40080 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

estimated that migratory bird hunters

would spend between $254 and $592

million at small businesses in 1996. The

approval of tungsten-iron as an

alternative shot to steel and bismuth-tin

will have a minor positive impact on

small businesses by allowing them to

sell a third nontoxic shot to the hunting

public. However, the overall effect to

hunting expenditures in general would

be minor. Therefore, the Service

determined this rule will have no effect

on small entities since the approved

shot merely will supplement nontoxic

shot already in commerce and available

throughout the retail and wholesale

distribution systems. The Service

anticipates no dislocation or other local

effects, with regard to hunters and

others. This rule was not subject to

Office of Management and Budget

(OMB) review under Executive Order

12866. The Service has examined this

regulation under the Paperwork

Reduction Act of 1995 and found it to

contain no information collection

requirements. However, the Service

does have OMB approval (1018–0067;

expires 06/30/2000) for information

collection relating to what

manufacturers of shot are required to

provide the Service for the nontoxic

shot approval process. For further

information see 50 CFR 20.134.

Unfunded Mandates Reform

The Service has determined and

certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502, et seq.,

that this rulemaking will not impose a

cost of $100 million or more in any

given year on local or State government

or private entities.

Civil Justice Reform—Executive Order

12988

The Service, in promulgating this

rule, determines that these regulations

meet the applicable standards provided

in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting

and recordkeeping requirements,

Transportation, Wildlife.

Accordingly, the Service proposes to

amend Part 20, Subchapter B, Chapter 1

of Title 50 of the Code of Federal

Regulations as follows:

PART 20—[AMENDED]

1. The authority citation for Part 20

continues to read as follows:

Authority: 16 U.S.C. 703–712; and 16

U.S.C. 742 a–j.

2. Amend Section 20.21 by revising

paragraph (j)(2) to read as follows:

§ 20.21 Hunting methods.

* * * * *

(j) * * *

(2) Tungsten-iron shot (nominally 40

parts tungsten: 60 parts iron with <1

percent residual lead) is legal as

nontoxic shot for the 1998–99 migratory

bird hunting season, except in the

Yukon-Kuskokwim (Y–K) Delta, Alaska.

Dated: July 14, 1998.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 98–19891 Filed 7–24–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018–AE68

1998–99 Refuge-Specific Hunting and

Fishing Regulations

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service

(Service) proposes to add additional

national wildlife refuges (refuges) to the

list of areas open for hunting and/or

sport fishing, along with pertinent

refuge-specific regulations for such

activities; and amend certain regulations

on other refuges that pertain to

migratory game bird hunting, upland

game hunting, big game hunting and

sport fishing for the 1998–99 seasons.

DATES: Comments may be submitted on

or before August 26, 1998.

ADDRESSES: Assistant Director—Refuges

and Wildlife, U.S. Fish and Wildlife

Service, 1849 C Street, NW, MS 670

ARLSQ, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, at the above address;

Telephone (703) 358–2397; Fax (703)

358–1826.

SUPPLEMENTARY INFORMATION: National

wildlife refuges generally are closed to

hunting and sport fishing until opened

by rulemaking. The Secretary of the

Interior (Secretary) may open refuge

areas to hunting and/or fishing upon a

determination that such uses are

compatible with the mission of the

System or purpose(s) for which

individual refuges were established. The

action also must be in accordance with

provisions of all laws applicable to the

areas, must be consistent with the

principles of sound fish and wildlife

management and administration.

Management is intended to ensure that

the biological integrity, diversity, and

environmental health of the System are

maintained for the benefit of present

and future generations of Americans,

and otherwise must be in the public

interest.

The Service reviews refuge hunting

and fishing programs annually to

determine whether to add additional

refuges or whether individual refuge

regulations governing existing programs

need modification, deletion or additions

made to them. Changing environmental

conditions, State and Federal

regulations, and other factors affecting

wildlife populations and habitat may

warrant modifications ensuring

continued compatibility of hunting and

fishing programs and that these

programs will not materially interfere

with or detract from the fulfillment of

the mission of the System or the

purposes of the refuge.

50 CFR part 32 contains provisions

governing hunting and fishing on

national wildlife refuges. Hunting and

fishing are regulated on refuges to:

• Ensure compatibility;

• Properly manage the fish and

wildlife resource;

• Protect other refuge values; and

• Ensure refuge user safety.

On many refuges, the Service policy

of adopting regulations identical to State

hunting and fishing regulations is

adequate in meeting these objectives.

On other refuges, it is necessary to

supplement State regulations with more

restrictive Federal regulations to ensure

that the Service meets its management

responsibilities, as outlined under the

section entitled ‘‘Statutory Authority.’’

The Service issues refuge-specific

hunting and fishing regulations when a

wildlife refuge is opened to either

migratory game bird hunting, upland

game hunting, big game hunting or sport

fishing. These regulations list the

wildlife species that may be hunted or

are subject to sport fishing, seasons, bag

limits, methods of hunting or fishing,

descriptions of open areas, and other

provisions as appropriate. 50 CFR part

32 contains previously issued refugespecific regulations for hunting and

fishing. The Service promulgates many

of the amendments to these sections to

standardize and clarify the existing

language of these regulations.

The Service proposes to revise

nontoxic shot provisions for hunting

upland game on Waterfowl Production

Areas and other areas of the National

Wildlife Refuge System (System).

Specifically part 32 would prohibit

the use or possession of toxic shotgun

pellets by upland game hunters onto

Waterfowl Production Areas and other

areas of the System. The only shot
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40081

allowed in areas of the System would be

specifically identified in 50 CFR 20.21

(j). The currently approved shot listed in

that regulation are: steel, bizmuth-tin

and tungsten-iron. Refuge wildlife

ingest toxic lead by-products of refuge

public hunting programs through their

feeding habits and die from lead

poisoning. The Service permits hunting

programs on many areas of the System

in accordance with existing

management plans, policy procedures

and regulations.

In the August 16, 1995 issue of the

Federal Register (60 FR 42668), the

Service published a proposed

regulations that would require hunters

to use nontoxic shot while hunting on

certain refuges, because of the

likelihood of depositing toxic lead shot

pellets on the land, with resulting

impacts to waterfowl and other

migratory birds. In 1992, the Service

first required nontoxic shot on all areas

of the System while hunting waterfowl.

In the December 4, 1995 Federal

Register (60 FR 62035), the Service

published an evaluation of public

comments received in the previously

issued proposed rule and announced

that it had decided to delay nontoxic

shot implementation for hunting upland

game until the 1996–97 hunting season

on those refuges it had proposed to

convert to nontoxic shot during the

1995–96 season. The Service also

announced delay of implementation of

this regulation in Alaska until the 1997–

98 season, to allow coordination with

the State and the outlying native

villages. The Service also announced it

had decided to delay implementation of

this regulation with regard to Waterfowl

Production Areas principally in the

Dakotas, Iowa, Minnesota, Montana, and

Wisconsin, until the 1998–99 season.

The Service took these actions to

allow adequate time for additional

coordination and educational outreach

with the affected States, hunting

organizations and the general public on

the effects of toxic lead shot to

waterfowl and other migratory birds.

The Service requested voluntary hunter

use of nontoxic shotshells until

implementing specific rules.

Lead shot from hunters’ shotguns

deposited onto open and ice-covered

wetlands, seasonally flooded habitats,

and upland habitats in close proximity

to these wetlands is toxic to waterfowl

that directly ingest lead products during

feeding, and secondarily toxic to

predators and carrion feeders that

consume these toxic wildlife carcasses.

The documented scientific evidence is

clear in this regard. Information not

adequately communicated to some

hunters and habitat managers for their

consideration is the effect of this

deposition of toxic lead shot onto these

marginal or fringe wetland areas by

hunting activities other than waterfowl

and coot hunting. Nationwide, efforts by

the Service, State wildlife agencies, and

several conservation organizations have

been ongoing to educate the public and

activate programs to reduce this threat

to waterfowl, raptors and other

susceptible wildlife species. A

scientifically recognized toxic lead

problem exists on these adjoining

upland areas. Lead pellets ingested by

waterfowl and secondarily by raptors,

including eagles, results in the death of

these animals due to toxic lead

poisoning. Waterfowl ingest lead shot

pellets deposited during upland or

small game hunting on dry areas that are

subject to seasonal flooding, while

feeding in these areas during high water

periods and are vulnerable to lead

poisoning. This proposed rule will

significantly reduce this threat to

wildlife.

