. We allow electric-powered or 

nonmotorized boats in Lake Ophelia 

from November 1 through December 15 

(see refuge hunting brochure for details). 

9. You may kill one deer of either sex 

per day during the refuge archery 

season. Deer killed on the refuge count 

towards the State bag limit. 

10. We require a minimum of 400 

square inches (2,600 cm2) of unbroken 

hunter orange as the outermost layer of 

clothing on the chest and back, and in 

addition we require a hat or cap of 

unbroken hunter orange during all deer 

lottery youth gun hunts and quota 

primitive firearms hunts. Deer hunters 

hunting from concealed ground blinds 

must display above or around their 

blinds a minimum of 400 square inches 

of hunter orange which is visible from 

360o. 

11. Youth hunters under age 18 must 

successfully complete a State-approved 

hunter education course. While hunting, 

each youth must possess and carry a 

card or certificate of completion. Each 

youth hunter must remain within sight 

and normal voice contact of an adult age 

21 or older. Each adult may supervise 

only one youth hunter during big game 

hunts. 

12. There will be lottery deer 

primitive firearm hunts subject to 

refuge-specific dates, terms, and 

selection process (see refuge hunting 

brochure for details). Applicants may 

not apply for more than one hunt. There 

is a $5 nonrefundable application fee 

per person for each hunt application. 

13. We prohibit driving or screwing 

nails, spikes, or other metal objects into 

trees or hunting from any tree in which 

such an object has been driven (see 

§32.2(i)). 

14. We only allow turkey hunting 

during the first 14 days of the State 

season until 12 p.m. (noon). 

15. We allow the use and possession 

of lead shot for turkey hunting (see 

§32.2(k)). 

16. We prohibit the possession of 

saws, saw blades, or machetes. 

D. Sport Fishing. * * * 

1. Conditions A1, A5 through A9, A19 

(see §27.93 of this chapter), and A22 

through A25 apply. 

* * * * * 

9. We prohibit the harvest of frog, 

turtle, snake, or mollusk (see §27.21 of 

this chapter). 

* * * * * 

Sabine National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

2. We allow waterfowl hunting only 

on Wednesdays, Thursdays, Saturdays, 

and Sundays during the State teal 

season and during the regular State 

waterfowl season for the west zone. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

6. Conditions A7, A9, A13 (fishing 

guide), and A15 apply. 

7. We allow anglers to enter the refuge 

by boat from 1 hour before legal sunrise 

to 1 hour after legal sunset in order to 

access fishing areas. We prohibit fishing 

activities, however, before legal sunrise 

and after legal sunset. 

8. Crabbing: We allow recreational 

crabbing in designated areas of the 

refuge subject to the following 

conditions: 

i. You must take crabs only with 

cotton hand lines or drop nets up to 24 

inches (60 cm) outside diameter. We 

prohibit use of floats on crab lines. 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45689 

ii. You must remove all hand lines, 

drop nets, and bait (see §27.93 of this 

chapter) from the refuge upon leaving. 

iii. We allow a daily limit on crabs of 

5 dozen (60) per vehicle or boat. 

9. Cast Netting: We allow cast netting 

in designated areas of the refuge only 

during the Louisiana Inland Shrimp 

Season subject to the following 

conditions: 

i. We allow cast netting only from 12 

p.m. (noon) to legal sunset. 

ii. We only allow recreational cast 

netting for shrimp. You must 

immediately return all fish, crabs, or 

other incidental take (by catch) to the 

water before continuing to cast net. 

iii. We allow a daily shrimp limit of 

5 gallons (19 L) of heads-on shrimp per 

day, per vehicle, or per boat. 

iv. Shrimp must remain in your actual 

custody while on the refuge. 

v. You may cast net only from the 

bank and wharves at Hog Island Gully 

and Blue Crab Public Use Areas and 1A1B Public Use Areas or at sites along 

Hwy. 27 that provide developed safe 

access and that we do not post and sign 

as closed areas. 

vi. We prohibit cast netting at or 

around the Northline and West Cove 

Public Use Area or on or around any 

boat launch. 

vii. You may cast net from a boat 

throughout the refuge except where 

posted and signed as closed. 

viii. We prohibit reserving a place or 

saving a space for yourself or others by 

any means to include placing 

unattended equipment in designated 

cast-netting areas. 

ix. We prohibit swimming and/or 

wading in the refuge canals or wading 

in the canals and waterways. 

10. We prohibit the taking of turtle 

(see §27.21 of this chapter). 

Tensas River National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

3. We allow refuge hunters to enter 

the refuge no earlier than 4 a.m., and 

they must leave no later than 2 hours 

after legal sunset unless they are 

participating in the refuge raccoon hunt. 

* * * * * 

6. We prohibit permanent or pit 

blinds on the refuge. You must remove 

all blind materials and decoys following 

each day’s hunt. 

* * * * * 

9. We prohibit baiting or the 

possession of bait while on the refuge at 

any time (see §32.2(h)). 

* * * * * 

11. While visiting the refuge, we 

prohibit: spotlighting (see §27.73 of this 

chapter), littering (see §27.94 of this 

chapter), fires (see §27.95(a) of this 

chapter), trapping, man-drives for game, 

possession of alcoholic beverages in 

hunting areas (see §§32.2(j) and 27.81 of 

this chapter), possession of open 

alcoholic beverage containers, flagging, 

engineers tape, paint, unleashed pets 

(see §26.21(b) of this chapter), and 

parking/blocking trail and gate 

entrances (see §27.31(h) of this chapter). 

We also prohibit hunting or shooting 

within 150 feet (45 m) of a designated 

public road, maintained road, trail, fire 

breaks, dwellings, and above-ground oil 

and gas production facilities. We define 

a maintained road or trail as one which 

has been mowed, disked, or plowed. 

12. We require a Tensas River 

National Wildlife Refuge Access Permit 

for all migratory bird hunts. You may 

find the permit on the front of the 

Public Use Regulations brochure. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. We allow squirrel and rabbit 

hunting with and without dogs. We will 

allow hunting without dogs from the 

beginning of the State season and 

typically ending the day before the 

refuge deer primitive firearms hunt. We 

do not require you to wear hunter 

orange during the squirrel and rabbit 

hunt without dogs. Squirrel and rabbit 

hunting with or without dogs will begin 

the day after the refuge deer primitive 

firearms hunt and will end the last day 

of the refuge squirrel season, which 

typically ends on February 15. 

3. We close squirrel and rabbit 

hunting during the following gun hunts 

for deer: refugewide youth hunt, 

primitive firearms hunt, and modern 

firearms hunt. 

* * * * * 

7. We require all upland game hunters 

to report their game immediately after 

each hunt at the check station nearest to 

the point of take. 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of refuges in 

accordance with State regulations 

subject to the following conditions: 

1. Deer archery season will begin the 

first Saturday in November and will 

conclude on the last day of the State 

archery season (typically January 31). 

We prohibit archery hunting during the 

following refuge-wide deer hunts: youth 

gun hunt and modern firearms hunts. 

We prohibit possession of pods, drugtipped arrows, or other chemical 

substances. 

2. The deer primitive firearms season 

will last 3 days and occur on a Monday, 

Tuesday, and Wednesday in January. 

We will allow in-line primitive firearms 

and magnified scopes. 

3. We will conduct two 2–day quota, 

modern-firearms hunts for deer 

typically in the month of December. 

Hunt dates and permit application 

procedures will be available at refuge 

headquarters in July. We restrict hunters 

using a primitive firearm during this 

hunt to areas where we allow modern 

firearms. 

4. We will conduct guided quota 

youth deer hunts and guided quota deer 

hunts for the physically challenged in 

the Greenlea Bend area typically in 

December and January. Hunt dates and 

permit application procedures will be 

available at the refuge headquarters in 

July. 

5. We will conduct a refuge-wide 

youth deer hunt during the Statewide 

youth hunt weekend typically in 

November. Hunt dates will be available 

at refuge headquarters in July. Each 

participating youth must be ages 8 to 15, 

must possess proof of completion of an 

approved Hunter Safety Course, and 

must be accompanied at all times by an 

adult age 21 or older. Each hunting 

adult can supervise only one youth. 

6. Hunters may take only one deer 

(one buck or one doe) per day during 

refuge deer hunts except during guided 

youth and physically challenged hunts 

where the limit will be one antlerless 

and one antlered deer per day. 

7. We allow turkey hunting the first 

16 days of the State turkey season. We 

will conduct a youth turkey hunt the 

Saturday and Sunday before the regular 

State turkey season. Hunters may 

harvest two bearded turkeys per season. 

We allow the use and possession of lead 

shot while turkey hunting on the refuge. 

We allow use of nonmotorized bicycles 

on designated all-terrain vehicle trails. 

Although you may hunt turkey without 

displaying a solid-hunter-orange cap or 

vest during your turkey hunt, we do 

recommend its use. 

8. We allow refuge hunters to enter 

the refuge no earlier than 4 a.m., and 

they must depart no later than 2 hours 

after legal sunset unless they are 

participating in the refuge raccoon hunt. 

9. In areas posted ‘‘Area Closed,’’ we 

prohibit big game hunting at any time. 

We close ‘‘Closed Areas’’ (designated on 

the Public Use Regulations brochure 

map) to all hunts. We prohibit shooting 

into or across any closed area with a gun 

or archery equipment. 

* * * * * 

11. We allow primitive firearms 

hunters to discharge their primitive 

firearms at the end of each hunt safely 

into the ground at least 150 feet (135 m) 


jlentini on DSKJ8SOYB1PROD with RULES2
45690 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

from any designated public road, 

maintained road, trail, fire break, 

dwelling, or above-ground oil and gas 

production facility. We define a 

maintained road or trail as one that has 

been mowed, disked, or plowed, or one 

that is free of trees. 

