[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Proposed Rules]
[Pages 35136-35152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12463]



[[Page 35136]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[Docket No. FWS-HQ-NWRS-2022-0055; FXRS12610900000-223-FF09R20000]
RIN 1018-BF66


2022-2023 Station-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: Consistent with the steadfast commitment to access to our 
National Wildlife Refuges and continued efforts to provide hunting and 
fishing opportunities, we, the U.S. Fish and Wildlife Service 
(Service), propose to open, for the first time, two National Wildlife 
Refuges (NWRs) that are currently closed to hunting and sport fishing. 
In addition, we propose to open or expand hunting or sport fishing at 
17 other NWRs and add pertinent station-specific regulations for other 
NWRs that pertain to migratory game bird hunting, upland game hunting, 
big game hunting, or sport fishing for the 2022-2023 season. We also 
propose to make changes to existing station-specific regulations in 
order to reduce the regulatory burden on the public, increase access 
for hunters and anglers on Service lands and waters, and comply with a 
Presidential mandate for plain language standards. Finally, the best 
available science, analyzed as part of this proposed rulemaking, 
indicates that lead ammunition and tackle may have negative impacts on 
both wildlife and human health, and that those impacts are more acute 
for some species. Therefore, while the Service continues to evaluate 
the future of lead use in hunting and fishing on Service lands and 
waters, this rulemaking provides a measured approach in not adding to 
the use of lead on refuge lands. The Service will seek input from 
partners in methods to address the use of lead and commits to a 
transparent process in doing so.

DATES: 
    Written comments: We will accept comments received or postmarked on 
or before August 8, 2022.
    Information collection requirements: If you wish to comment on the 
information collection requirements in this proposed rule, please note 
that the Office of Management and Budget (OMB) is required to make a 
decision concerning the collection of information contained in this 
proposed rule between 30 and 60 days after publication of this proposed 
rule in the Federal Register. Therefore, comments should be submitted 
to OMB by August 8, 2022.

ADDRESSES: 
    Written comments: You may submit comments by one of the following 
methods:
    <bullet> Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Search box, type in FWS-HQ-NWRS-
2022-0055, which is the docket number for this rulemaking. Then, click 
on the Search button. On the resulting screen, find the correct 
document and submit a comment by clicking on ``Comment.''
    <bullet> By hard copy: Submit by U.S. mail or hand delivery: Public 
Comments Processing, Attn: FWS-HQ-NWRS-2022-0055, U.S. Fish and 
Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, 
VA 22041-3803.
    We will not accept email or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Request for Comments, below, 
for more information).
    Information collection requirements: Written comments and 
suggestions on the information collection requirements should be 
submitted by the date specified above in DATES to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Please provide a copy of 
your comments to Service Information Collection Clearance Officer, U.S. 
Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls 
Church, VA 22041-3803 (mail); or <a href="/cdn-cgi/l/email-protection#96dff8f0f9c9d5f9fafad6f0e1e5b8f1f9e0"><span class="__cf_email__" data-cfemail="0e47606861514d6162624e68797d20696178">[email protected]</span></a> (email). Please 
reference OMB Control Number 1018-0140 in the subject line of your 
comments.
    Supporting documents: For information on a specific refuge's or 
hatchery's public use program and the conditions that apply to it, 
contact the respective regional office at the address or phone number 
given in Available Information for Specific Stations under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Kate Harrigan, (703) 358-2440.

SUPPLEMENTARY INFORMATION:

Background

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee), as amended (Administration Act), closes NWRs in 
all States except Alaska to all uses until opened. The Secretary of the 
Interior (Secretary) may open refuge areas to any use, including 
hunting and/or sport fishing, upon a determination that the use is 
compatible with the purposes of the refuge and National Wildlife 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), consistent with the 
principles of sound fish and wildlife management and administration, 
and otherwise in the public interest. These requirements ensure that we 
maintain the biological integrity, diversity, and environmental health 
of the Refuge System for the benefit of present and future generations 
of Americans.
    We annually review hunting and sport fishing programs to determine 
whether to include additional stations or whether individual station 
regulations governing existing programs need modifications. Changing 
environmental conditions, State and Federal regulations, and other 
factors affecting fish and wildlife populations and habitat may warrant 
modifications to station-specific regulations to ensure the continued 
compatibility of hunting and sport fishing programs and to ensure that 
these programs will not materially interfere with or detract from the 
fulfillment of station purposes or the Service's mission.
    Provisions governing hunting and sport fishing on refuges are in 
title 50 of the Code of Federal Regulations at part 32 (50 CFR part 
32), and on hatcheries at part 71 (50 CFR part 71). We regulate hunting 
and sport fishing to:
    <bullet> Ensure compatibility with refuge and hatchery purpose(s);
    <bullet> Properly manage fish and wildlife resource(s);
    <bullet> Protect other values;
    <bullet> Ensure visitor safety; and
    <bullet> Provide opportunities for fish- and wildlife-dependent 
recreation.
    On many stations where we decide to allow hunting and sport 
fishing, our general policy of adopting regulations identical to State 
hunting and sport fishing regulations is adequate in meeting these 
objectives. On other stations, we must supplement State regulations 
with more-restrictive Federal regulations to ensure that we meet our 
management responsibilities, as outlined under Statutory Authority, 
below. We issue station-specific hunting and sport fishing regulations 
when we open wildlife refuges and fish hatcheries to migratory game 
bird hunting, upland game hunting, big game hunting, or sport fishing. 
These regulations may list the wildlife species

[[Page 35137]]

that you may hunt or fish; seasons; bag or creel (container for 
carrying fish) limits; methods of hunting or sport fishing; 
descriptions of areas open to hunting or sport fishing; and other 
provisions as appropriate.

Statutory Authority

    The Administration Act, as amended by the National Wildlife Refuge 
System Improvement Act of 1997 (Improvement Act; Pub. L. 105-57), 
governs the administration and public use of refuges, and the Refuge 
Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) governs 
the administration and public use of refuges and hatcheries.
    Amendments enacted by the Improvement Act were built upon the 
Administration Act in a manner that provides an ``organic act'' for the 
Refuge System, similar to organic acts that exist for other public 
Federal lands. The Improvement Act serves to ensure that we effectively 
manage the Refuge System as a national network of lands, waters, and 
interests for the protection and conservation of our Nation's wildlife 
resources. The Administration Act states first and foremost that we 
focus our Refuge System mission on conservation of fish, wildlife, and 
plant resources and their habitats. The Improvement Act requires the 
Secretary, before allowing a new use of a refuge, or before expanding, 
renewing, or extending an existing use of a refuge, to determine that 
the use is compatible with the purpose for which the refuge was 
established and the mission of the Refuge System. The Improvement Act 
established as the policy of the United States that wildlife-dependent 
recreation, when compatible, is a legitimate and appropriate public use 
of the Refuge System, through which the American public can develop an 
appreciation for fish and wildlife. The Improvement Act established six 
wildlife-dependent recreational uses as the priority general public 
uses of the Refuge System. These uses are hunting, fishing, wildlife 
observation and photography, and environmental education and 
interpretation.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System and Hatchery System for public recreation as 
an appropriate incidental or secondary use only to the extent that 
doing so is practicable and not inconsistent with the primary 
purpose(s) for which Congress and the Service established the areas. 
The Recreation Act requires that any recreational use of refuge or 
hatchery lands be compatible with the primary purpose(s) for which we 
established the refuge and not inconsistent with other previously 
authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    We develop specific management plans for each refuge prior to 
opening it to hunting or sport fishing. In many cases, we develop 
station-specific regulations to ensure the compatibility of the 
programs with the purpose(s) for which we established the refuge or 
hatchery and the Refuge and Hatchery System mission. We ensure initial 
compliance with the Administration Act and the Recreation Act for 
hunting and sport fishing on newly acquired land through an interim 
determination of compatibility made at or near the time of acquisition. 
These regulations ensure that we make the determinations required by 
these acts prior to adding refuges to the lists of areas open to 
hunting and sport fishing in 50 CFR parts 32 and 71. We ensure 
continued compliance by the development of comprehensive conservation 
plans and step-down management plans, and by annual review of hunting 
and sport fishing programs and regulations.