Scientific information on the

‘‘Toxicity of Lead Shot to Wildlife’’ may

be obtained by calling the U.S. Fish and

Wildlife Reference Service at 1–800–

582–3421 or by accessing the

bibliographic databases information

directly on the INTERNET at ‘‘http://

www.fws.gov/fwrefser.html’’.

The Service determines that uses in

this proposed rule are compatible. The

Service further determined that this

proposed action is:

• In accordance with the provisions

of all applicable laws;

• Consistent with principles of sound

fish and wildlife management and

administration;

• Consistent with the principles of

available science and resources;

• Helps implement Executive Orders

12996 (Management and Public Use of

the National Wildlife Refuge System)

and 12962 (Recreational Fisheries); and

• Is otherwise in the public interest

by providing additional recreational

opportunities at national wildlife

refuges.

Sufficient funds will be available

within the refuge budgets to operate the

hunting and sport fishing programs as

proposed.

Request for Comments

Department of the Interior policy is,

whenever practicable, to afford the

public a meaningful opportunity to

participate in the rulemaking process. A

30-day comment period is specified in

order to facilitate public input.

Consideration was given to providing a

60-day comment period, however, the

Service determined that an additional

30 day delay in processing these refugespecific hunting and fishing regulations

would hinder the effective planning and

administration of hunting and fishing

programs. Specifically, a delay of an

additional 30 days would jeopardize

holding the hunting or fishing programs

this year, or shorten their duration and

thereby lessen the management

effectiveness of this regulation. Many of

these rules also relieve restrictions and

allow the public to participate in

recreational activities on a number of

refuges. In addition, good cause exists in

that, in order to continue to provide for

previously authorized hunting

opportunities while at the same time

provide for adequate resource

protection, the Service must be timely

in providing modifications to certain

hunting programs on some refuges.

Accordingly, good cause exists to limit

the comment period to 30 days.

Interested persons may submit written

comments concerning this proposed

rule to the person listed above under the

heading ADDRESSES. All substantive

comments will be reviewed and

considered.

Statutory Authority

The National Wildlife Refuge System

Administration Act (NWRSAA) of 1966,

(16 U.S.C. Sec. 668dd–668ee), and the

Refuge Recreation Act (RRA) of 1962 (16

U.S.C. 460k–460K–4), govern the

administration and public use of

national wildlife refuges.

The National Wildlife Refuge System

Improvement Act (NWRSIA) of 1997

(Pub. L. 105–57) is the latest

amendment to the NWRSAA. It amends

and builds upon the NWRSAA in a

manner that provides an improved

‘‘Organic Act’’ for the Refuge System

similar to those which exist for other

public lands. It serves to ensure that the

System is effectively managed as a

national system of lands, waters and

interests for the protection and

conservation of our nation’s wildlife

resources. The NWRSAA states first and

foremost that the mission of the System

be focused on conservation of fish,

wildlife, and plant resources and their

habitat. This Act prevents the Secretary

from initiating or permitting a new use

of a refuge or expanding, renewing, or

extending an existing use of a refuge,

unless the Secretary has determined that

the use is a compatible use and that the

use is not inconsistent with public

safety.

The RRA, authorizes the Secretary to

administer areas within the System for

public recreation as an appropriate

incidental or secondary use only to the

extent that it is practicable and not

inconsistent with the primary

purpose(s) for which the areas were
40082 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

established. This Act requires that any

recreational use of refuge lands be

compatible with the primary purposes

for which a refuge was established and

not inconsistent with other previouslyauthorized operations.

The NWRSAA, and RRA, also

authorize the Secretary to issue

regulations to carry out the purposes of

the Acts and regulate uses.

Hunting and sport fishing plans are

developed for each existing refuge prior

to opening it to hunting or fishing. In

many cases, the Service develops

refuge-specific regulations to ensure the

compatibility of the programs with the

purposes for which the refuge was

established. Initial compliance with the

NWRSAA and the RRA has been

ensured for hunting and sport fishing on

newly acquired refuges through an

interim determination of compatibility

made at the time of acquisition. This

ensures that the determinations required

by these acts are made prior to the

addition of refuges to the lists of areas

open to hunting and fishing in 50 CFR

part 32. The Service ensures continued

compliance by the development of longterm hunting and sport fishing plans

and by annual review of hunting and

sport fishing programs and regulations.

In preparation for new openings, the

following documents are included in

the refuge’s ‘‘openings package’’ for

Regional review and approval from the

Washington Office: an interim hunting

and fishing management plan; a Section

7 determination pursuant to the

Endangered Species Act, that these

openings will have no effect, or are not

likely to have an adverse effect, on

listed species or critical habitats; a letter

of concurrence from the affected State;

interim compatibility determination;

and refuge-specific regulations to

administer the hunting and/or fishing

programs. Upon review of these

documents, the Service, acting for the

Secretary, has determined that the

opening of these National Wildlife

Refuges to hunting and fishing is

compatible with the principles of sound

fish and wildlife management and

administration and otherwise will be in

the public interest.

The following wildlife-dependent

recreational activities are proposed:

Hunting of migratory game birds,

upland game and big game is proposed

to start at Canaan Valley National

Wildlife Refuge, West Virginia.

Hunting of migratory game birds and

upland game is proposed to be opened

for the first time on Key Cave National

Wildlife Refuge, Alabama.

Hunting of Migratory Game Birds and

sport fishing is proposed to open at

Trustom Pond National Wildlife Refuge,

Rhode Island.

Sport fishing is proposed to be

opened for the first time at Breton

National Wildlife Refuge, Louisiana;

Amagansett, Oyster Bay, Seatuck and

Target Rock National Wildlife Refuges,

New York; Block Island, Ninigret,

Pettaquamscutt Cove and Sachuest

Point National Wildlife Refuges, Rhode

Island; Dungeness and Nisqually

National Wildlife Refuges, Washington;

Guam, Kilauea Point and Midway Atoll

National Wildlife Refuges, Pacific

Islands Territory. The remaining

regulations represent revisions to

existing refuge specific regulations.

In accordance with the NWRSAA and

the RRA, the Service has determined

that these openings are compatible and

consistent with the primary purposes

for which the refuge was established.

Need for This Regulation

The Service proposes to add

additional refuges to the list of areas

open for hunting and/or sport fishing,

along with pertinent refuge-specific

regulations for such activities; and

amend certain regulations on other

refuges that pertain to migratory game

bird hunting, upland game hunting, big

game hunting and sport fishing for the

1998–99 seasons. On many refuges, the

Service policy of adopting regulations

identical to State regulations is adequate

in meeting National Wildlife Refuge

System objectives. On other refuges, it is

necessary to supplement State

regulations with more restrictive

Federal regulations to ensure that the

Service meets its management

responsibilities, as outlined under the

section entitled ‘‘Statutory Authority’’

in the proposed rule. The Service issues

refuge-specific regulations when

opening a national wildlife refuge or

modifying the various uses of a refuge,

and for all hunting or sport fishing.

These regulations list the prohibited

uses, limited uses and those activities

that are available without restriction.

They also list those wildlife species that

may be hunted or fished for along with

the respective, seasons, bag limits,

methods of hunting or fishing,

descriptions of open areas, and other

provisions as appropriate. Many of the

amendments to these sections in this

proposed regulation are promulgated to

provide greater restriction and clarify

the existing language of existing

regulations and should result in less

violations of refuge regulations.

Why Alternative Approaches Are Not

Feasible

Refuge officers process violations

notices through the Federal District

Court’s Violation Notice procedures.

U.S. Magistrates have required refuge

regulations to be printed in the Code of

Federal Regulations before they will

accept refuge violations into their

courts. Federal recreation regulations

are not prosecuted in the State courts,

and voluntary compliance of regulations

has not been successful.