12. We allow all-terrain vehicle travel 

on designated trails for access typically 

from September 15 to the last day of the 

refuge squirrel season. Designated trails 

are open from 4 a.m. to no later than 2 

hours after legal sunset unless otherwise 

specified. We define an ATV as an offroad vehicle (not legal for highway use) 

with factory specifications not to exceed 

the following: weight 750 pounds (338 

kg), length 85 inches (213 cm), and 

width 48 inches (120 cm). We restrict 

ATV tires to those no larger than 25x12 

with a 1-inch (2.5-cm) lug height and 

maximum allowable tire pressure of 

7psi. We require an affixed refuge allterrain vehicle permit that hunters may 

obtain from the refuge headquarters 

typically in July. Hunters using the 

refuge physically challenged all-terrain 

trails must possess the State’s Physically 

Challenged Program Hunter Permit. 

Additional physically challenged access 

information will be available at the 

refuge headquarters. 

13. We allow nonmotorized boats, 

electric motors, and boats with motors 

10 horsepower or less in refuge lakes, 

streams, and bayous. We require that 

boat passengers wear personal flotation 

devices when using a boat to access the 

refuge. Hunters must equip all 

motorized boats with navigation lights 

and utilize them according to State 

regulations. We prohibit storage of boats 

on the refuge. Hunters must remove 

them daily. 

14. We prohibit deer hunters leaving 

deer stands unattended before the 

opening day of the refuge archery 

season. They must remove stands by the 

end of the last day of the refuge archery 

season. Hunters must clearly mark 

stands left unattended on the refuge 

with the name and address of the stand 

owner. Hunters must remove portable 

stands from trees daily and place 

freestanding stands in a nonhunting 

position when unattended. 

15. We require deer hunters using 

primitive firearms or modern firearms to 

display a solid- hunter-orange cap on 

their head and a solid-hunter-orange 

vest over their outermost garment 

covering their chest and back. Hunters 

must display the solid-hunter-orange 

items the entire time while in the field. 

16. We require primitive firearms and 

modern firearms hunters using ground 

blinds to display outside of the blind 

400 square inches (2,600 cm2) of hunter 

orange, which is visible from all sides 

of the blind. Hunters must wear orange 

vests and hats as their outermost 

garments while inside the blind. 

17. We require all deer and turkey 

hunters to report their game 

immediately after each hunt at the 

check station nearest to the point of 

take. 

18. We prohibit baiting or the 

possession of bait while on the refuge at 

any time (see §32.2(h)). We prohibit 

possession of chemical baits or 

attractants used as bait. 

19. We prohibit any hunter to use 

climbing spikes or hunt from a tree that 

contains screw-in steps, nails, screw-in 

umbrellas, or any metal objects that 

could damage trees or to possess any 

such items (see §32.2(i)). 

20. While visiting the refuge, we 

prohibit: spotlighting (see §27.73 of this 

chapter), littering (see §27.94 of this 

chapter), fires (see §27.95 of this 

chapter), trapping, man-drives for game, 

possession of alcoholic beverages in 

hunting areas, possession of open 

alcoholic beverages (see §§32.2(j) and 

27.81 of this chapter), flagging, 

engineer’s tape, paint, unleashed pets 

(see §26.21(b) of this chapter), parking/ 

blocking trail and gate entrances (see 

§27.31(h) of this chapter). We also 

prohibit hunting within 150 feet (45 m) 

of a designated public road, maintained 

road, trail, fire break, dwelling, and 

above-ground oil and gas production 

facility. We define a maintained road or 

trail as one that has been mowed, 

disked, or plowed. 

21. We require a Tensas River 

National Wildlife Refuge Access Permit 

for all big game hunts. Hunters may find 

the permit on the front of the Public Use 

Regulations brochure. 

22. We prohibit field dressing of game 

within 150 feet (45 m) of parking areas, 

maintained roads, and trails. 

D. Sport Fishing. * * * 

* * * * * 

4. We allow anglers to operate 

nonmotorized boats, electric motors, 

and boats with motors 10 horsepower or 

less in refuge lakes, streams, and 

bayous. We require that boat passengers 

wear personal flotation devices when 

using a boat under power to access the 

refuge. Anglers must equip all 

motorized boats with navigation lights 

and use them according to State 

regulations. We prohibit boat storage on 

the refuge, and anglers must remove 

boats daily. 

* * * * * 

■ 14. Amend §32.39 Maryland by 

revising Patuxent Research Refuge to 

read as follows: 

§ 32.39 Maryland. 

* * * * * 

Patuxent Research Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, and dove 

on the North Tract in accordance with 

State regulations subject to the 

following conditions: 

1. We require a hunting permit. We 

issue permits through our Cooperating 

Association Meade Natural Heritage 

Association (MNHA) at the refuge 

Hunting Control Station (HCS). MNHA 

charges a fee for each permit. Contact 

refuge headquarters for more 

information. 

2. We publish the Refuge Hunting 

Regulations, which includes the daily 

and yearly bag limits and hunting dates, 

in late summer. We provide you with a 

copy of the regulations with your fee 

permit, and we require you to know the 

specific hunt seasons and regulations. 

3. We require hunters, age 17 or 

younger, to have a parent or guardian 

cosign to receive a hunting permit. 

4. We require hunters, age 17 or 

younger, to be accompanied in the field 

by an adult possessing a refuge hunting 

permit, age 21 or older. 

5. You must check-in and out at the 

HCS and exchange your hunting permit 

for a daily hunting pass and a vehicle 

pass every time you enter or exit the 

refuge. This includes breakfast, lunch, 

dinner, and other breaks if you leave 

your designated hunting area. 

6. You must use designated and 

maintained roads for vehicular traffic. 

7. You must park within the selected 

area specified and not block traffic or 

gates (see §27.31(h) of this chapter). 

8. We restrict you to the selected area 

and activity until you check out at the 

HCS. 

9. We prohibit hunting on or across 

any road (paved, gravel, opened, and/or 

closed), within 50 yards (45 m) of a road 

(paved, gravel, dirt, opened and/or 

closed), within 150 yards (135 m) of any 

building or shed, and within 25 yards 

(22.5 m) from any designated ‘‘No 

Hunting’’ or ‘‘Safety Zone’’ areas, 

except: 

i. You may hunt from the road, 50 

yards (135 m) beyond the gate at Blue 

Heron Pond; 

ii. You may hunt from the road, 50 

yards (135 m) beyond the barricade at 

Wood Duck Pond; 

iii. You may hunt from any refuge 

permanent photo/hunt blind. 

iv. You may hunt from the roadside, 

at designated areas, if you possess a 

Maryland State ‘‘Hunt from a Vehicle 

Permit.’’ 

10. You must wear, in a visible 

manner and at all times, a minimum of 

400 square inches (2,600 cm2) of solidcolored, fluorescent hunter orange on 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45691 

your head, chest, and back except when 

noted otherwise. Your solid-colored, 

fluorescent hunter orange must be 

visible 360o while carrying-in and 

carrying-out equipment (e.g., portable 

blinds). ‘‘Jump shooters’’ must wear at 

least a solid-colored, fluorescent hunterorange hat or cap while hunting. If you 

stop and stand, you may remove it. 

11. We allow the taking of only 

Canada goose during the early and late 

resident Canada goose seasons. 

12. We prohibit hunting of goose, 

duck, and dove during the early deer 

muzzleloader seasons that occur in 

October and all deer firearms seasons 

including the Junior Deer Hunt. 

13. We require waterfowl hunters to 

use retrieving dogs while hunting duck 

and goose within 50 yards (45 m) of the 

following impounded waters: Bailey 

Bridge Marsh, Blue Heron Pond, Lake 

Allen, New Marsh, and Wood Duck 

Pond. 

14. We require dogs to be under the 

immediate control of their owner at all 

times (see §26.21(b) of this chapter). 

Law enforcement officers may seize or 

dispatch dogs running loose or 

unattended (see §28.43 of this chapter). 

B. Upland Game Hunting. We allow 

hunting of turkey, gray squirrel, eastern 

cottontail rabbit, and woodchuck on the 

North Tract and turkey on the Central 

Tract in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1 through A10 apply. 

2. Hunters may only possess approved 

nontoxic shot while in the field (see 

§32.2(k)). 

3. We prohibit hunting of upland 

game during the deer muzzleloader and 

firearms seasons, including the Junior 

Deer Hunt. 

4. You must wear, in a visible manner 

and at all times, a minimum of 400 

square inches (2,600 cm2) of solidcolored, fluorescent hunter orange on 

your head, chest, and back. Spring 

turkey hunters are exempt from wearing 

the hunter orange. 

5. We allow the use of a bow and 

arrow for turkey hunting. 

6. We require turkey hunters to use 

#4, #5, or #6 nontoxic shot or vertical 

bows. 

7. We select turkey hunters by a 

computerized lottery for youth, 

disabled, mobility impaired, and general 

public hunts. We require documentation 

for disabled and mobility-impaired 

hunters. 

8. We require turkey hunters to show 

proof they have attended a turkey clinic 

sponsored by the National Turkey 

Federation. 

9. We require turkey hunters to 

pattern their weapons prior to hunting. 

Contact refuge headquarters for more 

information. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on the 

North, Central, and South Tracts in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A10 apply. 

2. Prior to issuing a hunting permit, 

we require you to pass a yearly 

proficiency test with each weapon used. 

3. We only allow the use of a shotgun, 

muzzleloader, or bow and arrow 

according to Refuge Hunting 

Regulations. 

i. We require muzzleloaders to be .40 

caliber or larger with not less than 60 

grains of black powder or a black 

powder equivalent. 

ii. We prohibit the discharging of 

weapons after legal shooting hours, 

including the unloading of 

muzzleloaders. 

4. We require (when transporting or 

storing) longbows and recurve bows to 

be unstrung; and compound and 

crossbows must be locked in such a way 

to render them inoperable and/or cased, 

with no arrows nocked. 

5. We prohibit possession or use of 

buckshot. 