Proposed Amendments to Existing Regulations

Updates to Hunting and Fishing Opportunities on NWRs

    This document proposes to codify in the Code of Federal Regulations 
all of the Service's hunting and/or sport fishing regulations that we 
would update since the last time we published a rule amending these 
regulations (86 FR 48822; August 31, 2021) and that are applicable at 
Refuge System units previously opened to hunting and/or sport fishing. 
We propose this to better inform the general public of the regulations 
at each station, to increase understanding and compliance with these 
regulations, and to make enforcement of these regulations more 
efficient. In addition to now finding these regulations in 50 CFR parts 
32, visitors to our stations may find them reiterated in literature 
distributed by each station or posted on signs.

                                          Table 1--Proposed Changes for 2022-2023 Hunting/Sport Fishing Season
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             Station                       State         Migratory bird  hunting    Upland game hunting      Big game  hunting         Sport fishing
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Baskett Slough NWR...............  Oregon..............  E......................  Closed................  Closed................  Closed.
Blackwater NWR...................  Maryland............  E......................  O.....................  E.....................  Already Open.
Canaan Valley NWR................  West Virginia.......  Already Open...........  Already Open..........  E.....................  Already Open.
Chincoteague NWR.................  Virginia............  O......................  O.....................  O/E...................  Already Open.
Crab Orchard NWR.................  Illinois............  E......................  Already Open..........  Already Open..........  Already Open.
Eastern Neck NWR.................  Maryland............  Closed.................  O.....................  E.....................  Already Open.
Erie NWR.........................  Pennsylvania........  O......................  O.....................  O.....................  E.
Ernest F. Hollings ACE Basin NWR.  South Carolina......  Already Open...........  Closed................  E.....................  Already Open.
Great Thicket NWR................  New York/Maine......  O......................  O.....................  O.....................  Closed.
James River NWR..................  Virginia............  O......................  Already Open..........  Already Open..........  Already Open.
Patoka River NWR and Management    Indiana.............  E......................  E.....................  E.....................  E.
 Area.
Patuxent Research Refuge.........  Maryland............  E......................  E.....................  E.....................  Already Open.
Rachel Carson NWR................  Maine...............  Already Open...........  C.....................  E.....................  Already Open.
Rappahannock River Valley NWR....  Virginia............  O......................  Already Open..........  Already Open..........  Already Open.
San Diego NWR....................  California..........  Closed.................  O.....................  O.....................  Closed.
Shawangunk Grasslands NWR........  New York............  Closed.................  Closed................  O/E...................  Closed.
Trustom Pond NWR.................  Rhode Island........  Already Open...........  O.....................  O.....................  Already Open.
Turnbull NWR.....................  Washington..........  Already Open...........  Closed................  O.....................  Closed.
Wallops Island NWR...............  Virginia............  O......................  O.....................  O.....................  Closed.
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Key:
N = New station opened (New Station).

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O = New species and/or new activity on a station previously open to other activities (Opening).
E = Station already open to activity adds new lands/waters, modifies areas open to hunting or fishing, extends season dates, adds a targeted hunt,
  modifies season dates, modifies hunting hours, etc. (Expansion).
C = Station closing certain species or the activity on some or all acres (Closing).

    The changes for the 2022-2023 hunting/fishing season noted in the 
table above are each based on a complete administrative record which, 
among other detailed documentation, also includes a hunt plan, a 
compatibility determination (for refuges), and the appropriate National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) analysis, all 
of which were the subject of a public review and comment process. These 
documents are available upon request.
    The Service remains concerned that lead is an important issue and 
will continue to appropriately evaluate and regulate lead ammunition 
and tackle on Service lands and waters. The best available science, 
analyzed as part of this proposed rulemaking, indicates that lead 
ammunition and tackle may have negative impacts on both wildlife and 
human health. Therefore, while the Service continues to evaluate the 
future of lead use in hunting and fishing on Service lands and waters, 
this rulemaking does not include any opportunities that would increase 
the use of lead on refuge lands. Patoka River NWR is proposing to 
require non-lead ammunition and tackle by fall 2026, and if adopted in 
the final rule, this refuge-specific proposed regulation would take 
effect on September 1, 2026. Blackwater, Canaan Valley, Chincoteague, 
Eastern Neck, Erie, Great Thicket, Patuxent Research Refuge, Rachel 
Carson, and Wallops Island NWRs have analyzed the phase-out of lead 
ammunition and tackle by fall 2026 for their proposed hunting and 
fishing opportunities in their individual environmental assessments and 
hunting and fishing plans, and plan to propose the regulatory 
requirement for using non-lead ammunition in the 2026-2027 annual rule.