Authority Under Which This Rule Will

be Published

The National Wildlife Refuge System

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

Sec. 668dd (b)(5) and (d)(1)).

Regulatory Planning and Review

In accordance with the criteria in

Executive Order 12866, this rule is not

a significant regulatory action.

a. This rule will not have an annual

economic effect of $100 million or

adversely affect an economic sector,

productivity, jobs, the environment, or

other units of government. A costbenefit and economic analysis is not

required. This proposed rule is

administrative, legal, technical and

procedural in nature and makes only

minor modifications to existing refuge

public use programs. The proposed

regulations do not liberalize refuge

regulations, but clarifies what a refuge

visitor may or may not do on a refuge.

b. This rule will not create

inconsistencies with other agencies’

actions. Recreational use on National

Wildlife Refuges is coordinated with

State governments as well as other

Federal agencies having adjoining or

over-lapping jurisdiction before the

regulations are proposed. The proposed

regulation is consistent with, and not

less restrictive than, other agencies’

rules.

c. This rule will not materially affect

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients. The provisions of

this proposed rule only applies to

persons involved in wildlife-dependent

public use including regulated hunting

and sport fishing on National Wildlife

Refuges, which is a privilege and not a

right. User fees will not change as a

result of this rule.

d. This rule will not raise novel legal

or policy issues. The Solicitor’s office

has reviewed and approved the contents

of this proposed rule.

Regulatory Flexibility Act

I 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 USC 601 et seq.). A final

Regulatory Flexibility Analysis is not
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40083

attached. Accordingly, a Small Entity

Compliance Guide is not required.

This rulemaking will not have a

significant economic impact on a

substantial number of small entities.

The National Wildlife Refuge System

was created to conserve fish, wildlife,

and plants and their habitats. This

conservation mission has been

facilitated by providing Americans

opportunities to visit and participate in

compatible wildlife-dependent

recreation, including fishing, hunting,

wildlife observation and photography,

and environmental education and

interpretation as priority public uses on

National Wildlife Refuges and to better

appreciate the value of, and need for,

fish and wildlife conservation.

This proposed rule is administrative,

legal, technical and procedural in nature

and provides for minor changes to the

methods of hunting and fishing

permitted within the National Wildlife

Refuge System, but does not stop the

overall use permitted. This proposed

rule will not change the number of

visitors using refuges, nor the amount of

revenue spent in the area of refuges

during these visits. This rulemaking will

have no impact on local economies by

increasing or decreasing visitation and

expenditures in the surrounding area of

national wildlife refuges because this

proposed rule does not restrict visitors

from utilizing refuges, but rather

modifies their behavior while they are

on refuges.

Refuge visitors will continue to

contribute to the local economies at the

same rate for food and lodging,

transportation, fishing and hunting

licenses, binoculars, spotting scopes,

outdoor magazines, sportsman’s club

membership dues, contributions, land

leasing and ownership, hunting and

fishing stamps, tags, permits, arms,

ammunition and fishing tackle.

Economic impacts of refuge fishing

and hunting programs on local

communities are calculated from

average expenditures in the ‘‘1996

National Survey of Fishing, Hunting,

and Wildlife-Associated Recreation’’

and ‘‘Banking on Nature: The Economic

Benefits to Local Communities of

National Wildlife Refuge Visitation.’’

In 1996, 77 million U.S. residents,

about 40 percent of the population 16

years old and older, participated in

wildlife-associated recreation activities

expending $101 billion in the United

States. Of this group, 35.2 million

enjoyed a variety of fishing

opportunities and 14 million hunted,

while 62.9 million enjoyed at least one

type of wildlife-watching recreation

activity including observing, feeding or

photographing fish and other wildlife,

in the United States.

Recreational visits to national wildlife

refuges generates substantial economic

activity. In fiscal year 1995, people

visited refuges more than 27.7 million

times for recreation and environmental

education. Their spending generated

$401.1 million of sales in regional

economies. As this spending flowed

through the economy, it generated more

than 10,000 employed people and

$162.9 million in employment income.

This spending should continue at a

proportionate rate into the future.

At these 65 National Wildlife Refuges

included in this proposed regulation,

701,000 fishermen are estimated to

spend $28.7 million annually in pursuit

of their sport, while approximately

343,000 hunters will spend $11.3

million annually hunting on the refuges.

While many of these fishermen and

hunters already make such expenditures

prior to the refuge opening, some of

these additional expenditures directly

are due to the land now being open to

the general public.

The Department of the Interior

certifies that this document will not

have a significant economic effect on a

substantial number of small entities

such as businesses, organizations and

governmental jurisdictions in the area

under the Regulatory Flexibility Act of

1980 (5 U.S.C. 601 et seq.).

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

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

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million or more.

These proposed regulations will affect

only visitors at National Wildlife

Refuges. It will not cause any changes

in the number of visitors using the

refuge, but only limit what they can do

while they are on a refuge. Refer to

response under Regulatory Flexibility

Act.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions. These proposed

regulations will affect only visitors at

National Wildlife Refuges. It will not

cause any changes in the number of

visitors using the refuge, but only limit

what they can do while they are on a

refuge. Refer to response under

Regulatory Flexibility Act.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

These proposed regulations will affect

only visitors at National Wildlife

Refuges. It will not cause any changes

in the number of visitors using the

refuge, but only limit what they can do

while they are on a refuge. Refer to

response under Regulatory Flexibility

Act.

Unfunded Mandates Reform Act

In accordance with the Unfunded

Mandates Reform Act (2 U.S.C. 1501, et

seq.):

a. This rule will not ‘‘significantly or

uniquely’’ affect small governments. A

Small Government Agency Plan is not

required.

b. This rule will not produce a

Federal mandate of $100 million or

greater in any year, i.e., it is not a

‘‘significant regulatory action’’ under

the Unfunded Mandates Reform Act.

Takings

In accordance with Executive Order

12630, the rule does not have significant

takings implications. The Service has

determined that the rule has no

potential takings of private property

implications A takings implication

assessment is not required. These

proposed regulations will affect only

visitors at National Wildlife Refuges. It

will not cause any changes in the

number of visitors using the refuge, but

only limit what they can do while they

are on a refuge. Refer to response under

Regulatory Flexibility Act.

Federalism

In accordance with Executive Order

12612, the rule does not have significant

Federalism effects. A Federalism

assessment is not required. This rule

will not have substantial direct effects

on the States, in their relationship

between the Federal Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

in accordance with Executive Order

12612, the Service has determined that

this rule does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Civil Justice Reform

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that the rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order. The proposed

regulation will clarify established

regulations, and result in better

understanding of the regulations by

refuge visitors. They will be enforced

through the use of U.S. District Court
40084 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

Violation Notice procedures. A refuge

regulation violator can plead guilty and

forfeit a set amount of fine established

at the time of the violation by the refuge

officer. This is completed through the

mail without a court appearance. A

violator can also plead not guilty on the

notice and the Magistrates Court will set

an appearance date and time and notify

both the violator and officer to appear

in Magistrates Court for a hearing and/

or trial,in accordance with U.S. District

Court Rules of Procedure.

Paperwork Reduction Act (44 U.S.C.

3501 et seq., 5 CFR 1320, Pub. L. 04–

13)

This regulation does not contain any

information collection that requires

Office of Management and Budget

approval under the Paperwork

Reduction Act 44 U.S.C. 3501 et seq.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951) and 512

DM 2: We have evaluated possible

effects on Federally recognized Indian

tribes and have determined that there

are no effects.

Section 7 Consultation (16 U.S.C. 1531

et seq., 50 CFR 402)

In preparation for new openings,

Section 7 consultation documents are

included in the refuge’s ‘‘openings

package’’ for Regional review and

approval from the Washington Office.

