[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Proposed Rules]
[Pages 19318-19323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9491]



[[Page 19317]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Parts 25 and 32



2009-2010 Hunting and Sport Fishing Regulations for the Upper 
Mississippi River National Wildlife and Fish Refuge; Proposed Rule

Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 25 and 32

[FWS-R3-NSR-2009-0007; 32579-1261-0000-4A]
RIN 1018-AW48


2009-2010 Hunting and Sport Fishing Regulations for the Upper 
Mississippi River National Wildlife and Fish Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to 
amend the regulations for the Upper Mississippi River National Wildlife 
and Fish Refuge (refuge) that pertain to existing programs for 
migratory game bird hunting, upland game hunting, and big game hunting. 
These changes would take effect with the 2009-2010 season, would 
implement portions of the Comprehensive Conservation Plan (CCP) for the 
refuge approved in 2006, and would amend other regulations. We also 
propose amendments to part 25 reflecting recent OMB approval of new 
hunting and fishing application forms and activity reports for national 
wildlife refuges.

DATES: We will accept comments on or before May 28, 2009.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> U.S. mail or hand delivery: Public Comments Processing, 
Attn: RIN 1018-AW48; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information). For information on this specific refuge's 
public use programs and the conditions that apply to them or for copies 
of compatibility determinations for any refuge(s), contact individual 
the programs at the addresses/phone numbers given in ``Available 
Information for Specific Districts of the Refuge'' under SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: Don Hultman, (507) 452-4232; Fax (507) 
452-0851.

SUPPLEMENTARY INFORMATION: The Upper Mississippi River National 
Wildlife and Fish Refuge (refuge) encompasses 240,000 acres in a more-
or-less continuous stretch of 261 miles of Mississippi River floodplain 
in Minnesota, Wisconsin, Iowa, and Illinois. The refuge was established 
by Congress in 1924 to provide a refuge and breeding ground for 
migratory birds, fish, other wildlife, and plants. The refuge is 
perhaps the most important corridor of habitat in the central United 
States due to its species diversity and abundance and is the most 
visited refuge in the United States with 3.7 million annual visitors. 
Approximately 187,000 acres of the refuge is open to all hunting, and 
approximately 140,000 acres of surface water is open to year-round 
fishing.
    On July 11, 2006, we published a notice of availability of our 
Final Environmental Impact Statement (EIS) and CCP (71 FR 39125), and 
we accepted public comments on the Final EIS for 30 days. On August 24, 
2006, the Regional Director of the Midwest Region of the Fish and 
Wildlife Service signed the Record of Decision that documented the 
selection of Alternative E, the Preferred Alternative presented in the 
Final EIS. We published a notice of availability of that Record of 
Decision on November 2, 2006 (71 FR 64553).
    In accordance with the Record of Decision, we prepared a CCP based 
on Alternative E. The CCP was approved on October 24, 2006. The 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd-668ee, as amended by the National Wildlife Refuge Improvement Act 