6. You must wear, in a visible manner 

and at all times, a minimum of 400 

square inches (2,600 cm2) of solidcolored, fluorescent hunter orange on 

your head, chest, and back except when 

noted otherwise. Your solid-colored, 

fluorescent hunter orange must be 

visible 360 degrees while carrying-in 

and carrying-out equipment (e.g., 

portable tree stands). Bow hunters must 

follow this requirement when walking 

from their vehicle to their hunting 

location and while tracking. We do not 

require bow hunters to wear the solidcolored, fluorescent hunter orange when 

positioned to hunt except during the 

North Tract Junior Deer Hunt and the 

late deer Muzzleloader Season when 

they must wear it at all times. 

7. All bucks harvested must have a 

15-inch (37.5-cm) minimum outside 

antler spread. 

8. All deer harvested will have a jaw 

extracted at the HCS before leaving the 

refuge. 

9. We allow the use of portable tree 

stands equipped with a full-body safety 

harness. You must wear the full-body 

safety harness while in the tree stand. 

The stand must be at least 10 feet (3 m) 

off the ground. You must remove tree 

stands from the refuge. You must use 

tree stands when hunting South and 

Central Tracts. We will make limited 

accommodations for disabled hunters 

for Central Tract lottery hunts. 

10. We prohibit the use of dogs to 

hunt or track wounded deer. 

11. If you wish to track wounded 

deer, beyond 11⁄2 hours after legal 

sunset, you must gain consent from a 

refuge law enforcement officer. We 

prohibit tracking 21⁄2 hours after legal 

sunset. You must make a reasonable 

effort to retrieve the wounded deer. This 

may include next-day tracking except 

Sundays and Federal holidays. 

12. We prohibit deer drives or anyone 

taking part in any deer drive. We define 

a ‘‘deer drive’’ as an organized or 

planned effort to pursue, drive, chase or 

otherwise frighten or cause deer to move 

in the direction of any person or persons 

who are part of the organized or 

planned hunt and known to be waiting 

for the deer. We also prohibit organized 

deer drives without a standing hunter. 

13. North Tract: We allow shotgun, 

muzzleloader, and bow hunting in 

accordance with the following 

regulations: Conditions C1 through C13 

apply. 

14. Central Tract: 

i. Headquarters/MR Lottery Hunt: We 

only allow shotgun and bow hunting in 

accordance with the following 

regulations: 

a. Conditions C1, C2, and C4 through 

C13 apply. 

b. We select Central Tract shotgun 

and bow hunters by a computerized 

lottery. We will assign you a specific 

hunting location. 

ii. Schafer Farm Hunt: We only allow 

bow hunting in accordance with the 

following regulations: Conditions C1, 

C2, and C4 through C13 apply. 

15. South Tract: We allow shotgun, 

muzzleloader, and bow hunting in 

accordance with the following 

regulations: 

i. Conditions C1 through C13 apply. 

ii. You must access South Tract 

hunting areas A, B, and C off Springfield 

Road through the Old Beltsville Airport; 

and South Tract hunting area D from 

MD Rt. 197 through Gate #4. You must 

park in designated parking areas. 

iii. We prohibit driving or parking 

along the entrance and exit roads, to and 

from the National Wildlife Visitor 

Center, and parking in the visitor center 

parking lot when checked in to hunt any 

area. 

D. Sport Fishing. We allow sport 

fishing in accordance with Maryland 

State hook and line fishing regulations 

subject to the following conditions: 

1. We require all anglers, age 16 and 

older, to obtain a free refuge fishing 

permit as well as a Maryland State 

fishing license, which must be carried 

with them at all times while fishing. 

Organized groups may request a group 

permit. The group leader must carry a 

copy of the permit and stay with the 

group at all times while fishing. 


jlentini on DSKJ8SOYB1PROD with RULES2
45692 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

2. We publish the Refuge Fishing 

Regulations, which includes the daily 

and yearly creel limits and fishing dates, 

in early January. We provide a copy of 

the regulations with your free refuge 

fishing permit, and we require you to 

know the specific fishing regulations. 

3. Anglers must carry a copy of the 

refuge fishing permit and their 

Maryland State fishing license in the 

field. 

4. Anglers must display a copy of the 

refuge fishing permit in the vehicle 

windshield. 

5. We require anglers, age 17 or 

younger, to have a parent or guardian 

cosign to receive a fishing permit. 

6. We require anglers, age 17 or 

younger, to be accompanied in the field 

by an adult possessing a fishing permit, 

age 21 or older, and they must maintain 

visual contact with each other within a 

50-yard (45-m) distance. 

7. We prohibit the use or possession 

of lead sinkers. 

8. We prohibit the use or possession 

of alcoholic beverages (see §27.81 of this 

chapter and §32.2(j)). 

9. Anglers may take three youths, age 

15 or younger, to fish under their permit 

and in their presence and control. 

10. We allow the use of earthworms 

as the only source of live bait. We 

prohibit bloodworms, fish, or other 

animals or parts of animals to be used 

as bait. 

11. We prohibit harvesting bait on the 

refuge. 

12. Anglers must attend all fishing 

lines. 

13. Anglers may take the following 

species: chain pickerel, catfish, golden 

shiner, eel, and sunfish (includes 

bluegill, black crappie, warmouth, and 

pumpkinseed). Maryland State daily 

harvest limits apply unless otherwise 

noted. 

14. We require all bluegill taken to be 

6 inches (15 cm) or larger. 

15. We allow take of one chain 

pickerel per day. 

16. Anglers must release all bass that 

are caught. 

17. We prohibit fishing from all 

bridges except the downstream side of 

Bailey Bridge. 

18. North Tract: We allow sport 

fishing in accordance with the following 

regulations: 

i. Conditions D1 through D17 apply. 

ii. We allow sport fishing at Lake 

Allen, Blue Heron Pond, Rieve’s Pond, 

New Marsh, Cattail Pond, Bailey Bridge 

(downstream side) and Little Patuxent 

River (downstream only from Bailey’s 

Bridge). 

iii. We require a free North Tract 

refuge access permit that anglers must 

carry and possess at all times and must 

return to the North Tract Visitor Contact 

Station (VCS) at the end of each visit. If 

you are age 17 or younger, you must 

have a parent or guardian countersign to 

receive an access permit. 

iv. Anglers may fish year-round at 

Lake Allen, Blue Heron Pond, Rieve’s 

Pond, New Marsh, Cattail Pond, Bailey 

Bridge (downstream side) and the Little 

Patuxent River (downstream only from 

Bailey Bridge) except Monday through 

Saturday from September 1 through 

January 31 during the hunting season. 

We also reserve the right to close Lake 

Allen at any time. 

v. We allow wading, for fishing 

purposes only, downstream from Bailey 

Bridge on the Little Patuxent River. We 

prohibit wading in all other bodies of 

water. 

vi. We prohibit the use of any type of 

watercraft.08SER2 

19. South Tract: We allow sport 

fishing in accordance with the following 

regulations: 

i. Conditions D1 through D16 apply. 

ii. Anglers must park their vehicles in 

the parking lot located behind Refuge 

Gate #8 off MD Rt. 197. Anglers may not 

access Cash Lake from the National 

Wildlife Visitor Center (NWVC). 

iii. We allow sport fishing at the pier 

and designated shorelines at Cash Lake. 

See Refuge Fishing Regulations for areas 

opened to fishing. We post other areas 

with ‘‘No fishing beyond this point’’ 

signs. 

iv. Anglers may fish from mid-June 

until mid-October, as posted. 

v. We allow fishing between the hours 

of 6:00 a.m. and 8:00 p.m. June through 

August and between the hours of 7:00 

a.m. and 6:30 p.m. September and 

October. 

vi. Anglers may use watercraft for 

fishing in accordance with the Maryland 

State boating laws subject to the 

additional following conditions: 

a. You may use car-top boats 14 feet 

(4.2 m) or less, and canoes. 

b. You may only use electric motors, 

4 HP or less. 

c. We prohibit sailboats, kayaks, and 

inflatable boats. 

d. Maryland State law requires 

personal flotation devices (PFDs). 

vii. We prohibit boat trailers except by 

individuals possessing a refuge 

handicapped permit. 

■ 15. Amend §32.43 Mississippi by: 

■ a. Adding paragraph A.12., revising 

paragraphs B.1. and C.1., and adding 

paragraph C.6. of Grand Bay National 

Wildlife Refuge; 

■ b. Revising paragraph A.15. of 

Hillside National Wildlife Refuge; 

■ c. Revising paragraphs A.15. and C.5., 

removing paragraph C.18., and revising 

paragraph D.9. of Morgan Brake 

National Wildlife Refuge; and 

■ d. Revising paragraphs A.17. and D.6. 

of Panther Swamp National Wildlife 

Refuge to read as follows: 

§ 32.43 Mississippi. 

* * * * * 

Grand Bay National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

12. We prohibit the use of airboats, 

mudboats, motorized pirogues, and aircooled propulsion engines on the 

refuge. 

B. Upland Game Hunting. * * * 

1. Conditions A4 through A7 and A10 

through A12 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A4 through A7 and A9 

through A12 apply. 

* * * * * 

6. We prohibit the use of dogs to hunt 

deer and feral hog. 

* * * * * 

Hillside National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

15. We allow ATVs only on 

designated trails (see §27.31 of this 

chapter) (see refuge brochure map). 

* * * * * 

Morgan Brake National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

15. We allow ATVs only on 

designated trails (see §27.31 of this 

chapter) (see refuge brochure map). 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

5. Conditions A5 through A7, A14, 

A15, and B6 apply. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

9. Condition A14 applies. 

* * * * * 

Panther Swamp National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

17. We allow ATVs, beginning on the 

third Saturday in September through 

February 28, only on designated trails 

(see §27.31 of this chapter) (see refuge 

brochure map). 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45693 

D. Sport Fishing. * * * 

* * * * * 

6. We allow ATVs for fishing access 

on designated gravel roads when we 

close such roads to vehicular traffic. 