The Service reviewed the changes in

hunting and fishing herein proposed

with regard to Section 7 of the

Endangered Species Act of 1973 (16

U.S.C. 1531–1543) and finds the

proposed action is not likely to

jeopardize the continued existence of

any endangered species or threatened

species or result in the destruction or

adverse modification of habitat of such

species within the System since the rule

is primarily administrative, legal,

technical or procedural in nature and/or

makes minor modifications to existing

public use programs. The Service

complies with Section 7 of the

Endangered Species Act of 1973 (16

U.S.C. 1531–1543) when developing

comprehensive conservation plans,

refuge public use management plans,

and prior to implementing any new or

revised public recreation program on a

refuge as identified in 50 CFR 26.32

Determinations required by the

Endangered Species Act are also made

on a case-by-case basis before the

addition of a refuge to the lists of areas

open to hunting or fishing as contained

in 50 CFR 32.7.

National Environmental Policy Act

The Service analyzed this rule in

accordance with the criteria of the

National Environmental Policy Act and

318 DM 2.2(g) and 6.3(D). This rule does

not constitute a major Federal action

significantly affecting the quality of the

human environment. An environmental

impact statement/assessment is not

required. The Service ensures

compliance when hunting and sport

fishing plans are developed, and the

determinations required by NEPA are

made prior to the addition of refuges to

the lists of areas open to hunting and

fishing in 50 CFR part 32. The

amendment of refuge-specific hunting

and fishing regulations are subject to a

categorical exclusion from the NEPA

process if they do not significantly alter

the existing use of a particular national

wildlife refuge. The Service exclusion

found at 516 DM 6, App. 1.4 B(5) is

employed here as these amendments are

considered ‘‘[m]inor changes in the

amounts or types of public use on FWS

or State-managed lands, in accordance

with regulations, management plans,

and procedures.’’ These refuge-specific

hunting and fishing regulations simply

qualify or otherwise define a hunting or

fishing activity, for purposes of resource

management. These documents are on

file in the offices of the Service and may

be viewed by contacting the primary

author noted below.

Available Information for Specific

Refuges

Individual refuge headquarters retain

information regarding public use

programs and the conditions that apply

to their specific programs, and maps of

their respective areas. You may also

obtain information from the regional

offices at the addresses listed below:

Region 1—California, Hawaii, Idaho,

Nevada, Oregon, and Washington.

Assistant Regional Director—Refuges

and Wildlife, U.S. Fish and Wildlife

Service, Eastside Federal Complex,

Suite 1692, 911 N.E. 11th Avenue,

Portland, Oregon 97232–4181;

Telephone (503) 231–6214.

Region 2—Arizona, New Mexico,

Oklahoma and Texas. Assistant

Regional Director—Refuges and Wildlife

U.S. Fish and Wildlife Service, Box

1306, Albuquerque, New Mexico 87103;

Telephone (505) 766–1829.

Region 3—Illinois, Indiana, Iowa,

Michigan, Minnesota, Missouri, Ohio

and Wisconsin. Assistant Regional

Director—Refuges and Wildlife, U.S.

Fish and Wildlife Service, Federal

Building, Fort Snelling, Twin Cities,

Minnesota 55111; Telephone (612) 725–

3507.

Region 4—Alabama, Arkansas,

Florida, Georgia, Kentucky, Louisiana,

Mississippi, North Carolina, Tennessee,

South Carolina, Puerto Rico and the

Virgin Islands. Assistant Regional

Director—Refuges and Wildlife, U.S.

Fish and Wildlife Service, 1875 Century

Boulevard, Room 324, Atlanta, Georgia

30345; Telephone (404) 679–7152.

Region 5—Connecticut, Delaware,

District of Columbia, Maine, Maryland,

Massachusetts, New Hampshire, New

Jersey, New York, Pennsylvania, Rhode

Island, Vermont, Virginia and West

Virginia. Assistant Regional Director—

Refuges and Wildlife, U.S. Fish and

Wildlife Service, 300 Westgate Center

Drive, Hadley, Massachusetts 01035–

9589; Telephone (413) 253–8550.

Region 6—Colorado, Kansas,

Montana, Nebraska, North Dakota,

South Dakota, Utah and Wyoming.

Assistant Regional Director—Refuges

and Wildlife, U.S. Fish and Wildlife

Service, Box 25486, Denver Federal

Center, Denver, Colorado 80225;

Telephone (303) 236–8145.

Region 7—Alaska. Assistant Regional

Director—Refuges and Wildlife, U.S.

Fish and Wildlife Service, 1011 E.

Tudor Rd., Anchorage, Alaska 99503;

Telephone (907) 786–3545.

Primary Author: Stephen R. Vehrs,

Refuge Program Specialist, Division of

Refuges, U.S. Fish and Wildlife Service,

Washington, DC 20240, is the primary

author of this proposed 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, the Service proposes to

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–ee, and 715i.

2. Section 32.2 is amended by revising

the heading, the introductory text, and

by adding paragraph (k) to read as

follows:

§ 32.2 General provisions regarding

hunting on areas of the National Wildlife

Refuge System.

The following provisions shall apply

to each person while engaged in public
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40085

hunting on areas of the National

Wildlife Refuge System:

* * * * *

(k) Persons may only use or possess

nontoxic shot identified in 50 CFR

20.21(j) while hunting with shotguns or

muzzleloaders on Waterfowl Production

Areas, or on certain other areas of the

National Wildlife Refuge System as

delineated on maps, leaflets and/or

signs, available at each refuge

headquarters or posted at each refuge, or

as stated in refuge specific regulations.

This regulation does not apply to turkey

and deer hunters using buckshot or

slugs, except as specifically authorized

by refuge specific regulations.

§ 32.7 [Amended]

3. Section 32.7 is amended by

alphabetically adding the listing ‘‘Key

Cave National Wildlife Refuge’’ to the

State of Alabama; by alphabetically

adding the listing ‘‘Breton National

Wildlife Refuge’’ to the State of

Louisiana; by removing the alphabetical

listing of ‘‘Pond Island National Wildlife

Refuge’’ from the State of Maine; by

alphabetically adding the listings

‘‘Amagansett National Wildlife Refuge,’’

‘‘Oyster Bay National Wildlife Refuge,’’

‘‘Seatuck National Wildlife Refuge,’’ and

‘‘Target Rock National Wildlife Refuge’’

to the State of New York; by revising the

listing of ‘‘Tinicum National

Environmental Center to read ‘‘John

Heinz National Wildlife Refuge at

Tinicum’’ in the State of Pennsylvania;

by alphabetically adding the listings

‘‘Block Island National Wildlife

Refuge,’’ ‘‘Ninigret National Wildlife

Refuge,’’ ‘‘Pettaquamscutt Cove National

Wildlife Refuge,’’ ‘‘Sachuest Point

National Wildlife Refuge,’’ and

‘‘Trustom Pond National Wildlife

Refuge’’ to the State of Rhode Island; by

alphabetically adding the listings

‘‘Dungeness National Wildlife Refuge’’

and ‘‘Nisqually National Wildlife

Refuge’’ to the State of Washington; by

alphabetically adding the listing

‘‘Canaan Valley National Wildlife

Refuge’’ to the State of West Virginia; by

alphabetically adding the listings‘‘Guam

National Wildlife Refuge’’ and ‘‘Midway

Atoll National Wildlife Refuge’’ to the

Pacific Islands Territory.

4. Section 32.20 Alabama is amended

by revising paragraphs D.1., D.2. and

adding paragraph D.4. of Eufaula

National Wildlife Refuge; and adding

the alphabetical listing of Key Cave

National Wildlife Refuge to read as

follows:

§ 32.20 Alabama.

* * * * *

Eufaula National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Fishermen may fish, including

bowfishing, only during daylight hours

on refuge impoundments and waters

other than the Walter F. George

Reservoir.

2. Fishermen may not frog or trap

turtles in impounded waters not

contiguous with the Walter F. George

Reservoir.

* * * * *

4. Reciprocal license agreements

between Alabama and Georgia only

apply to waters contiguous with the

Walter F. George Reservoir. Fishermen

must possess current State of Alabama

fishing licenses when fishing in refuge

impoundments.

Key Cave National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt mourning doves on

designated portions of the refuge subject

to the following condition. Permits are

required.

B. Upland Game Hunting. Hunters

may hunt only quail, squirrel, rabbits,

raccoons, and opossum on designated

portions of the refuge subject to the

following condition: Permits are

required.