of 1997), requires the Secretary of the Interior (Secretary) to manage 
each refuge in a manner consistent with a completed CCP. The Final EIS 
and CCP are available at http://www.fws.gov/midwest/planning/uppermiss/
.
    We completed hunting and fishing regulations in 2007 to implement 
the goals, objectives, and strategies described in the CCP pertaining 
to hunting and fishing and related uses. We published a proposed rule 
in the Federal Register on June 28, 2007 (72 FR 35380) and a final rule 
was effective on September 7, 2007 (72 FR 51534).
    This proposal would make four changes to existing refuge 
regulations (see our final rule of September 7, 2007 (72 FR 51534) for 
more details on closure restrictions). It would modify the refuge's 
Waterfowl Hunting Closed Areas and/or No Hunting Zones in refuge Pool 
4; add a new No Hunting Zone in Pool 5A as scheduled in the CCP; make 
permanent an interim No Hunting or Trapping Zone on the recently 
acquired Mathy Tract (75 acres) on Brice Prairie near Pool 7 which 
would be used as a future office and visitor contact facility; and add 
an additional regulation on the immediate retrieval of waterfowl taken 
during hunting that would be applicable refuge-wide.
    The proposed retrieval regulation resulted from discussions we had 
with State law enforcement personnel and was endorsed by 33 of 35 
participants at a public waterfowl hunting workshop in February 2007. 
This regulation is designed to reduce the loss of downed waterfowl by 
adding a time element (i.e., ``immediately'') to existing State 
retrieval regulations and to reduce the crippling loss of waterfowl by 
discouraging hunters from shooting at birds that are beyond effective 
shotgun range. The proposed change in Pool 5A is the addition of a 24-
acre Fountain City Bay No Hunting Zone encompassing a backwater bay 
adjacent to Merrick State Park, Wisconsin. This new zone, identified in 
the CCP, is designed to reduce conflicts with park users and will also 
provide a resting and feeding area for migrating puddle ducks such as 
mallards and blue-winged teal.
    The most significant of the proposed changes above is the 
modification of the Waterfowl Hunting Closed Areas in Pool 4 of the 
refuge, a change described and scheduled for the 2009-2010 season in 
the CCP. This pool currently has 6,884 acres designated as closed 
areas, and under this proposal the acreage will drop to 3,500 acres 
designated as closed areas or no hunting zones. The entire Nelson-
Trevino closed area will be open to hunting (3,773 acres), and a new 
closed area will be established that encompasses Big Lake (2,210 
acres). The current Peterson Lake closed area of 3,111 acres will be 
reduced to 1,290 acres and also divided into more recognizable 
subunits, namely Peterson Lake closed area (572 acres), Rieck's Lake 
closed area (499 acres), and Buffalo River no hunting zone (219 acres). 
These proposed changes, although resulting in more acreage open to 
hunting in Pool 4, are predicted to dramatically improve the 
effectiveness of Pool 4 in providing waterfowl secure resting and 
feeding areas based on an analysis completed for the Final EIS and CCP. 
An effective system of strategically located waterfowl closed areas on 
the 261-mile-long refuge is critical to waterfowl using the Mississippi 
Flyway, and allows hunting to remain compatible. The Service will 
monitor the effectiveness of the modification to Pool 4 and will make 
future changes if warranted by waterfowl use surveys.