* * * * * 

■ 16. Amend §32.45 Montana by 

revising paragraphs A.1., A.10., adding 

paragraphs A.17. and A.18., and 

revising paragraph C.2. of Lee Metcalf 

National Wildlife Refuge to read as 

follows: 

§ 32.45 Montana. 

* * * * * 

Lee Metcalf National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. Hunting Access: Hunters must 

enter and exit the hunt area through the 

access parking lot. Hunters must park at 

this access point and at the numbered 

parking space corresponding to a blind. 

Hunters must walk to the blind along 

mowed trails designated in the hunting 

leaflet. We open the access parking lot 

at 3:30 a.m. to hunters who intend to 

immediately hunt on the refuge. We 

prohibit wildlife observation, scouting, 

and loitering at the access point. 

* * * * * 

10. You must conduct all hunting 

from within the hunting blind. 

* * * * * 

17. Hunting blinds require the use of 

a minimum of six decoys with the 

exception of blinds #1, 2, 7, 14, and 15. 

18. We will allow the use of a 

removable personal blind within the 

immediate mowed area around field 

blind #13. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. We will allow archery hunting in 

the Waterfowl Hunt Area in September 

except during the youth waterfowl hunt 

weekend. We will allow archery 

hunting on Mondays and Thursdays in 

the Waterfowl Hunting Area during 

waterfowl hunting season. 

* * * * * 

■ 17. Amend §32.47 Nevada by: 

■ a. Removing Stillwater Wildlife 

Management Area; and 

■ b. Revising paragraph A.5. and adding 

paragraphs B.3. and B.4. of Stillwater 

National Wildlife Refuge to read as 

follows: 

§ 32.47 Nevada. 

* * * * * 

Stillwater National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

5. We prohibit boating outside of the 

waterfowl and youth waterfowl hunting 

season except in Willow Lake where we 

allow nonmotorized boating all year. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

3. We prohibit the use or possession 

of lead shot (see §32.2(k)). 

4. We prohibit hunting after legal 

sunset. 

* * * * * 

■ 18. Amend §32.48 New Hampshire by 

revising the introductory text of 

paragraph A. and revising paragraph 

A.5. of Silvio O. Conte National Fish 

and Wildlife Refuge to read as follows: 

§ 32.48 New Hampshire. 

* * * * * 

Silvio O. Conte National Fish and 

Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, common 

snipe, and American woodcock on the 

Pondicherry Division of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

5. Conditions A4 and A5 apply. 

* * * * * 

■ 19. Amend §32.49 New Jersey by 

revising the introductory text of 

paragraph C., revising paragraphs C.1. 

and C.2., and removing paragraphs C.3. 

through C.5. of Supawna Meadows 

National Wildlife Refuge to read as 

follows: 

§ 32.49 New Jersey. 

* * * * * 

Supawna Meadows National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow only bow hunting on the 

refuge. 

2. We require a State permit for the 

appropriate State Deer Management 

Zone. 

* * * * * 

■ 20. Amend §32.50 New Mexico by 

revising paragraphs A.1., A.4., and A.5., 

adding paragraphs A.6. and A.7., and 

revising paragraphs B.2., B.3., C.1., and 

C.2. of Bitter Lake National Wildlife 

Refuge to read as follows: 

§ 32.50 New Mexico. 

* * * * * 

Bitter Lake National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. On the North Tract (including Salt 

Creek Wilderness Area and the portion 

of the refuge located north of U.S. 

Highway 70) all hunting must be in 

accordance with State seasons and 

regulations. On the Middle Tract (the 

portion of the refuge located between 

U.S. Highway 70 and U.S. Highway 

380), we restrict hunting to goose, duck, 

sandhill crane, and American coot (no 

dove): 

i. In the designated public hunting 

area; 

ii. In the southern portion of the Tract 

that never approaches closer than 100 

yards (90 m) to the public auto tour 

route; 

iii. In the southern portion of the 

Tract only, we limit hunting to 

Tuesdays, Thursdays, and Saturdays 

during the period when the State 

seasons for that area are open 

simultaneously for most of these 

species; 

iv. All hunting must cease at 1 p.m. 

(local time) on each hunt day; and 

v. On the South Tract (the portion of 

the refuge located south of U.S. 

Highway 380), we allow hunting only 

during Special hunts (youth hunters age 

17 and younger and/or physically 

impaired) as per State seasons and 

regulations. 

* * * * * 

4. Hunters must directly attend all 

personal property at all times (see 

§27.93 of this chapter). 

5. We allow unleashed hunting/ 

retrieving dogs on the refuge when 

hunters are legally present in areas 

where we allow hunters, only if the 

dogs are under the immediate control of 

hunters at all times (see §26.21(b) of this 

chapter), and only to pursue species 

legally in season at that time. 

6. We prohibit hunters and their dogs 

from entering closed areas for retrieval 

of game. 

7. We do not require refuge or other 

special hunt permits other than those 

required by the State (e.g., sandhill 

crane permits). 

B. Upland Game Hunting. * * * 

* * * * * 

2. Conditions A2 and A4 through A7 

apply. 

3. We prohibit the use of archery 

equipment at any time on the refuge 

except when hunting deer and hogs. 

C. Big Game Hunting. * * * 

1. We restrict all hunting to the North 

Tract (including Salt Creek Wilderness 

Area and the portion of the refuge 

located north of U.S. highway 70) in 

accordance with State seasons and 


jlentini on DSKJ8SOYB1PROD with RULES2
45694 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

regulations with the specification that 

we only allow the take of feral hog (no 

bag limit) while legally hunting deer 

and only with the weapon legal for 

taking deer on that day. 

2. Conditions A4 and A7 apply. 

* * * * * 

■ 21. Amend §32.51 New York by: 

■ a. Revising paragraphs A., C., and D. 

of Montezuma National Wildlife Refuge; 

and 

■ b. Revising paragraph C. of Wertheim 

National Wildlife Refuge to read as 

follows: 

§ 32.51 New York. 

* * * * * 

Montezuma National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow waterfowl hunting on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We require daily refuge permits and 

reservations. You must possess and 

carry refuge permits while in the field 

and present them upon request to any 

law enforcement officer. 

2. We allow hunting only on 

Tuesdays, Thursdays, and Saturdays 

during the established refuge season set 

within the State western zone season. 

3. Except for opening day, we take 

telephone reservations from 8:30 a.m. to 

9:00 a.m. on Tuesdays, Thursdays, and 

Saturdays for the next hunt day. 

4. We take opening day reservations 

between 8:30 a.m. and 9:00 a.m. on a 

day set by the refuge manager or 

designee at least 1 week before the 

season opener. 

5. The reservation telephone number 

is 315-568-4136. 

6. All telephone reservations are on a 

first-come, first-served basis. 

7. If you have a reservation for 

Tschache Pool, you may bring one 

companion; we will determine party 

limits for other areas annually. 

8. You may request the parking area 

of your choice when making 

reservations. 

9. Parking signs and blinds should not 

be moved except by refuge personnel. 

10. All hunters with reservations and 

their hunting companions must checkin at the Route 89 Hunter Creek Station 

area at least 1 hour before legal shooting 

time or forfeit their reservation. 

11. Hunters must set up in their 

chosen hunting spot before legal 

shooting time. 

12. Forfeited reservations become 

available on a first-come, first-served 

basis to standby hunters at the Route 89 

Hunter Check Station. 

13. We require a fee of $10 per 

reservation. If you have a Golden Age or 

Access Passport, the fee is $5 per 

reservation. 

14. In Tschache Pool, hunters must 

use motorless boats to hunt, and we 

limit hunters to one boat per 

reservation. 

15. In Tschache Pool, you must not 

shoot from the dike or within 50 feet (15 

m) of the dike or road, or from within 

500 feet (150 m) of the observation 

tower. We do not limit hunting to 

specific blind sites. 

16. We will announce selection 

procedures for hunting sites on other 

areas annually. 

17. You may possess a maximum of 

15 nontoxic shot shells while in the 

field (see §32.2(k)). 

18. You must stop hunting at 12 p.m. 

(noon), and you must check out by 1 

p.m. 

19. We require proof of successful 

completion of the New York State 

Waterfowl Identification Course, the 

Montezuma Nonresident Waterfowl 

Identification Course, or a suitable 

nonresident State Waterfowl 

Identification Course to hunt the refuge; 

all hunters must show proof each time 

they hunt. 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunting of white-tailed 

deer only on designated areas of the 

refuge using archery, firearms (see 

§27.42 of this chapter), or 

muzzleloaders during established refuge 

seasons set within the general State 

white-tailed deer season. 

2. We prohibit hunting on Sunday. 

3. You must possess, carry, and 

present upon request to any law 

enforcement officer a valid daily hunt 

permit card. We will also require you to 

return the daily hunt permit card at the 

end of hunting or at the end of the day. 

4. Daily hunt permits are available at 

the Route 89 Hunter Check Station on 

a first-come, first-served basis, issued by 

refuge personnel or available on a selfservice basis; hunters must come to the 

Route 89 Hunter Check Station to obtain 

a permit each day they hunt. 

5. We issue a maximum of 300 

archery and 150 firearms hunt permit 

cards each day on a first-come, firstserved basis. 

6. Hunters must fill out Part A of the 

daily hunt permit card at check-in and 

leave it with refuge personnel or deposit 

it in the Part A box at the Route 89 

Hunter Check Station. 

7. Hunters must carry Part B of the 

daily hunt permit card while hunting 

the refuge. 

8. Hunters must complete Part B and 

deposit it in the Part B box at the Route 

89 Hunter Check Station by the end of 

the hunt day. 

9. Successful hunters must bring their 

deer to the Route 89 Hunter Check 

Station on days designated by the refuge 

manager. 

10. Firearms hunters must wear in a 

visible manner on the head, chest, and 

back a minimum of 400 square inches 

(2,600 cm2) of solid, blaze orange. 