C. Big Game Hunting. [Reserved]

D. Sport Fishing. [Reserved]

* * * * *

5. Section 32.24 California is

amended by revising paragraph C.1. of

Clear Lake National Wildlife Refuge to

read as follows:

§ 32.24 California.

* * * * *

Clear Lake National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

1. Hunters may hunt only in the unit

for nine (9) consecutive days beginning

on the first Saturday following the third

Wednesday in August.

* * * * *

6. Section 32.28 Florida is amended

by revising paragraph D.3. of Lower

Suwannee National Wildlife Refuge; by

revising the introductory text of

paragraph B. and paragraph D. of St.

Marks National Wildlife Refuge; and by

revising paragraph D. of Ten Thousand

Islands National Wildlife Refuge to read

as follows:

§ 32.28 Florida.

* * * * *

Lower Suwannee National Wildlife

Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Boats may not be left on the refuge

overnight.

* * * * *

St. Marks National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt squirrel, rabbit, and raccoon

on designated areas of the refuge subject

to the following condition: Permits are

required.

* * * * *

D. Sport Fishing. Anglers may fish

and crab on designated areas of the

refuge subject to the following

conditions:

1. Anglers may fish and crab only

from sunrise to sunset.

2. Anglers may only use boats with

motors of 10 horsepower or less in

refuge pools and lakes.

3. Anglers may only use boats with or

without motors on the St. Marks Unit

pools from March 15 through October

15.

4. Anglers may take only fish species,

and fish limits authorized by State

regulations.

5. Anglers may not take frogs or

turtles.

6. Anglers may fish and boat in

Panacea Unit ponds year round. Anglers

may access Panacea Unit ponds in a

vehicle only from March 15 through

May 15. Anglers may fish and boat in

Otter Lake year round.

7. Anglers may not launch

commercial boats at the saltwater boat

ramp on Co. Rd. 59 (Lighthouse Rd.).

8. Anglers may only take bait fish and

non-game fish by hook and line in

refuge ponds, lakes, and impoundments.

9. Anglers may not use crab traps in

refuge pools and impoundments on the

St. Marks Unit.

* * * * *

Ten Thousand Islands National

Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish

only on designated portions of the

refuge subject to the following

conditions:

1. Anglers may not use airboats,

hovercraft, off road vehicles, or personal

water craft in freshwater and brackish

water wetlands and water bodies.

2. Anglers may fish in freshwater and

brackish water creeks and ponds year

round from sunrise to sunset. Anglers

may enter these areas only from sunrise

to sunset.

3. Anglers may fish in tidal waters

year round and 24 hours a day.

4. Anglers may not fish with trotlines,

gigs, spears, bush hooks, snatch hooks,
40086 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

crossbows or bows and arrows of any

type.

5. Anglers may enter the refuge to

crab in freshwater and brackish water

areas only from sunrise to sunset.

Recreational anglers may use crab pots

only in accordance with State

regulations, except that crab pots

abandoned or not checked after 72

hours are subject to impoundment.

* * * * *

7. Section 32.29 Georgia is amended

by revising paragraph D.4. and removing

paragraph D.5. of Blackbeard Island

National Wildlife Refuge; by revising

paragraphs D.1., removing paragraph

D.2., and renumbering paragraph D.3. as

paragraph D.2. of Harris Neck National

Wildlife Refuge; by revising paragraphs

D.1., D.2., D.4. and adding paragraph

D.6. of Savannah National Wildlife

Refuge; by revising the introductory text

of paragraphs D and D.1., and by

removing paragraph D.3. of Wolf Island

National Wildlife Refuge to read as

follows:

§ 32.29 Georgia.

* * * * *

Blackbeard Island National Wildlife

Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

4. Anglers may only bank fish into

estuarine waters from sunrise to sunset

daily.

* * * * *

Harris Neck National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Anglers may fish in estuarine

waters year round from sunrise to

sunset daily.

* * * * *

Savannah National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Anglers may fish in refuge

impoundments and canals from March

1 through November 30 annually.

2. Anglers may fish in Black Pond

year round.

* * * * *

4. Anglers may bank fish year round

in the canal adjacent to the wildlife

drive.

* * * * *

6. Anglers may only use nonmotorized boats and boats with electric

motors.

* * * * *

Wolf Island National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish on

designated areas of the refuge subject to

the following condition:

1. Anglers may fish year round from

sunrise to sunset.

8. Section 32.32 Illinois is amended

by revising paragraphs A.1., A.2., A.3.

and B.3. of Cypress Creek National

Wildlife Refuge to read as follows:

§ 32.32 Illinois.

* * * * *

Cypress Creek National Wildlife Refuge

A. Hunting of Migratory Game Birds.

* * *

1. Hunters may dove hunt on

sunflower fields only on Mondays,

Wednesdays, and Saturdays starting

September 1. Hunters may hunt only

from noon to 5 pm. Hunters must sign

in and out and report daily harvest at

registration box. All hunting must be

from field borders only. Hunters may

not hunt or shoot from the interior of

sunflower fields or within 100 yards of

roadways. Hunters may not carry or use

guns while retrieving downed doves

from field interiors.

2. On the Bellrose Waterfowl

Reserve—Hunters may not hunt ducks.

Hunters may hunt only geese following

the closure of the state duck season.

Hunters may hunt only on Tuesdays,

Thursdays, and Sundays. Hunters may

hunt only from sunrise to 1 pm. All

hunters must remove blinds and decoys,

and be off the unit by 2 pm daily.

Hunters may not enter the area prior to

5 am. Hunters may not hunt during

special snow goose seasons after the

closure of the regular goose season.

Hunters may use only temporary or

portable blinds; Hunters may not

construct pit blinds. No one may hunt

within 100 yards of any private property

boundary. Distance between hunting

parties must be at least 200 yards. All

hunters must sign in and out and report

daily harvest at the registration box.

3. Hunters must remove boats, decoys,

and blinds from the refuge at the

conclusion of each days hunt.

* * * * *

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may only use or possessed

nontoxic shot while hunting for any

permitted birds except wild turkey.

Hunters may use lead shot while

hunting wild turkey.

* * * * *

9. Section 32.34 Iowa is amended by

revising the introductory text of

paragraph B., and revising paragraph

C.2. of Union Slough National Wildlife

Refuge to read as follows:

* * * * *

§ 32.34 Iowa.

* * * * *

Union Slough National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt upland game in designated

areas of the refuge subject to the

following condition: Hunters may only

use or possess nontoxic shot while

hunting upland game, except wild

turkeys. Hunters may possess and use

lead shot for wild turkey hunting.

C. Big Game Hunting. * * *

* * * * *

2. Hunters must remove all hunting

stands from the refuge at the end of each

day’s hunt.

* * * * *

10. Section 32.36 Kentucky is

amended by adding paragraph D.3. of

Reelfoot National Wildlife Refuge to

read as follows:

§ 32.36 Kentucky.

* * * * *

Reelfoot National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

3. Anglers may not entry the refuge,

or use airboats, hovercraft, or jet skis

(personal water-craft) on any waters

within the refuge boundary.

11. Section 32.37 Louisiana is

amended by adding Breton National

Wildlife Refuge; by revising the

introductory text of paragraphs A. and

D., of Cameron Prairie National Wildlife

Refuge; and by revising the text of

paragraphs A. and D. of the Lake

Ophelia National Wildlife Refuge to

read as follows:

§ 32.37 Louisiana.

* * * * *

Breton National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish

and crab on designated areas of the

refuge subject to the following

conditions:

1. Anglers may fish year-round from

sunrise to sunset only.

2. Crabbers must tend crabbing

equipment at all times.

3. Anglers may not use trotlines, slat

traps, or nets.

4. Refuge visitors may not use open

fires.

* * * * *
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40087

Cameron Prairie National Wildlife

Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt waterfowl on

designated areas of the refuge subject to

the following condition: Refuge permits

required.

* * * * *

D. Sport Fishing. Anglers may sport

fish on Gibbston Unit. Anglers may

sport fish and castnet on the East Cove

Unit subject to the following conditions:

Any person entering, using or

occupying the refuge must abide by all

terms and conditions set forth in the

appropriate refuge fishing brochure.