[[Page 19319]]

    Finally, we propose corrections to some acreage figures for the 
``No Entry - Sanctuary,'' ``Area Closed,'' ``Area Closed - No Motors,'' 
``No Hunting Zone'' and ``No Hunting or Trapping Zone'' listings in the 
respective sections of this proposed rule to reflect increased accuracy 
based on actual signing and mapping in the field and subsequent 
Geographic Information System or GIS analysis since we published the 
2007-08 Hunting and Fishing final rule. These are considered 
administrative changes since the corrections match the areas shown on 
maps provided to the public since 2007. We have summarized these 
administrative changes below:
No Entry - Sanctuary Areas
    Pool Slough, Pool 9, Minnesota/Iowa, from 1,112 to 1,126 acres
    Spring Lake, Pool 13, Illinois, from 3,686 to 3,697 acres
Areas Closed and Areas Closed - No Motors
    Big Lake, Pool 4, Wisconsin, from 2,626 to 2,210 acres
    Peterson Lake, Pool 4, Wisconsin, from 672 to 572 acres
    Spring Lake, Pool 5, Wisconsin, from 243 to 254 acres
    Polander Lake, Pool 5A, Minnesota/Wisconsin, from 1,907 to 1,873 
acres
    Lake Onalaska, Pool 7, Wisconsin, from 7,369 acres to 7,366 acres
    Wisconsin Islands, Pool 8, Minnesota/Wisconsin, from 6,510 to 6,538 
acres
    Wisconsin River Delta, Pool 10, Wisconsin, from 1,406 to 1,414 
acres
    12-Mile Island, Pool 11, Iowa, from 1,145 to 1,139 acres
    Kehough Slough, Pool 12, Illinois, from 343 to 333 acres
    Pleasant Creek, Pool 13, Iowa, from 2,067 to 2,191 acres
    Elk River, Pool 13, Iowa, from 1,237 to 1,248 acres
    Beaver Island, Pool 14, Iowa, from 717 to 864 acres
No Hunting or No Hunting or Trapping Zones
    Upper Halfway Creek Marsh, Pool 7, Wisconsin, from 141 to 143 acres
    Goose Island, Pool 8, Wisconsin, from 986 to 984 acres
    Goetz Island Trail, Pool 11, Iowa, from 32 to 31 acres
    Crooked Slough Backwater, Pool 13, Illinois, from 2,467 to 2,453 
acres
    Crooked Slough Proper, Pool 13, Illinois, from 192 to 270 acres
    The National Wildlife Refuge System Administration Act of 1966 
authorizes the Secretary to allow uses of refuge areas, 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) 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), 
and consistent with the principles of sound fish and wildlife 
management and administration. 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.
    The Secretary is required to prepare a CCP for each refuge and 
shall manage each refuge consistent with the CCP. Each CCP must 
identify and describe the refuge's purposes; fish, wildlife, and plant 
populations; cultural resources; areas for administrative or visitor 
facilities; significant problems affecting resources and actions 
necessary; and opportunities for compatible wildlife-dependent 
recreation. Each CCP must also be developed through consultation with 
the States, other Federal agencies, and the public, and be coordinated 
with applicable State conservation plans.
    Each CCP is guided by the overarching requirement that refuges are 
to be managed to fulfill their purposes for which established and the 
mission of the Refuge System. In addition, the National Wildlife Refuge 
System Improvement Act requires that the Refuge System be administered 
to provide for the conservation of fish, wildlife, and plants and their 
habitats; and to ensure their biological integrity, diversity, and 
environmental health.
    We developed the CCP for the refuge in accordance with all 
requirements and in accordance with the consultation and public 
involvement provisions of the National Wildlife Refuge System 
Improvement Act. This includes new compatibility determinations for 
hunting and fishing, which are referenced and listed in Appendix E of 
the Final EIS (which includes recreational and commercial fishing, 
migratory bird and big game hunting, wildlife observation and 
photography). We based these compatibility determinations on all 
changes anticipated in the CCP, including the changes included in this 
proposed rule, and remain valid as approved in 2006. We then developed 
this proposed rule to complete implementation of the hunting- and 
fishing-related portions of the CCP. Even after we enact the proposed 
changes, opportunities for waterfowl hunting on the 240,000-acre refuge 
will remain abundant with 49,239 acres closed to waterfowl or other 
hunting compared to a pre-CCP total of 48,099 acres.

Plain Language Mandate

    In this proposed rule, we comply with a Presidential mandate to use 
plain language in regulations. As examples, we use ``you'' to refer to 
the reader and ``we'' to refer to the Service, the word ``allow'' 
instead of ``permit'' when we do not require the use of a permit for an 
activity, and we use active voice whenever possible (i.e., ``We allow 
hunting of upland game on designated areas'' vs. ``Upland game hunting 
in designated areas is allowed'').

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 1977 [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. In addition, the 
Migratory Bird Treaty Act (16 U.S.C 703-711) grants authority for 
management of migratory birds and the closing of any areas to migratory 
bird hunting.
    The Migratory Bird Treaty Act (MBTA) designates the protection of 
migratory birds as a Federal responsibility. The MBTA enables the 
setting of seasons, and other regulations including the closing of 
areas, Federal and non-Federal, to the hunting of migratory birds. You 
can find regulations stemming from the MBTA pertaining to migratory 
bird hunting in 50 CFR part 20.
    This document proposes to codify in the Code of Federal Regulations 
amended hunting and sport fishing regulations that are applicable to 
the Upper Mississippi River National Wildlife and Fish Refuge. We are 
proposing these amended regulations to implement the refuge CCP, better 
inform the general public of the regulations at the refuge, increase 
understanding and compliance with these regulations, and make 
enforcement of these regulations more efficient. In addition to finding 
these regulations in 50 CFR part 32, visitors will find them reiterated 
in literature distributed by the refuge and posted on signs at major 
access points. Visitors will also find the boundaries of closed areas 
or other restricted-use areas referenced in this document marked by 
specific signs.