11. We only allow shotguns, 

muzzleloaders, and bows during the 

firearms season (see §27.42 of this 

chapter); successful harvest with a bow 

during firearms season requires use of a 

firearms season tag. 

12. You must disassemble, lock, or 

case all bows after legal sunset and 

before legal sunrise. 

13. We prohibit advance scouting of 

the refuge prior to hunting season. 

14. We prohibit boats and canoes on 

refuge pools and hunting on the openwater portions of the refuge pools. 

15. We prohibit ATVs (see §27.31(f) of 

this chapter). 

16. Hunters may only use portable 

tree stands and must remove them (see 

§27.93 of this chapter) from the refuge 

each day. 

17. We prohibit screw-in tree steps, 

nails, and any object used to puncture 

the bark of a tree; we do allow climbing 

tree stands that grip the tree (see 

§32.2(i)). 

18. We allow firearms hunters to be 

on the refuge during the period that 

begins 1 hour before legal sunrise and 

ends 1 hour after legal sunset. 

19. We allow archery hunters to be on 

the refuge during the period that begins 

1 hour before legal sunrise (except for 

opening day) and ends 1 hour after legal 

sunset. 

20. On opening day of both archery 

and firearms seasons, we allow hunters 

on the refuge during the period that 

begins 2 hours before legal sunrise and 

ends 1 hour after legal sunset. 

21. We prohibit parking along the 

Wildlife Drive unless otherwise posted 

by refuge personnel. 

D. Sport Fishing. Anglers may access 

the New York State Barge Canal System 

Waters at only two sites on the refuge: 

The Seneca River Fishing Access Site 

and the May’s Point Fishing Area. You 

may either bank fish or boat fish in 

accordance with State regulations. 

* * * * * 

Wertheim National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer within 

designated areas of the refuge in 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45695 

accordance with State regulations 

subject to the following conditions: 

1. We allow archery and shotgun 

hunting of white-tailed deer within 

portions of the refuge during specific 

days between October 1 and January 31. 

2. We require refuge permits. We limit 

the number of deer hunters permitted to 

hunt on the refuge. We will issue 

permits by random selection. 

3. You must take the specified 

number of antlerless deer as noted in 

the refuge hunting regulations before 

taking an antlered deer. 

4. You must have all applicable and 

valid hunting licenses, permits, stamps, 

and a photographic identification in 

your possession while hunting on the 

refuge. 

5. You must limit driving to 

designated access roads and park only 

in designated areas. We prohibit use of 

motorized vehicles on the refuge to 

retrieve white-tailed deer. 

6. You must display refuge parking 

permits face up on the vehicle 

dashboard while hunting. 

7. We allow hunters to enter the 

refuge 1 hour before legal hunting 

hours, and they must leave the refuge no 

later than 1 hour after legal hunting 

hours. 

8. We prohibit the use of dogs to hunt 

or pursue game. We prohibit driving 

deer by any means. 

9. We prohibit shooting directly into 

the 500-foot (150-m) ‘‘No Hunt Buffer.’’ 

10. We prohibit the killing or 

crippling of any deer without the hunter 

making reasonable effort to retrieve the 

deer and retain it in his or her custody. 

11. If assigned to Unit 5, hunters must 

hunt from portable tree stands and must 

direct aim away from public roads and 

private dwellings. 

12. We allow only shotgun shells 

loaded with slugs during the firearms 

season. 

13. Hunters must wear a minimum of 

400 square inches (2,600 cm2) of solidorange clothing, visible on head, chest, 

and back during the firearms season. 

Camouflage orange does not qualify 

because it is not solid. 

14. We prohibit construction or use of 

any type of structure while hunting. We 

prohibit driving nails, spikes, screws, or 

other metal objects into any tree or 

hunting from any tree into which a nail, 

spike, screw, or other object has been 

driven (see §32.2(i)). 

15. We allow use of temporary or 

portable tree stands while hunting deer. 

You must clearly print your name and 

address on the stand. You must remove 

all stands or any blinds at the end of 

each hunt session (see §27.93 of this 

chapter). 

16. You must report all serious 

accidents and injuries to refuge 

personnel as soon as possible and before 

leaving the refuge. 

17. Failure to comply with Federal, 

State, or refuge regulations may lead to 

dismissal from the refuge and 

elimination of participation in future 

hunts. 

18. Hunters must abide by all rules 

and regulations listed on the hunting 

permit. 

19. We prohibit the use of any bait, 

salt, or enticement (see §32.2(h)). 

20. A nonhunting adult possessing a 

valid New York State hunting license 

must accompany junior hunters (ages 14 

and 15). 

21. We prohibit the marking of any 

tree, trail, or other refuge feature with 

flagging, paint, reflective material, or 

any other substance. 

22. You must use a safety harness and 

belt while hunting from a tree stand. 

23. We allow scouting of hunting 

areas on the refuge only during 

designated times and days. We allow 

only permitted hunters to scout. We 

prohibit the use of dogs during scouting. 

24. We prohibit the use of electronic 

calls during any hunting season. 

25. We prohibit the trimming or 

cutting of branches larger than the 

diameter of a quarter. 

* * * * * 

■ 22. Amend §32.53 North Dakota by: 

■ a. Revising paragraphs B. and C. of 

Lostwood National Wildlife Refuge; and 

■ b. Revising paragraph D.3. and adding 

paragraph D.14. of Upper Souris 

National Wildlife Refuge to read as 

follows: 

§ 32.53 North Dakota. 

* * * * * 

Lostwood National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of sharp-tailed grouse and grey 

partridge on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit hunting on the portion 

of the refuge south of Highway 50 

during the State gun season. 

2. We allow hunting only on the 

portion of the refuge north of Highway 

50 beginning the day following the close 

of the State deer gun season through the 

end of the State season. 

3. You may possess only approved 

nontoxic shot while in the field (see 

§32.2(k)). 

4. We prohibit the use of horses 

during all hunting seasons. 

C. Big Game Hunting. We allow 

hunting of deer on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. The refuge gun, muzzleloader, and 

bow deer hunting seasons open and 

close according to State regulations. 

2. We prohibit entry to the refuge 

before 12 p.m. (noon) on the first day of 

the archery, gun, or muzzleloader deer 

hunting season. 

3. We will allow only preseason 

scouting in public use areas and hiking 

trails. 

4. We allow only portable tree stands. 

You must remove all tree stands at the 

end of each day (see §§27.93 and 27.94 

of this chapter). 

5. Hunters may enter the refuge only 

on foot. 

6. Condition B4 applies. 

* * * * * 

Upper Souris National Wildlife Refuge 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

3. We prohibit the use of bow, spear, 

or underwater spearing equipment to 

take fish during open-water periods. 

* * * * * 

14. We allow dark-house spear fishing 

from December 1 through the last day of 

February of each fishing year in 

conjunction with North Dakota Game 

and Fish Department regulations. 

* * * * * 

■ 23. Amend §32.55 Oklahoma by 

revising paragraph A.1., adding 

paragraph A.9., revising paragraph B.1., 

and adding paragraph C.4. of Sequoyah 

National Wildlife Refuge to read as 

follows: 

§ 32.55 Oklahoma. 

* * * * * 

Sequoyah National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. We require an annual refuge permit 

for all hunting. The hunter must possess 

and carry the signed permit while 

hunting. We require hunters to abide by 

all terms and conditions listed on the 

permit (see §26.43 of this chapter). 

* * * * * 

9. We prohibit hunters from using 

refuge boat ramps to access hunting 

areas outside the refuge boundary on 

days when we close the refuge for 

hunting certain species or for any 

species not hunted on the refuge. 

B. Upland Game Hunting. * * * 

1. Conditions A1 and A7 through A9 

apply. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

4. Condition A9 applies. 

* * * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
45696 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

■ 24. Amend §32.60 South Carolina by: 

■ a. Revising Cape Romain National 

Wildlife Refuge; 

■ b. Revising Santee National Wildlife 

Refuge; and 

■ c. Revising paragraphs C.3., C.5, and 

C.6. of Savannah National Wildlife 

Refuge to read as follows: 

§ 32.60 South Carolina. 

* * * * * 

Cape Romain National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of marsh hen/rail only on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require each hunter to carry at 

all times while hunting a signed, current 

refuge hunt permit and a governmentissued picture ID. The hunt permit is 

invalid until signed by the hunter. 

2. We prohibit hunting on Sundays. 

3. You may possess only approved 

nontoxic shot while hunting on the 

refuge (see §32.2(k)). 

4. We prohibit discharge of weapons 

for any purpose other than to take or 

attempt to take legal game during the 

established hunting season. 

5. Each hunter under age 16 must 

remain within sight and normal voice 

contact of an adult age 21 or older. 

Youth hunters must have successfully 

completed a State-approved hunter 

education course. 

6. We allow use of retrieving dogs 

only while hunting in designated 

hunting areas for marsh hen/rail. 

Otherwise we prohibit dogs on the 

refuge. 

7. We prohibit taking or attempting to 

take any wildlife from an area unless 

that area is officially opened for 

hunting/fishing. 

B. Upland Game Hunting. We allow 

hunting of raccoon on designated areas 

of the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1, A2, A4, A5, and A7 

apply. 

2. We allow hunting only on days 

designated annually by the refuge 

within the State season. 

3. Hunters must enter and exit 

through the designated camping area to 

access any hunting areas on the refuge. 

4. We prohibit crossbows, 

muzzleloaders, shotguns, rifles, pistols, 

and any other firearms or illegal means 

designated by the State to take whiletailed deer during the designated refuge 

archery hunt. 

5. The refuge designates daily limits 

for raccoon. 

6. For all raccoons harvested, hunters 

must check-in the raccoon tail at the 

refuge check station. 

7. We prohibit hunting within 100 

feet (30 m) of the Walking Trail 

(interpretive foot trail) and Beach Road. 

8. Each archery hunter must check-in 

at the camping site on Bulls Island 

before setting up camp or before starting 

to hunt. We require each hunter to 

record his or her name and address in 

the available register. 