* * * * *

Lake Ophelia National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt duck, coots,

woodcock, and snipe on designated

areas of the refuge subject to the

following condition: Hunters must

possess a refuge daily permit.

* * * * *

D. Sport Fishing. Anglers may fish on

designated areas of the refuge subject to

the following condition: Anglers must

possess a refuge daily permit.

* * * * *

12. Section 32.38 Maine is amended

by removing the alphabetical listing of

Pond Island National Wildlife Refuge;

by adding paragraph A.3., revising the

introductory text of B., revising

paragraphs B.2., B.3., removing

B.4.,revising C. 2., adding C.3. and C.4.

of Rachel Carson National Wildlife

Refuge; and by revising paragraph D. of

Sunkhaze Meadows National Wildlife

Refuge to read as follows:

§ 32.38 Maine.

* * * * *

Rachel Carson National Wildlife

Refuge

A. Hunting of Migratory Game Birds.

* * *

* * * * *

3. Designated Youth Hunting Areas

are open to individuals under 18 who

possess a permit. An adult must

accompany youths under 15 years of

age. Accompanying adults possessing a

permit may hunt.

B. Upland Game Hunting. Hunters

may hunt pheasants on designated areas

of the refuge subject to the following

conditions:

* * * * *

2. Hunters during the firearm deer

season must wear in a conspicuous

manner on head, chest and back a

minimum of 400 square inches (10.16

square meters) of solid-colored hunter

orange clothing or material.

3. Hunters must possess and use,

while in the field, only nontoxic shot.

C. Big Game Hunting. * * *

* * * * *

2. Designated youth hunting areas are

open to individuals under 18 who

possess a permit. An adult must

accompany youths under 15 years of

age. Accompanying adults who possess

a permit may hunt.

3. Hunters may hunt fox and coyotes

during the firearm deer season only.

4. Hunters during the firearm deer

season must wear in a conspicuous

manner on head, chest and back a

minimum of 400 square inches (10.16

square meters) of solid-colored hunter

orange clothing or material.

* * * * *

Sunkhaze Meadows National Wildlife

Refuge

* * * * *

D. Sport Fishing. Anglers may fish on

the waters of and from the banks of

Sunkhaze Stream, Birch Stream, and

Little Birch Stream, in accordance with

state regulations.

13. Section 32.39 Maryland is

amended by revising paragraph C., and

by revising paragraph D. of Eastern Neck

National Wildlife Refuge to read as

follows:

§ 32.39 Maryland.

* * * * *

Eastern Neck National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may

hunt deer and turkey on designated

areas of the refuge subject to the

following conditions:

1. Refuge permits required.

2. The refuge is open to limited turkey

hunting during the state spring turkey

season.

3. Hunters may only use archery,

shotguns, and muzzleloaders for deer,

and shotguns only for turkey.

4. Hunters may not possess loaded

weapons in parking areas, blacktopped

or graveled roads.

5. Deer hunters must wear in a

conspicuous manner on head, chest and

back a minimum of 400 square inches

of solid colored hunter orange clothing

or material.

6. Turkey hunters must wear a hat or

cap of hunter orange when moving to or

from their blind or hunting position.

D. Sport Fishing. Anglers may

saltwater fish from the Eastern Neck

Island bridge in accordance with state

regulations.

* * * * *

14. Section 32.40 Massachusetts is

amended by revising the introductory

text of paragraph D. of Oxbow National

Wildlife Refuge to read as follows:

§ 32.40 Massachusetts.

* * * * *

Oxbow National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish

along the banks of the Nashua River in

accordance with state regulations.

* * * * *

15. Section 32.42 Minnesota is

amended by revising the introductory

text of paragraph B., and adding

paragraph B.3. of Tamarac National

Wildlife Refuge to read as follows:

§ 32.42 Minnesota.

* * * * *

Tamarac National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt ruffed grouse, red, gray and

fox squirrel, cottontail rabbit, jackrabbit,

snowshoe hare, red fox, raccoon, and

striped skunk on designated areas of the

refuge subject to the following

conditions:

* * * * *

3. Shotgun hunters may only use and

possess nontoxic shot while hunting for

all upland game species.

* * * * *

16. Amend § 32.43 Mississippi by

revising paragraphs A., B., and C. of

Dahomey National Wildlife Refuge; by

revising paragraph D. and removing

paragraphs D.1. through D.4. of Hillside

National Wildlife Refuge; by revising

paragraph D. of Mathews Break National

Wildlife Refuge; by revising paragraph

D. of Morgan Break National Wildlife

Refuge; by revising paragraph D. and

removing paragraphs D.1. through D.4.

of Panther Swamp National Wildlife

Refuge, and adding paragraphs D.4 and

D.5. of St. Catherine Creek National

Wildlife Refuge to read as follows:

§ 32.43 Mississippi.

* * * * *

Dahomey National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt mourning doves,

migratory waterfowl, coots, snipe and

woodcock on designated areas of the

refuge subject to the following

condition: Permits are required.

B. Upland Game Hunting. Hunters

may hunt quail, squirrel, rabbit, beaver,

raccoon and opossum on designated

areas of the refuge subject to the

following condition: Permits are

required.

C. Big Game Hunting. Hunters may

hunt deer and turkey on designated
40088 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

areas of the refuge subject to the

following condition: Permits are

required.

* * * * *

Hillside National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging

are permitted on designated portions of

the refuge subject to the following

condition: Fishermen must possess a

refuge access permit.

Mathews Brake National Wildlife

Refuge

* * * * *

D. Sport Fishing. Fishing and frogging

are permitted on designated areas of the

refuge subject to the following

condition: Fishermen must possess a

refuge access permit.

Morgan Brake National Wildlife Refuge

* * * * *

D. Sport Fishing. Fishing and frogging

is permitted on designated portions of

the refuge subject to the following

condition: Fishermen must possess a

refuge access permit.

* * * * *

Panther Swamp National Wildlife

Refuge

* * * * *

D. Sport Fishing. Fishing and frogging

is permitted on designated areas of the

refuge subject to the following

condition: Fishermen must possess a

refuge access permit.

* * * * *

St. Catherine Creek National Wildlife

Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

4. The use of nets, seines, trotlines or

any device for taking fish other than rod

and reel is not permitted.

5. Commercial fishing is not

permitted.

17. Section 32.45 Montana is

amended by revising paragraph C of

Charles M. Russell National Wildlife

Refuge; and revising paragraph C of UL

Bend National Wildlife Refuge to read

as follows:

* * * * *

§ 32.45 Montana.

* * * * *

Charles M. Russell National Wildlife

Refuge

* * * * *

C. Big Game Hunting. Hunters may

hunt big game subject to refuge specific

regulations as designated in refuge

publications.

* * * * *

UL Bend National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may

hunt big game subject to refuge-specific

regulations as designated in refuge

publications.

* * * * *

18. Section 32.46 Nebraska is

amended by revising introductory

paragraphs A., B., C. and D. of Valentine

National Wildlife Refuge to read as

follows:

§ 32.46 Nebraska.

* * * * *

Valentine National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt migratory birds on

designated areas of the refuge subject to

refuge specific regulations.

B. Upland Game Hunting. Hunters

may hunt upland game on designated

areas of the refuge subject to refuge

specific regulations.

C. Big Game Hunting. Hunters may

hunt big game on designated areas of the

refuge subject to refuge specific

regulations.

D. Sport Fishing. Anglers may fish on

designated portions of the refuge subject

to refuge specific regulations.

19. Section 32.47 Nevada is amended

by revising paragraphs D.7 and D.8. of

Ruby Lake National Wildlife Refuge;

and by revising paragraph D.1. of

Sheldon National Wildlife Refuge to

read as follows:

§ 32.47 Nevada.

* * * * *

Ruby Lake National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

7. Anglers may not store boats of any

kind on the refuge from January 1

through May 31.

8. Anglers may wade and bank fish in

the South Marsh only at Brown Dike,

the Main Boat Landing, and Narciss

Boat Landing from January 1 through

July 31 annually. Anglers may wade and

bank fish in the entire South Marsh,

from August 1 through December 31,

annually.