Information Collection Changes

    On January 15, 2009, OMB approved the use of nine new hunting and 
fishing application forms and activity reports for use on national 
wildlife refuges

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(control <greek-i>1018-0140). We are also proposing to amend 50 CFR 
25.23 to reflect the addition of these forms to those already used on 
national wildlife refuges.

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/waterscience/fish/.

Public Comments

    You may submit comment and materials on this proposed rule by any 
one of the methods listed in the ADDRESSES section. We will not accept 
comments sent by e-mail or fax or to an address not listed in the 
ADDRESSES section. We will not consider hand-delivered comments that we 
do not receive, or mailed comments that are not postmarked, by the date 
specified in the DATES section.
    We will post your entire comment on http://www.regulations.gov. 
Before including your address, phone number, e-mail address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment - including your personal identifying 
information - may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. We will also post all hardcopy comments on http://www.regulations.gov.
    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. During preparation of the refuge CCP, from which 
the major changes in this proposed rule originate, we used an extensive 
public information, outreach, and comment process, including 46 public 
meetings or workshops attended by 4,500 persons and 80 other meetings 
with State department of natural resources agencies, other agencies, 
interest groups, elected officials, and other Service and Department of 
Interior offices. We received and responded to a total of 3,230 written 
comments in the Final EIS. We also received and responded to 23 written 
comments received on the 2007 proposed comprehensive hunting and 
fishing rule as documented in the final rule in the Federal Register 
(72 FR 51534, September 7, 2007). This proposal, and its publication as 
a proposed rule in the Federal Register, will provide an additional 
opportunity for comment during the 30-day comment period (see DATES 
section).
    In addition, we held two public open houses in September 2008 to 
provide information and gather comments on the changes to the Waterfowl 
Hunting Closed Areas and No Hunting Zones in Pool 4. The open houses 
were attended by 60 people, and we contacted over 200 people at 
landings during the 2008-09 hunting season. We used input from these 
open houses and follow-up contacts to make several boundary adjustments 
in the closed area and no hunting zones in this proposed rule.
    We also prepared a separate Environmental Assessment (EA) for the 
proposed No Hunting and Trapping Zone for the refuge's Mathy Tract on 
Brice Prairie, Wisconsin, near Pool 7. We sent a news release 
announcing the assessment to local media, distributed the assessment 
widely, and posted it on the refuge website. We provided the public 30 
days to review and comment. We received 14 comments (9 supporting the 
closure, 4 opposed, and 1 on another topic) and responded to them in 
the Final EA. In our response to comments, we addressed opportunities 
for hunting elsewhere on the refuge, the potential conflicts between 
hunting and use of the tract as an administrative site, and the new 
opportunities for wildlife observation, photography, interpretation and 
environmental education. The one other commenter advocated for 
Henslow's sparrow conservation; we plan to restore native grasslands 
which should benefit it and other grassland species.
    We believe that a 30-day comment period on this proposed rule, 
through this broader publication following the earlier public 
involvement, gives the public sufficient time to comment before the 
upcoming seasons. In addition, in order to continue to provide for 
previously authorized hunting and fishing opportunities while at the 
same time providing for adequate resource and visitor protection, we 
must be timely in providing modifications to hunting and fishing 
programs on refuges.
    If adopted, we will incorporate these proposed regulations into 50 
CFR 32.42 (Minnesota). Part 32 contains general provisions and Sec.  
32.42 contains refuge-specific regulations for hunting and sport 
fishing on refuges located or headquartered in Minnesota.

Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be a specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

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

[[Page 19321]]

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 proposed rule does not increase the number of recreation types 
allowed on the refuge but amends hunting and fishing regulations on the 
refuge. As a result, opportunities for hunting and fishing recreation 
on the refuge will remain abundant and increase over time based on 
analysis done in the Final EIS and CCP for the refuge.
    Many small businesses within the retail trade industry (such as 
hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may 
benefit from some increased refuge visitation. A large percentage of 
these retail trade establishments in the majority of affected counties 
qualify as small businesses (see table below).
    We expect that the incremental recreational opportunities will be 
scattered, and so we do not expect that the rule will have a 
significant economic effect (benefit) on a substantial number of small 
entities in any given community or county. We expect recreationists to 
spend an additional $2 million annually in total in the refuges' local 
economies. As shown in the table below, this represents 0.02 percent of 
the total amount of retail expenditures in the 19-county area. For 
comparison purposes, the county with the smallest retail expenditure 
total, Buffalo County in Wisconsin, is shown. If the entire retail 
trade expenditures associated with the hunting and fishing regulations 
occurred in Buffalo County, this would amount to 3.4 percent increase 
in annual retail expenditures.