9. Hunters may camp in the 

designated camping areas on Bulls 

Island during the archery white-tailed 

deer hunts from 9 a.m. on the day 

preceding the hunt until 12 p.m. (noon) 

on the day following the hunt. 

10. We restrict hunters to the camping 

area from 7 p.m. until 4:30 a.m. 

11. We prohibit camping on the refuge 

except for designated archery hunters 

on Bulls Island and individuals 

obtaining a special use permit from the 

refuge manager. 

12. We prohibit fires except 

designated campfires in designated 

areas during the archery hunt (see 

§27.95(a) of this chapter). 

13. Except for boat motors being 

operated in salt water, we prohibit 

motorized equipment on the refuge 

islands or in refuge inholdings. 

14. We prohibit private boats in the 

refuge boat basins at Garris Landing and 

Bulls Island. We clearly mark these 

areas with Closed Area signs. 

15. We prohibit overnight parking at 

Garris Landing except for archery 

hunters during the designated refuge 

archery white-tailed deer season and 

individuals obtaining a special use 

permit from the refuge manager. 

16. Hunters must hunt from a tree 

stand or the ground. We prohibit 

stalking, driving, corralling, or any other 

cooperative form of hunting. 

C. Big Game Hunting. We allow the 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1, A2, A4, A5, A7, B2 

through B4, and B7 through B16 apply. 

2. The refuge designates daily limits 

for white-tailed deer. 

3. Hunters much check all whitetailed deer at the refuge check station 

prior to removal from Bulls Island. 

D. Sport Fishing. We allow the 

possession, taking, and transportation 

of: fish, crabs, shellfish, shrimp, and 

other saltwater species on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. Conditions A7 and B10 through 

B14 apply. 

2. We prohibit fishing inside the 

refuge boat basins at Garris Landing and 

Bulls Island. 

3. We prohibit cast nets on the pier at 

Garris Landing. 

4. We prohibit fishing, crabbing, shell 

fishing, and the taking of other saltwater 

species on Bulls Island ponds and 

managed wetlands (Jacks Creek, Lower 

and Upper Summerhouse Ponds). 

5. We close Marsh Island, White 

Banks, and Sandy Point to public entry 

from February 15 through September 15 

to protect nesting birds. This closed area 

extends from the low mean water mark 

to the highest elevation on these islands. 

6. We prohibit entering into any area 

‘‘Closed to Public Entry’’ due to turtle/ 

bird nesting areas. 

7. All refuge islands are ‘‘Closed to 

Public Entry’’ or occupancy from 1 hour 

after legal sunset to 1 hour before legal 

sunrise, except during a scheduled 

refuge big game hunt. 

8. We prohibit anglers or visitors 

taking, possessing, or transporting more 

than one 3-quart plastic bag of sea shells 

per person per day from the refuge. 

9. We prohibit anglers or visitors 

taking, possessing, or transporting any 

sea shells containing living organisms 

from the refuge, except those shellfish 

allowed by the State according to a 

recreational or commercial saltwater 

fishing license and permit. 

10. We prohibit the taking of sea 

shells from the refuge for commercial 

purposes or monetary gain. 

11. We prohibit the commercial 

transport of passengers to any refuge 

island for any purpose without a Special 

Use Permit from the refuge manager. 

12. We prohibit feeding or harassing 

porpoises in any manner. 

13. We prohibit mooring or anchoring 

of boats more than 72 hours within the 

refuge boundary. 

* * * * * 

Santee National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of mourning dove on 

designated areas of the Cuddo Unit of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. All hunters must possess and carry 

a signed refuge hunting permit and a 

government-issued picture ID. The hunt 

permit is invalid until signed by the 

hunter. 

2. We require all hunters to sign in 

and out at the check station located at 

the Cuddo entrance gate and report all 

game taken. 

3. We prohibit discharge of weapons 

(see §27.42 of this chapter) within, into, 

or across a ‘‘No Hunting Zone’’ or 

‘‘Closed Area.’’ We prohibit entering or 

crossing a ‘‘No Hunting Zone’’ or 

‘‘Closed Area’’ to access areas open to 

hunting. We require consent from refuge 

personnel to enter a ‘‘No Hunting Zone’’ 

or ‘‘Closed Area’’ for the purpose of 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45697 

tracking and/or retrieving legally taken 

game animals. 

4. Each youth hunter (age 16 or 

younger) must remain within sight and 

normal voice contact and under the 

direct supervision of an adult age 21 or 

older with a valid license and 

applicable permit. Each adult may 

supervise no more than two youth 

hunters. Each youth hunter must 

possess and carry evidence of successful 

completion of a State-approved hunter 

education course. 

5. Legal shooting hours for designated 

refuge dove hunts are in accordance 

with State law and the times the refuge 

is open for general public access. 

6. We allow scouting for dove 1 week 

prior to the designated refuge hunting 

season. Anyone scouting may be on the 

refuge only during the times the refuge 

is open for general public access. 

7. You may possess only approved 

nontoxic shot (see §32.2(k) while in the 

field if hunting with a shotgun or 

muzzleloader using shot as a delivery 

device to take mourning doves. 

8. Hunters must possess shotguns 

with shot no larger than No. 5. 

9. We allow use of dogs for the 

retrieving of mourning doves while 

hunting. The dog must wear a collar 

displaying the owner’s name, address, 

and phone number. 

10. We prohibit discharge of weapons 

for any purpose other than to take or 

attempt to take legal game animals 

during established hunting seasons. 

11. We prohibit entering any area 

posted as ‘‘Closed’’ or ‘‘No Hunting 

Zone.’’ We prohibit hunting any species 

not listed in the introductory paragraphs 

A, B, or C on any unit. 

B. Upland Game Hunting. We allow 

hunting of raccoon and opossum on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A4, A10, 

and A11 apply. 

2. We allow hunting only on areas, 

days, and times designated annually by 

the refuge within the State season. 

3. We require dogs for hunting 

raccoon and opossum. All dogs must 

wear a collar displaying the owner’s 

name, address, and phone number. 

4. You may possess only approved 

nontoxic shot (see §32.2(k)) while in the 

field if hunting with a shotgun using 

shot as a delivery device to take game. 

5. We prohibit crossbows. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A4, A10, 

and A11 apply. 

2. We allow hunting for white-tailed 

deer only as described in the refuge 

hunt brochure. 

D. Sport Fishing. We allow fishing on 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow fishing year-round, 24 

hours a day, except in areas posted as 

‘‘Closed Areas’’ or in areas seasonally 

closed for migratory bird management 

in Cantey Bay, Black Bottom, Savannah 

Branch, and refuge ponds and 

impoundments. 

2. We allow fishing only in Cantey 

Bay, Black Bottom, Savannah Branch, 

and refuge ponds and impoundments 

from March 1 through October 31. 

3. We prohibit fishing or boating 

within 100 feet (30 m) of any nesting 

birds or bird rookeries within the refuge 

boundaries. 

4. We allow fishing on the inland 

ponds only during the times the refuge 

units are open for general public access 

or as posted. 

5. You must possess and carry a 

signed refuge fishing permit at all times 

while fishing on the refuge. 

6. We prohibit the use of air-thrust 

boats, hovercraft, airboats, and personal 

watercraft. 

Savannah National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

3. We authorize bows only for deer/ 

hog hunting during the archery hunt. 

We prohibit crossbows (see §27.43 of 

this chapter). 

* * * * * 

5. You may take five deer, no more 

than three antlerless and two antlered. 

There is no bag limit on feral hogs. 

6. You must remove hunt stands daily 

(see §27.93 of this chapter). 

* * * * * 

■ 25. Amend §32.62 Tennessee by: 

■ a. Revising paragraphs A.1., B.1., 

removing paragraph B.2. and 

redesignating paragraphs B.3. through 

B.9. as paragraphs B.2. through B.8., and 

revising paragraph D.1. of Cross Creeks 

National Wildlife Refuge; and 

■ b. Revising paragraph A.1., adding 

paragraph A.12., and revising 

paragraphs B.1., C.2., and D.4. of 

Tennessee National Wildlife Refuge to 

read as follows: 

§ 32.62 Tennessee. 

* * * * * 

Cross Creeks National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. The refuge is open daily from 1⁄2

hour before legal sunrise to 1⁄2 hour after 

legal sunset, with the exception of legal 

hunting and/or fishing activities. 

* * * * * 

B. Upland Game Hunting. * * * 

1. Conditions A1 and A2 apply. 

* * * * * 

D. Sport Fishing. * * * 

1. We allow fishing on refuge pools 

and reservoirs from March 16 through 

November 14 from 1⁄2 hour before legal 

sunrise to 1⁄2 hour after legal sunset. 

* * * * * 

Tennessee National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. The refuge is open daily from 1⁄2

hour before legal sunrise to 1⁄2 hour after 

legal sunset, with the exception of legal 

hunting/fishing activities. 

* * * * * 

12. We restrict the Duck River 

Bottoms unit to a quota goose hunt only. 

You may only participate in the quota 

hunt with a special quota permit issued 

through random drawing. Information 

for permit application is available at the 

refuge headquarters. 

B. Upland Game Hunting. * * * 

1. Condition A1 applies. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. You may only participate in the 

refuge quota deer hunts with a special 

quota permit issued through random 

drawing. Information for permit 

applications is available at the refuge 

headquarters. You must possess and 

carry a valid refuge permit while 

hunting on the refuge. 

D. Sport Fishing. * * * 

* * * * * 

4. We allow fishing on interior refuge 

impoundments from 1⁄2 hour before 

legal sunrise to 1⁄2 hour after legal 

sunset. 