Sheldon National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Big Springs Reservoir, Dufurrena

Ponds, and Catnip Reservoir—Anglers

may bank fish, fish by wading, or use

nonmotorized boats, boats with electric

motors, float tubes and similar floatation

devices only. Anglers may not fish from

motorized boats.

* * * * *

20. Section 32.49 New Jersey is

amended by adding paragraph A.4., of

Cape May National Wildlife Refuge; and

by revising paragraph C.2. and removing

paragraph C.3. of Great Swamp National

Wildlife Refuge to read as follows:

§ 32.49 New Jersey.

* * * * *

Cape May National Wildlife Refuge

A. Hunting of Migratory Game Birds.

* * *

* * * * *

4. Hunters shall possess and use,

while in the field, only nontoxic shot.

* * * * *

Great Swamp National Wildlife Refuge

* * * * *

C. Big Game Hunting. * * *

* * * * *

2. Hunters must wear in a

conspicuous manner on head, chest and

back a minimum of 400 square inches

of solid-colored hunter orange clothing

or material.

* * * * *

21. Section 32.51 New York is

amended by adding Amagansett

National Wildlife Refuge; revising the

introductory text of paragraph D. of

Montezuma National Wildlife Refuge;

and by adding the alphabetical listings

of Oyster Bay National Wildlife Refuge;

Seatuck National Wildlife Refuge; and

Target Rock National Wildlife Refuge to

read as follows:

§ 32.51 New York.

* * * * *

Amagansett National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf

fish in the Atlantic Ocean from the

refuge shoreline in accordance with

state regulations.

* * * * *

Montezuma National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may access

the New York State Barge Canal System

waters at only three sites on the refuge:

the Seneca River Fishing Access Site,

the May’s Point Fishing Area, and the

Armitage Road Fishing Area. Anglers

may either bank fish or boat fish, in

accordance with state regulations.
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40089

Oyster Bay National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish in

refuge-controlled waters of Oyster Bay.

Anglers may also fish from designated

areas on the refuge shoreline at Mill

Pond during daylight hours. All fishing

within the refuge is in accordance with

state regulations.

Seatuck National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish in

refuge-controlled waters of Great South

Bay from boats only. All fishing is in

accordance with state regulations.

Target Rock National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish in

Huntington Bay from the refuge

shoreline when the refuge is open to

visitors. All fishing is in accordance

with state regulations.

* * * * *

22. Section 32.52 North Carolina is

amended by revising paragraph D. of

Pocosin Lakes National Wildlife Refuge

to read as follows:

§ 32.52 North Carolina.

* * * * *

Pocosin Lakes National Wildlife Refuge

* * * * *

D. Sport Fishing. Anglers may fish on

designated areas of the refuge subject to

the following conditions:

1. The refuge portion of New Lake and

the Pungo Lake is open to fishing from

March 1 to November 1. The public may

not access the refuge portion of New

Lake and Pungo Unit during the period

from November 2 to the end of

February. Anglers may fish in all other

refuge waters year round.

2. Anglers may bank fish only on the

Pungo Unit.

3. Anglers may only fish from sunrise

to sunset.

4. Boats may not be left on the refuge

overnight.

* * * * *

23. Section 32.53 North Dakota is

amended by revising paragraph B

introductory text of Des Lacs National

Wildlife Refuge; by revising paragraph

B.1. of Lake Zahl National Wildlife

Refuge; by revising paragraph B

introductory text and adding paragraph

B.1. of Tewaukon National Wildlife

Refuge; and by adding paragraph B.3. of

Upper Souris National Wildlife Refuge

to read as follows:

§ 32.53 North Dakota.

* * * * *

Des Lacs National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt ringnecked pheasants, sharptailed grouse, gray partridge, turkey,

cottontail rabbit, jackrabbits, snowshoe

hares and fox on designated areas of the

refuge subject to the following

conditions:

* * * * *

Lake Zahl National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

1. Hunters may only possess and use

nontoxic shot.

* * * * *

Tewaukon National Wildlife Refuge

* * * * *

B. Hunters may hunt ring-necked

pheasants on designated areas of the

refuge subject to the following

conditions:

1. Hunters may only possess and use

nontoxic shot.

* * * * *

Upper Souris National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may only possess and use

nontoxic shot.

* * * * *

24. Section 32.55 Oklahoma is

amended by adding paragraphs A.4.,

A.5., revising paragraphs B.3. and B.4.

of Little River National Wildlife Refuge;

revising paragraphs B. introductory text,

B.2., adding paragraph B.3.; and revising

paragraph C. introductory text of

Optima National Wildlife Refuge; by

revising paragraphs D.1. through D.12 of

Tishomingo National Wildlife Refuge;

revising paragraphs B. introductory text,

adding paragraph B.2., revising

paragraphs D. introductory text, D.1.,

D.2.; and removing paragraph D.4. of

Washita National Wildlife Refuge;

revising paragraph D.5. of Wichita

Mountains Wildlife Refuge to read as

follows:

§ 32.55 Oklahoma.

* * * * *

Little River National Wildlife Refuge

A. Hunting of Migratory Game Birds.

* * *

* * * * *

4. Hunters must carry refuge hunting

permits.

5. Hunters may hunt waterfowl

(ducks) only during designated refuge

seasons.

B. Upland Game Hunting. * * *

* * * * *

3. Hunters may hunt upland game

only during designated refuge seasons.

4. Hunters shall possess and use,

while in the field, only nontoxic shot

* * * * *

Optima National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt pheasants, bobwhite and

scaled quail, cottontail rabbit and

jackrabbit on the refuge in accordance

with State hunting regulations subject to

the following conditions:

* * * * *

2. Closed during the State gun deer

season.

3. Hunting ends at 4:30 p.m. daily.

C. Big Game Hunting. Hunters may

hunt white-tailed deer, mule deer and

turkey on the refuge in accordance with

State hunting regulations subject to the

following conditions:

* * * * *

Tishomingo National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Anglers may bank and wade fish

with pole and line or rod and reel yearround in areas open for public fishing

access.

2. Anglers may use boats from March

1 through September 30 on designated

refuge waters and Wildlife Management

Unit.

3. Anglers may use trotlines and other

set tackle only in the Cumberland Pool

and between the natural banks of the

Washita River. Anglers must attach set

tackle, used in Cumberland Pool, to

anchored floats. Anglers may not attach

set tackle to sticks, poles, trees, or other

fixed objects.

4. Anglers may not use limblines,

throwlines, juglines, and yo-yo’s.

5. Anglers may not use any containers

(jugs, bottles) as floats.

6. Anglers must remove fishing tackle

at the end of the boating season.

7. Anglers may no-wake boat fish

during the boating season. Anglers may

only use line and pole or rod and reel

in: (a) open areas south and west of the

Cumberland Pool shallow water buoy

line; (b) lakes south and west of the
40090 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

Washita River; and (c) the Wildlife

Management Unit.

8. Anglers may night fish from boat

(during boating season) on the

Cumberland Pool, except not in the nowake area south and west of the buoy

line. Anglers may night fish at the

headquarters area, including Sandy

Creek Bridge, Murray 2, Nida Point, and

the Wildlife Management Unit.

9. Anglers may take bait for personal

use while fishing on the refuge in

accordance with Oklahoma State law.

10. Anglers may bow fish only in the

Wildlife Management Unit.

11. Anglers may not take fish by the

use of hands (noodling) in any refuge

waters.

12. Anglers may not take frogs, turtles,

or mussels.

* * * * *

Washita National Wildlife Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt quail and rabbit on designated

areas of the refuge in accordance with

State hunting regulations subject to the

following conditions:

* * * * *

2. Closed during the State gun deer

season.

* * * * *

D. Sport Fishing. Anglers may fish on

designated areas of the refuge in

accordance with State fishing

regulations subject to the following

conditions:

1. Anglers may fish from March 15

through October 14 on the Washita

River and Foss Reservoir. Anglers may

bank fish year round from the refuge

boundary south of Lakeview Recreation

to Pitts Creek Recreation Area.

2. Anglers may access fishing areas

only from designated parking areas and

by boat from Foss Reservoir.