        Table 1--Comparative Expenditures for Retail Trade Associated with Additional Refuge Visitation 2009-2010 Hunting and Fishing Regulations
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                                                              Change due  to 2009-
                                                                2010  hunting and                                                   Establishments  with
                Area                 Retail  trade in  2002   fishing   regulations  Change as  percent of   Total No.  of retail      fewer  than 10
                                                                (15-year  span of      total retail  trade      establishments           employees
                                                                      CCP)
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19 County Area                       $9.8 billion            $1,999,216              0.02 %                 24,878                 17,957
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Buffalo County, WI                   $58.3 million           $1,999,216              3.4 %                  350                    290
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Small Business Regulatory Enforcement Fairness Act

    The proposed 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. By the end of the 15-year CCP lifespan, the additional fishing 
and hunting opportunities on the refuge would generate an additional $2 
million in angler and hunter expenditures with an economic impact 
estimated at $2.5 million per year (2003 dollars). Consequently, the 
maximum benefit of this rule for businesses both small and large would 
not be sufficient to make this a major rule. The impact would be 
scattered across 19 counties 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. We do not expect this proposed 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 hunting 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 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule represents only a small proportion of recreational 
spending of a small number of affected hunters. Therefore, this rule 
would have virtually no economic effect on the wildlife-dependent 
industry, which has annual sales of equipment and travel expenditures 
of over $72 billion nationwide.

Unfunded Mandates Reform Act

    Since this proposed 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 proposed rule would not have 
significant takings implications. This regulation would affect only 
visitors to the refuge and describe what they can do while they are on 
the refuge.

Federalism (E.O. 13132)

    As discussed in the Unfunded Mandates Reform Act section above, 
this proposed rule would not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment under E.O. 13132. In 
preparing the CCP for the refuge, we worked closely with the four 
States bordering the refuge, and this proposed rule reflects the CCP.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the proposed 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. This proposal 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

[[Page 19322]]

of Energy Effects when undertaking certain actions. Because this 
proposed rule is a modification of an existing hunting and fishing 
program on the refuge, and we do not expect it 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 changes to the regulations. During 
scoping and preparation of the Final EIS, we contacted 35 Indian tribes 
to inform them of the process and seek their comments. Only the Iowa 
Tribe of Oklahoma provided comment on the Draft EIS, saying they have 
an historic presence in counties adjacent to the refuge, and they wish 
to be kept informed of any artifact discoveries as we implement refuge 
plans. We replied in the Final EIS that we appreciated their interest 
in the refuge and would keep them informed of any cultural resource 
issues and discoveries.

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 Numbers 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

    During preparation of the Final EIS, we completed a section 7 
consultation and determined that the preferred alternative, which 
included hunting and fishing changes reflected in this proposed rule, 
is not likely to adversely effect individuals of listed or candidate 
species or designated critical habitat of such species. The Service's 
Ecological Services Office concurred with this determination. The 
listed species on the refuge is the Higgins eye mussel; candidate 
species are the Eastern massasauga and spectaclecase and sheepnose 
mussels. A copy of the section 7 evaluation and accompanying biological 
assessment is available from the refuge at the locations listed in the 
``Available Information for Specific Districts of the Refuge'' section 
of this document.

National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.)

    Concerning the actions that are the subject of this proposed 
rulemaking, we have complied with NEPA through the preparation of a 
Final EIS and Record of Decision which include the major hunting 
changes reflected in this proposed rule. An Environmental Assessment 
(EA) was prepared for the 75-acre No Hunting and Trapping Zone on Brice 
Prairie near Pool 7. The NEPA documents are available on or through our 
website at http://www.fws.gov/midwest/UpperMississippiRiver/. Then 
click on Current Topics on the left, which will bring you to the Mathy 
Tract EA.