* * * * * 

■ 26. Amend §32.63 Texas by: 

■ a. Revising paragraphs C.6. and C.7. of 

Aransas National Wildlife Refuge; 

■ b. Revising the introductory text of 

paragraph A., revising paragraphs A.1., 

A.4., and A.6., revising the introductory 

text of paragraph B., revising paragraphs 

B.1., B.6., and B.8., and adding 

paragraphs B.9. and B.10. of Balcones 

Canyonlands National Wildlife Refuge; 

■ c. Redesignating paragraphs A.1. 

through A.5. as paragraphs A.2. through 

A.6. and adding a new paragraph A.1. 

of Brazoria National Wildlife Refuge; 

and 

■ d. Revising paragraph A.3. of San 

Bernard National Wildlife Refuge to 

read as follows: 


jlentini on DSKJ8SOYB1PROD with RULES2
45698 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

§ 32.63 Texas. 

* * * * * 

Aransas National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

6. We allow archery hunting within 

the deer season for the county on 

specified days listed in the refuge hunt 

brochure. 

7. We allow firearm hunting within 

the deer season for the county on 

specified days listed in the refuge hunt 

brochure. 

* * * * * 

Balcones Canyonlands National 

Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of mourning, white-wing, 

rock, and Eurasian-collared doves on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunting on the refuge 

during limited periods of the Statedesignated hunting season. We publish 

these dates in the annual refuge hunting 

brochure. 

* * * * * 

4. We require all hunters to obtain 

and possess a refuge permit and pay a 

hunt fee. 

* * * * * 

6. All hunters must be age 12 or older. 

An adult age 21 or older must supervise 

hunters ages 12-17 (inclusive). 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of turkey on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1, A3, A4, A7, and A8 

apply. 

* * * * * 

6. We annually establish bag limits for 

turkey and publish these bag limits in 

the annual hunt brochure. 

* * * * * 

8. We require that hunters check-in all 

harvested game at the refuge check 

station on the day of the hunt. 

9. We allow use of portable hunting 

stands. They may be set up during 

scouting week, but must be removed 

when a hunter’s permit expires (see 

§27.93 of this chapter). We prohibit 

hunters from driving nails, spikes, or 

other objects into trees or hunting from 

stands secured with objects driven into 

trees (see §27.61 of this chapter). 

10. We prohibit hunting within 50 

yards (45 m) of adjoining private 

property lines or from a road open to 

vehicular traffic and/or within 200 

yards (180 m) of a building. 

* * * * * 

Brazoria National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

1. We require permits and payment of 

fees for the Otter Slough Permit 

Waterfowl Hunt. Hunters must abide by 

all terms and conditions set forth by the 

permit. 

* * * * * 

San Bernard National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

3. We require permits and payment of 

fees for the Sargent Permit Waterfowl 

Hunt and Light Goose Conservation 

Order Season Permit Hunt Area. 

Hunters must abide by all terms and 

conditions set by the permits. 

* * * * * 

■ 27. Amend §32.66 Virginia by: 

■ a. Revising paragraphs C. and D.1., 

D.5., D.6., D.7.iv., and D.7.v. of Back Bay 

National Wildlife Refuge; 

■ b. Revising paragraph C.1.i. of 

Chincoteague National Wildlife Refuge; 

■ c. Revising the introductory text of 

paragraph C., paragraphs C.1. through 

C.5., and C.8. through C.11. of Great 

Dismal Swamp National Wildlife 

Refuge; 

■ d. Revising paragraph C. of James 

River National Wildlife Refuge; 

■ e. Revising paragraph A. of Plum Tree 

Island National Wildlife Refuge; 

■ f. Revising paragraph C. of Presquile 

National Wildlife Refuge; and 

■ g. Revising paragraph C. and D. of 

Rappahannock River Valley National 

Wildlife Refuge to read as follows: 

§ 32.66 Virginia. 

* * * * * 

Back Bay National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and feral 

hogs on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. The State determines hunting 

seasons annually, usually beginning 

October 1 and ending in early January. 

We conduct the deer and hog hunt on 

the barrier spit of the refuge for a 

minimum of 7 days in October. We will 

close the refuge for all other public uses 

on those days. 

2. Hunters must present their Hunter 

Safety Education Certification and 

required licenses at check-in. 

3. Hunters must register on each hunt 

day. We will issue a Special Use 

Hunting Permit, which hunters must 

sign and carry on their person while 

hunting. 

4. The hunt lottery system (run 

through a contractor) may be accessed 

through Back Bay National Wildlife 

Refuge, Virginia Department of 

Conservation & Recreation, and The 

Virginia Game and Inland Fisheries 

website. Selected hunters will receive a 

‘‘Successful Hunter Selection Packet’’ 

from the contractor by mail. 

5. All selected and standby applicants 

must enter the refuge between 4 a.m. 

and 5 a.m. on each hunt day. We may 

issue standby hunters permits to fill 

vacant slots by lottery. All hunters must 

check out at the Check Station no later 

than 6 p.m. 

6. Hunters must sign in and out on 

each hunt day. 

7. We prohibit use of dogs. 

8. We prohibit possession of alcoholic 

beverages (see §32.2(j)). 

9. You must be at least age 18 to hunt 

without an accompanying, qualified 

adult. Youths between ages 12 and 18 

may hunt only when accompanied by a 

licensed hunter who is age 21 or older. 

10. Each hunter must visibly wear a 

minimum of 400 square inches (2,600 

cm2) of solid-colored, blaze-orange 

material on his or her head, chest, and 

back. This is the equivalent of a hat and 

vest for each hunter. 

11. Hunting Zone 5 is for use by 

nonambulatory hunters. A 

nonambulatory hunter is someone who 

can provide medical documentation 

from a doctor that he or she is unable 

to walk. 

12. We allow scouting one week prior 

to the first day of the refuge hunt. 

Hunters may enter the hunt zones by 

foot or bicycle only. Scouts must wear 

400 square inches (2,600 cm2) of visible 

blaze orange. We require hunters to sign 

in and out on each day of scouting. 

13. Hunters may go to Hunt Zone 1 

(Long Island) only by hand-launched 

watercraft (canoe, punt, rowboat, etc.) 

from the canoe launch at refuge 

headquarters. Your boat must meet 

Coast Guard safety requirements. We 

prohibit use of boats on trailers. 

14. A Safety Zone runs from the 

Check Station to north of the 

headquarters parking lot. We prohibit 

hunting or discharging of firearms 

within the Safety Zone. We prohibit 

retrieval of crippled game from a ‘‘No 

Hunting Area’’ or ‘‘Safety Zone’’ 

without the consent of the refuge 

employee on duty at the Check Station. 

15. We prohibit use of tree stands. 

16. We prohibit use of the ‘‘Hacking 

Tower’’ in Hunt Zone 4. 

D. Sport Fishing. * * * 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45699 

1. We close all areas within the 

hunting zones, as well as the oceanfront, 

to fishing, crabbing, and clamming 

during the annual refuge white-tailed 

deer and feral hog hunt. 

* * * * * 

5. Anglers may access the refuge for 

sport fishing, crabbing, and clamming 

from the refuge headquarters parking lot 

only by foot, bicycle, and nontrailered 

boats. 

6. Anglers may surf fish, crab, and 

clam south of the refuge’s beach access 

ramp. 

7. * * * 

iv. Anglers must catch and release 

smallmouth bass, largemouth bass, and 

pickerel. The daily creel limit for D Pool 

for other species is a maximum 

combination of any 10 fish. 

v. Parking for nonambulatory visitors 

is available adjacent to the dock at D 

Pool. All other visitors must hike in or 

bicycle in. 

Chincoteague National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

1. General hunt information: 

i. You must possess and carry a refuge 

permit. Hunting brochures containing 

hunting application procedures, 

seasons, bag limits, methods of hunting, 

maps depicting areas open to hunting, 

and the terms and conditions under 

which we issue hunting permits are 

available from the refuge administration 

office. 

* * * * * 

Great Dismal Swamp National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and bear on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. You must possess and carry a 

refuge permit and compass. 

2. We allow shotguns, 20 gauge or 

larger, loaded with buckshot or rifled 

slugs, and bows and arrows, and 

crossbows. For the bear hunt in 

Virginia, we allow only shotguns, 20 

gauge or larger, with slugs. 

3. We prohibit dogs. 

4. You must wear 400 square inches 

(2,600 cm2) of solid-colored, hunterorange clothing or material in a visible 

manner during firearms big game 

season. 

5. You must sign in and out each time 

you enter and leave the refuge. 

* * * * * 

8. We prohibit shooting from, onto, or 

across refuge roads, including roads 

closed to vehicles. 

9. You must check-in all harvested 

bears at the refuge official check station. 

10. We prohibit baiting or hunting 

over bait (see §32.2(h)). 

11. We prohibit possession of 

alcoholic beverages (see §32.2(j)). 

* * * * * 

James River National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require firearm hunters to 

purchase a refuge hunt permit at the 

Refuge Hunter Check Station on the 

morning of each hunt on a first-come, 

first-served basis. The permit must be in 

the possession of the hunter while on 

refuge property. 

2. We require archery hunters to 

purchase a refuge hunt permit by mail, 

by the designated application deadline. 

Archery hunters must contact the 

Charles City Office at (804) 829-9020 to 

apply for a permit. You must possess 

the permit while on refuge property. 

3. You must follow all conditions of 

the hunting permit. 

4. We allow the use of shotguns (20- 

gauge or larger, loaded with buckshot 

only), muzzleloaders, archery, and 

crossbows on designated refuge hunt 

days. 

5. We allow the take of two deer of 

either sex per day. 

6. We prohibit dogs. 

7. We allow only portable tree stands 

that hunters must remove at the end of 

each hunt day. 

8. During firearm seasons, hunters 

must wear in a visible manner on head, 

chest, and back a minimum of 400 

square inches (2,600 cm2) of solidcolored, hunter-orange clothing or 

material. 

9. During archery-only season, 

hunters must wear in a visible manner 

a solid-colored, hunter-orange hat or cap 

while moving to and from their stand. 

10. We require that firearm hunters 

remain within 25 feet (7.5 m) of their 

assigned stand unless tracking or 

retrieving a wounded deer. 