* * * * *

Wichita Mountains Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

* * * * *

5. Anglers may use electric trolling

motors on boats 14′ or less in length

only on Jed Johnson, Rush, Quanah

Parker and French Lakes.

* * * * *

25. Amend § 32.56 Oregon by revising

paragraph B. of Hart Mountain National

Wildlife Refuge, by revising paragraph

D. of Lewis and Clark National Wildlife

Refuge to read as follows:

§ 32.56 Oregon.

* * * * *

Hart Mountain National Wildlife

Refuge

* * * * *

B. Upland Game Hunting. Hunters

may hunt partridge and coyote on

designated areas of the refuge.

* * * * *

Lewis and Clark National Wildlife

Refuge

* * * * *

D. Sport Fishing. Anglers may fish in

designated areas of the refuge.

* * * * *

26. Section 32.57 Pennsylvania is

amended by revising the heading of

Tinicum National Environmental Center

to read as follows:

§ 32.57 Pennsylvania.

* * * * *

John Heinz National Wildlife Refuge at

Tinicum

* * * * *

27. Section 32.59 Rhode Island is

amended by adding an introductory

paragraph; by adding the alphabetical

listing of Block Island National Wildlife

Refuge, Ninigret National Wildlife

Refuge, Pettaquamscutt Cove National

Wildlife Refuge, Sachuest Point

National Wildlife Refuge, and Trustom

Pond National Wildlife Refuge to read

as follows:

§ 32.59 Rhode Island.

The following refuge units have been

opened for hunting and/or fishing and

are listed in alphabetical order with

applicable refuge-specific regulations.

Block Island National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf

fish in the Atlantic Ocean from the

refuge shoreline in accordance with

state regulations.

Ninigret National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf

fish in the Atlantic Ocean from the

refuge shoreline in accordance with

state regulations. Anglers may saltwater

fish and shellfish in Ninigret Pond from

the refuge shoreline only from sunrise to

sunset in accordance with state and

refuge regulations.

Pettaquamscutt Cove National Wildlife

Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may

saltwater fish from the refuge shoreline

in accordance with state regulations.

Sachuest Point National Wildlife

Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf

fish in the Atlantic Ocean and Sakonnet

River from the refuge shoreline in

accordance with state regulations.

Additionally, anglers may night-fish

after sunset in accordance with state

regulations.

Trustom Pond National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt Canada geese and

mourning doves on designated areas of

the refuge subject to the following

conditions: State permits are required.

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may surf

fish in the Atlantic Ocean from the

refuge shoreline from September 16 to

March 31 in accordance with state and

refuge regulations.

28. Section 32.60 South Carolina is

amended by revising paragraph A. of

Ace Basin National Wildlife Refuge to

read as follows:

§ 32.60 South Carolina.

* * * * *

Ace Basin National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt ducks, geese, and

coots on designated areas of the refuge

subject to the following condition:

Refuge hunting permits required.

* * * * *

29. Section 32.62 Tennessee is

amended by revising paragraph C. of

Lake Isom National Wildlife Refuge; and

adding paragraph D.5. of Lower Hatchie

National Wildlife Refuge to read as

follows:

§ 32.62 Tennessee.

* * * * *

Lake Isom National Wildlife Refuge

* * * * *

C. Big Game Hunting. Hunters may

hunt white-tailed deer with archery

equipment on designated areas of the

refuge subject to the following

condition: Permits are required.

* * * * *

Lower Hatchie National Wildlife Refuge

* * * * *
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40091

D. Sport Fishing. * * *

* * * * *

5. Anglers may only use nonmotorized boats and boats with electric

motors on Sunk Lake Public Use Natural

Area.

* * * * *

30. Section 32.63 Texas is amended

by revising paragraphs B.1., and C.1. of

Balcones Canyonlands National Wildlife

Refuge to read as follows:

* * * * *

Balcones Canyonlands National

Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

1. Hunting will take place in

November, December, and/or January.

* * * * *

C. Big Game Hunting. * * *

1. Hunting will take place in

November, December, and/or January.

* * * * *

31. Section 32.66 Virginia is amended

by revising paragraph C.7., and adding

paragraph C.8. of Great Dismal Swamp

National Wildlife Refuge to read as

follows:

§ 32.66 Virginia.

* * * * *

Great Dismal Swamp National Wildlife

Refuge

* * * * *

C. Big Game Hunting. * * *

* * * * *

7. Hunters may not shoot onto or

across a refuge road including roads

closed to vehicles.

8. Hunters may not possess alcoholic

beverages.

* * * * *

32. Section 32.67 Washington is

amended by adding the alphabetical

listing of Dungeness National Wildlife

Refuge and Nisqually National Wildlife

Refuge; adding paragraphs A.6., and B.5.

of Toppenish National Wildlife Refuge;

amended by adding paragraph C.

introductory text and C.1. of Umatilla

National Wildlife Refuge to read as

follows:

§ 32.67 Washington.

* * * * *

Dungeness National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt

water fish on designated areas of the

refuge.

* * * * *

Nisqually National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt

water fish on designated areas of the

refuge.

* * * * *

Toppenish National Wildlife Refuge

A. Hunting of Migratory Game Birds.

* * *

* * * * *

6. Hunters may hunt on Wednesdays,

Saturdays, Sundays, Thanksgiving day,

Christmas day, and New Years day only.

B. Upland Game Hunting. * * *

* * * * *

5. Hunters may hunt on Wednesdays,

Saturdays, Sundays, Thanksgiving day,

Christmas day, and New Years day only.

* * * * *

Umatilla National Wildlife Refuge

C. Big Game Hunting. Hunters may

hunt deer on designated areas of the

refuge subject to the following

condition:

1. Hunting by permit only.

* * * * *

33. Section 32.68 West Virginia is

amended by alphabetically listing

Canaan Valley National Wildlife Refuge

to read as follows:

§ 32.68 West Virginia.

* * * * *

Canaan Valley National Wildlife Refuge

A. Hunting of Migratory Game Birds.

Hunters may hunt migratory game birds

on designated areas of the refuge subject

to the following conditions:

1. Hunters must sign and be in the

possession of a refuge conditional

hunting permit at all times while

hunting on the refuge.

B. Upland Game Hunting. Hunters

may hunt upland (small) game on

designated areas of the refuge subject to

the following conditions:

1. Hunters must sign and be in the

possession of a refuge conditional

hunting permit at all times while

hunting on the refuge.

2. Shotgun hunters may use or

possess only nontoxic shot while

hunting upland (small) game on the

refuge.

C. Big Game Hunting. Hunters may

hunt big game on designated areas of the

refuge subject to the following

conditions:

1. Hunters must sign and be in the

possession of a refuge conditional

hunting permit at all times while

hunting on the refuge.

D. Sport Fishing. [Reserved]

* * * * *

34. Section 32.69 Wisconsin is

amended by adding paragraph B.4., and

revising paragraph C.5. of Necedah

National Wildlife Refuge to read as

follows:

§ 32.69 Wisconsin.

* * * * *

Necedah National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

4. Dogs may be used only when

hunting upland game birds and

waterfowl.

C. Big Game Hunting. * * *

5. Refuge Area 3 is open to deer

hunting during the state’s gun, muzzle

loader, and late archery season.

* * * * *

35. Section 32.71 Pacific Islands

Territory is amended by adding the

alphabetical listing of Guam National

Wildlife Refuge, Kilauea Point National

Wildlife Refuge, and Midway Atoll

National Wildlife Refuge to read as

follows:

§ 32.71 Pacific Islands Territory.

* * * * *

Guam National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt

water fish on designated areas of the

refuge.

* * * * *

Kilauea Point National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may salt

water fish on designated areas of the

refuge.

Midway Atoll National Wildlife Refuge

A. Hunting of Migratory Game Birds.

[Reserved]

B. Upland Game Hunting. [Reserved]

C. Big Game Hunting. [Reserved]

D. Sport Fishing. Anglers may fish

and lobster only in accordance with a

refuge fishing leaflet available at refuge

headquarters.

Dated: July 14, 1998.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 98–19546 Filed 7–24–98; 8:45 am]

BILLING CODE 4310–55–U