Available Information for Specific Districts of the Refuge

    The refuge is divided into four districts for management, 
administrative, and public service effectiveness and efficiency. These 
districts correspond to two or more Mississippi River pools created by 
the series of locks and dams on the river. District offices are located 
in Winona, Minnesota (Pools 4-6), La Crosse, Wisconsin (Pools 7-8), 
McGregor, Iowa (Pools 9-11), and Savanna, Illinois (Pools 12-14). If 
you are interested in specific information pertaining to a specific 
area encompassed in this proposed rule, you may contact the appropriate 
district office listed below:
    Winona District, U.S. Fish and Wildlife Service, 51 East Fourth 
Street, Room 203, Winona, MN 55987; Telephone (507) 454-7351.
    La Crosse District, U.S. Fish and Wildlife Service, 555 Lester 
Avenue, Onalaska, WI 54650; Telephone (608) 783-8405.
    McGregor District, U.S. Fish and Wildlife Service, P.O. Box 460, 
McGregor, IA 52157; Telephone (563) 873-3423.
    Savanna District, U.S. Fish and Wildlife Service, 7071 Riverview 
Road, Thomson, IL 61285; Telephone (815) 273-2732.

Primary Author

    Don Hultman, Refuge Manager, Upper Mississippi River National 
Wildlife and Fish Refuge, is the primary author of this rulemaking 
document.

List of Subjects in:

50 CFR Part 25

    Administrative practice and procedure, Concessions, Reporting and 
recordkeeping requirements, Safety, Wildlife refuges.

50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, 
Wildlife, Wildlife refuges.

    For the reasons set forth in the preamble, we propose to amend 
title 50, Chapter I, subchapter C of the Code of Federal Regulations as 
follows:

PART 25--[AMENDED]

    1. The authority citation for part 25 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 
3901 et seq.; and Pub. L. 102-402, 106 Stat. 11961.
    2. Revise Sec. 25.23 to read as follows:


Sec.  25.23  What are the general regulations and information 
collection requirements?

    The Office of Management and Budget has approved the information 
collection requirements contained in subchapter C, parts 25, 32, and 36 
under 44 U.S.C. 3501 et seq. and assigned the following control 
numbers: 1018-0014 for Special Use Permit Applications on National 
Wildlife Refuges in Alaska; 1018-0102 for Special Use Permit 
Applications on National Wildlife Refuges Outside Alaska; and 1018-0140 
for Hunting and Fishing Application Forms and Activity Reports for 
National Wildlife Refuges. We collect information to assist us in 
administering our programs in accordance with statutory authorities 
that require that recreational or other uses be compatible with the 
primary purposes for which the areas were established. Send comments on 
any aspect of these forms to the Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, MS 222 ARLSQ, Washington, DC 
20240.

PART 32--[AMENDED]

    3. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 
715i.
    4. Amend Sec. 32.42 Minnesota by revising paragraphs A.2., A.3., 
A.4., and A.6. of Upper Mississippi River National Wildlife and Fish 
Refuge to read as follows:


Sec.  32.42  Minnesota.

* * * * *

[[Page 19323]]