11. Hunters may retrieve wounded 

deer from closed areas with prior 

consent from a refuge employee. 

12. We prohibit the discharge of 

firearm or archery equipment across or 

within refuge roads, including roads 

closed to vehicles. 

13. You must be at least age 18 to 

hunt without an accompanying, 

qualified adult. Youth hunters between 

ages 12 and 17 may hunt only when 

accompanied by an adult age 21 or older 

who must also possess and carry a valid 

hunting license. The minimum age for 

hunters is 12. 

* * * * * 

Plum Tree Island National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of waterfowl, gallinule, 

and coot on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. You must possess and carry a 

signed Special Use Hunting Permit 

while hunting migratory game birds on 

the refuge. We open only the Cow Island 

area of the refuge to migratory game bird 

hunting. We close all other areas of the 

refuge to all public entry. You may 

obtain permit application information 

by contacting the Charles City Office at 

(804) 829-9020. 

2. We will determine hunting 

locations, dates, and times by lottery. 

We will designate them on hunting 

permits. 

3. We prohibit jump-shooting by foot 

or boat. We allow hunting from a blind 

only as determined by hunting permit. 

4. You must follow all conditions of 

your hunt permit. 

5. We prohibit any activity that 

disturbs the bottom, including landing 

boats, anchoring, driving posts, etc., 

within the refuge boundary and within 

the U.S. Army Corps of Engineersdesignated Danger Zone around Plum 

Tree Island. 

* * * * * 

Presquile National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require you to purchase a refuge 

hunt permit. You may obtain permit 

information by contacting the Charles 

City Office at (804) 829-9020. You must 

possess the permit while on refuge 

property. 

2. You must follow all conditions of 

the hunting permit. 

3. We allow the use of shotguns (20- 

gauge or larger, loaded with buckshot or 

rifled slugs). 

4. We allow the take of two deer of 

either sex per day. 

5. We prohibit dogs. 

6. We allow only portable tree stands 

that hunters must remove at the end of 

each hunt day. 

7. We require hunters to wear in a 

conspicuous manner on head, chest, 

and back a minimum of 400 square 

inches (2,600 cm2) of solid-colored, 

hunter-orange clothing or material. 


jlentini on DSKJ8SOYB1PROD with RULES2
45700 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 

8. You must be at least age 18 to hunt 

without an accompanying, qualified 

adult. Youth hunters between ages 12 

and 17 may hunt only when 

accompanied by an adult age 21 or older 

who must also possess and carry a valid 

hunting license. The minimum age for 

hunters is 12. 

* * * * * 

Rappahannock River Valley National 

Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require hunters to purchase a 

refuge hunt permit. You may obtain 

permit application information by 

contacting Refuge Headquarters at (804) 

333-1470. You must possess the permit 

while on refuge property. 

2. You must follow all conditions of 

the hunting permit. 

3. We allow shotgun, muzzleloader, 

and archery hunting on designated 

refuge hunt days. 

4. We allow the take of two deer per 

day. We will determine the sex of the 

deer on the hunting permit. 

5. We prohibit dogs. 

6. We allow only portable tree stands 

that hunters must remove at the end of 

each hunt day. 

7. We require firearm hunters to wear 

in a conspicuous manner on head, 

chest, and back a minimum of 400 

square inches (2,600 cm2) of solidcolored, hunter-orange clothing or 

material. 

8. During archery-only season, 

hunters must wear in a visible manner 

a solid-colored, hunter-orange hat or cap 

while moving to and from their stand. 

9. We prohibit the discharge of 

firearm or archery equipment across or 

within refuge roads, including roads 

closed to vehicles. 

10. Hunters may retrieve wounded 

deer from closed areas only with prior 

consent from a refuge employee. 

11. You must be at least age 18 to 

hunt without an accompanying, 

qualified adult. Youth hunters between 

ages 12 and 17 may hunt only when 

accompanied by an adult age 21 or older 

who must also possess and carry a valid 

hunting license. The minimum age for 

hunters is 12. 

D. Sport Fishing. We allow fishing on 

designated areas of Wilna Pond in 

Richmond County in accordance with 

State regulations subject to the 

following conditions: 

1. We allow fishing access from legal 

sunrise to legal sunset. 

2. We allow fishing from the Wilna 

Pond pier, banks of the dam, and 

watercraft. We prohibit fishing from the 

aluminum catwalk. 

3. All Virginia boating laws apply on 

Wilna Pond, including personal 

flotation device (PFD) requirements and 

State motor boat registration for vessels 

under power. 

4. During the period when we open 

the Wilna Tract for deer hunting, we 

will close it to all other uses, including 

fishing. 

5. We prohibit fishing by any means 

other than by use of one or more 

attended poles with hook and line 

attached. 

6. We prohibit the use of lead sinkers. 

7. We require catch and release 

fishing only for largemouth bass. You 

may take other finfish species in 

accordance with State regulations. 

8. We prohibit the take of any reptile, 

amphibian, or invertebrate species for 

use as bait or for any other purpose. 

9. We prohibit the use of live 

minnows as bait. 

10. We prohibit the use of boats 

propelled by gasoline motors, sail, or 

mechanically operated paddle wheel. 

We allow only car-top boats, and we 

prohibit trailers. 

11. We will give prescheduled 

environmental education field trips 

priority over other uses, including sport 

fishing, on the Wilna Pond pier at all 

times. 

* * * * * 

■ 28. Amend §32.67 Washington by 

adding paragraphs A.3. through A.16. of 

Ridgefield National Wildlife Refuge to 

read as follows: 

§ 32.67 Washington. 

* * * * * 

Ridgefield National Wildlife Refuge 

A. Migratory Game Bird Hunting.

* * * 

* * * * * 

3. We prohibit hunting of dusky 

Canada goose. The State defines dusky 

Canada goose as a dark goose, as 

determined by a Munsell color chart 10 

YR, 5 or less, with a culmen length of 

40 to 50 millimeters (1.6 to 2 inches). 

Hunting of dusky goose will result in 

invalidation of the refuge hunting 

permit and loss of refuge hunting 

privileges for the remainder of the 

waterfowl hunting season. 

4. We allow hunting on designated 

portions of the River ‘‘S’’ Unit on 

Tuesdays, Thursdays, and Saturdays, 

excluding Federal holidays, during the 

regular State waterfowl hunting season. 

5. Prior to entering the hunt area, you 

must pay a recreation user fee, obtain a 

blind assignment, and obtain a checkout card. You must carry the check-out 

card while hunting as proof of user fee 

payment. 

6. We allow access to the refuge check 

station 2 hours before legal shooting 

time. We require hunters to depart the 

refuge no later than 1 hour after legal 

shooting time. 

7. We allow entry to the hunt area 

during hunt days for the purpose of 

hunting only. We prohibit entry to the 

hunt area for scouting, sight-seeing, or 

other purposes. 

8. We allow hunting only from 

designated permanent blinds. We 

prohibit all hunting outside the 

designated blinds, including hunting 

from temporary blinds or jump 

shooting. 

9. We allow a maximum of three 

persons per hunting blind. 

10. We prohibit additional hunters to 

join a hunt party after the party has 

checked in. 

11. You may possess only approved 

nontoxic shotshells (see §32.2(k)) in 

quantities of 25 or less per day. 

12. Hunters must leash all dogs except 

when hunting at the designated blind 

(see §26.21(b) of this chapter). 

13. Hunters must complete an 

accurate check-out card and submit it to 

the check station before leaving the 

refuge. 

14. We require all hunters switching 

blinds to first report to the refuge check 

station, complete a check-out card for 

the blind being vacated, and obtain a 

new check-out card for the new blind. 

15. We reserve Blind 1A for exclusive 

use by hunters with permanent 

disabilities who possess a valid State 

Disabled Hunter Permit and who qualify 

under WAC 232-12-282. Blind 1A may 

also be occupied by nonhunters who are 

assisting the disabled hunters. 

16. We allow vehicles only on 

designated routes of travel and require 

hunters to park in designated parking 

areas (see §27.31 of this chapter). We 

prohibit off-road vehicle travel, and all 

use of ATVs (see §27.31(f) of this 

chapter). 

* * * * * 

■ 29. Amend §32.68 West Virginia by 

revising paragraph A.1., revising the 

introductory text of paragraph C. and 

adding paragraph D.4. of Ohio River 

Islands National Wildlife Refuge to read 

as follows: 

§ 32.68 West Virginia. 

* * * * * 

Ohio River Islands National Wildlife 

Refuge 

A. Migratory Game Bird Hunting.

* * * 


jlentini on DSKJ8SOYB1PROD with RULES2
Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Rules and Regulations 45701 

1. We require each hunter to possess 

and carry a refuge hunting permit, State 

hunting license, and valid driver’s 

license (or other photo identification 

card) at all times when hunting on the 

refuge. The refuge hunting permit is 

free, and you may obtain it at the refuge 

headquarters. 

* * * * * 

C. Big Game Hunting. We allow 

archery hunting of white-tailed deer on 

designated areas of the refuge 

(Pennsylvania: Phillis Island, 

Georgetown Island; West Virginia: 

Paden Island, Captina Island, Captina 

Mainland, Fish Creek Island, 

Williamson Island, Witten Towhead, 

Wells Island, Mill Creek Island, 

Grandview Island, Grape/Bat Island, 

zoned area of Middle Island, Broadback 

Island, Buckley Island, Buckley 

Mainland, Muskingum Island, Neal 

Island, Buffington Island, Letart Island; 

and Kentucky: Manchester 1 Island, 

Manchester 2 Island) in accordance with 

State regulations subject to the 

following conditions: 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

4. We prohibit trotlines (setlines) and 

turtle lines. 

Dated: August 20, 2009. 

Will Shafroth 

Acting Assistant Secretary for Fish and 

Wildlife and Parks 

[FR Doc. E9–21027 Filed 9–2– 09; 8:45 am] 

4310–55–S 


jlentini on DSKJ8SOYB1PROD with RULES2