Upper Mississippi River National Wildlife and Fish Refuge

A. Migratory Game Bird Hunting. * * *

* * * * *
    2. In areas posted and shown on maps as ``No Entry - Sanctuary,'' 
we prohibit migratory bird hunting at all times and all public entry 
except as specified. These areas are named and located as follows:
    i. Pool Slough, Pool 9, Minnesota/Iowa, 1,126 acres.
    ii. Bertom Island, Pool 11, Wisconsin, 31 acres.
    iii. Guttenberg Ponds, Pool 11, Iowa, 252 acres.
    iv. Spring Lake, Pool 13, Illinois, 3,697 acres.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed - No Motors,'' we prohibit migratory bird hunting at all times. 
We ask that you practice voluntary avoidance of these areas by any 
means or for any purpose from October 15 to the end of the respective 
State duck season. In areas also marked ``no motors,'' we prohibit the 
use of motors on watercraft from October 15 to the end of the 
respective State duck season.
    These ``Area(s) Closed'' are named and located as follows:
    i. Big Lake, Pool 4, Wisconsin, 2,210 acres.
    ii. Weaver Bottoms/Lost Island, Pool 5, Minnesota/Wisconsin, 3,508 
acres.
    iii. Polander Lake, Pool 5A, Minnesota/Wisconsin, 1,873 acres.
    iv. Lake Onalaska, Pool 7, Wisconsin, 7,366 acres (voluntary 
avoidance on 3,365 acres until mid-November).
    v. Wisconsin Islands, Pool 8, Minnesota/Wisconsin, 6,538 acres.
    vi. Harpers Slough, Pool 9, Iowa/Wisconsin, 5,209 acres.
    vii. Wisconsin River Delta, Pool 10, Wisconsin, 1,414 acres (closed 
November 1 to end of duck season).
    viii. 12-Mile Island, Pool 11, Iowa, 1,139 acres.
    ix. Bertom-McCartney, Pool 11, Wisconsin, 2,384 acres (no voluntary 
avoidance provision).
    x. Pleasant Creek, Pool 13, Iowa, 2,191 acres.
    xi. Elk River, Pool 13, Iowa, 1,248 acres.
    The ``Area(s) Closed - No Motors'' are named and located as 
follows:
    xii. Peterson Lake, Pool 4, Wisconsin 572 acres.
    xiii. Rieck's Lake, Pool 4, Wisconsin, 499 acres.
    xiv. Spring Lake, Pool 5, Wisconsin, 254 acres.
    xv. Sturgeon Slough, Pool 10, Wisconsin, 340 acres.
    xvi. 12-Mile Island, Pool 10, Iowa, 540 acres.
    xvii. John Deere Marsh, Pool 11, Iowa, 439 acres.
    xviii. Kehough Slough, Pool 12, Illinois, 333 acres.
    xiv. Beaver Island, Pool 14, Iowa, 864 acres.
    4. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit migratory bird hunting at all 
times. You must unload and encase firearms in these areas. These areas 
are named and located as follows:
    i. Buffalo River, Pool 4, Wisconsin, 219 acres.
    ii. Fountain City Bay, Pool 5A, Wisconsin, 24 acres.
    iii. Upper Halfway Creek Marsh, Pool 7, Wisconsin, 143 acres.
    iv. Mathy Tract (Brice Prairie), Pool 7, Wisconsin, 75 acres.
    v. Hunter's Point, Pool 8, Wisconsin, 82 acres.
    vi. Goose Island, Pool 8, Wisconsin, 984 acres (also no motors and 
voluntary avoidance as in condition A3).
    vii. Sturgeon Slough, Pool 10, Wisconsin, 66 acres.
    viii. Goetz Island Trail, Pool 11, Iowa, 31 acres.
    ix. Crooked Slough Backwater, Pool 13, Illinois, 2,453 acres.
    x. Crooked Slough Proper, Pool 13, Illinois, 270 acres.
    xi. Frog Pond, Pool 13, Illinois, 64 acres.
    xii. Ingersoll Learning Center, Pool 13, Illinois, 41 acres.
* * * * *
    6. You must immediately make a reasonable attempt to retrieve 
downed waterfowl unless the bird lies in plain sight of you, is clearly 
dead, and there is no risk of the bird drifting off due to wind or 
current. You may retrieve dead or wounded game from areas posted ``Area 
Closed,'' ``No Hunting Zone,'' and ``No Hunting or Trapping Zone'' 
provided you do not take a loaded gun into the area and do not attempt 
to chase birds from the area. You may not use a motor to aid in the 
retrieval of game in areas posted ``Area Closed - No Motors.'' You may 
not retrieve birds or other game from areas posted ``No Entry - 
Sanctuary.''
* * * * *

    Dated: April 11, 2009
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-9491 Filed 4-27-09; 8:45 am]
BILLING CODE 4310-55-S