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 https://www.epa.gov/fish-tech.

Request for Comments

    You may submit comments and materials on this proposed rule by one 
of the methods listed in ADDRESSES. We will not accept comments sent by 
email or fax or to an address not listed in ADDRESSES. We will not 
consider hand-delivered comments that we do not receive, or mailed 
comments that are not postmarked, by the date specified in DATES.
    We will post your entire comment on https://www.regulations.gov. 
Before including personal identifying information in your comment, you 
should be aware that we may make your entire comment--including your 
personal identifying information--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 post all hardcopy comments on https://www.regulations.gov.

Required Determinations

Clarity of This Proposed Rule

    Executive Orders 12866 and 12988 and the Presidential Memorandum of 
June 1, 1998, require us 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 ADDRESSES. To better help us 
revise the rule, your comments should be as 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 (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rulemaking is not significant.
    Executive Order (E.O.) 13563 reaffirms the principles of E.O. 12866 
while calling for improvements in the nation's regulatory system to 
promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. E.O. 13563 emphasizes 
further that regulations must be based on the best available science 
and that the rulemaking process must allow for public participation and 
an open exchange of ideas. We have developed this rule in a manner 
consistent with these requirements.

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 will not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ``significant impact'' and a threshold for a 
``substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would open or expand hunting and sport fishing 
on 19 NWRs. As a result, visitor use for wildlife-dependent recreation 
on these stations will change. If the stations establishing new 
programs were a pure addition to the current supply of those 
activities, it would mean an estimated maximum increase of 2,769 user 
days (one person per day participating in a recreational opportunity; 
see table 2). Because the participation trend is flat in these 
activities, this increase in supply will most likely be offset by other 
sites losing participants. Therefore, this is likely to be a substitute 
site for the

[[Page 35139]]

activity and not necessarily an increase in participation rates for the 
activity.

                   Table 2--Estimated Maximum Change in Recreation Opportunities in 2022-2023
                                           [2021 Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                    Additional      Additional      Additional
                             Station                               hunting days    fishing days    expenditures
----------------------------------------------------------------------------------------------------------------
Baskett Slough NWR..............................................             270  ..............            $9.5
Blackwater NWR..................................................             100  ..............             3.5
Canaan Valley NWR...............................................              25  ..............             0.9
Chincoteague NWR................................................              75  ..............             2.6
Crab Orchard NWR................................................              60  ..............             2.1
Eastern Neck NWR................................................              15  ..............             0.5
Erie NWR........................................................              25              30             2.0
Ernest F. Hollings ACE Basin NWR................................  ..............  ..............             0.0
Great Thicket NWR...............................................             175  ..............             6.2
James River NWR.................................................              75  ..............             2.6
Patoka River NWR and Management Area............................              17               3             0.6
Patuxent Research Refuge........................................             100  ..............             3.6
Rachel Carson NWR...............................................              10  ..............             0.4
Rappahannock River Valley NWR...................................             100  ..............             3.5
San Diego NWR...................................................           1,002  ..............            35.3
Shawangunk Grasslands NWR.......................................              75  ..............             2.6
Trustom Pond NWR................................................              60  ..............             2.1
Turnbull NWR....................................................             560  ..............            19.7
Wallops Island NWR..............................................              25  ..............             0.9
                                                                 -----------------------------------------------
    Total.......................................................           2,769              33            98.6
----------------------------------------------------------------------------------------------------------------

    To the extent visitors spend time and money in the area of the 
station that they would not have spent there anyway, they contribute 
new income to the regional economy and benefit local businesses. Due to 
the unavailability of site-specific expenditure data, we use the 
national estimates from the 2016 National Survey of Fishing, Hunting, 
and Wildlife Associated Recreation to identify expenditures for food 
and lodging, transportation, and other incidental expenses. Using the 
average expenditures for these categories with the maximum expected 
additional participation of the Refuge System yields approximately 
$99,000 in recreation-related expenditures (see table 2, above). By 
having ripple effects throughout the economy, these direct expenditures 
are only part of the economic impact of these recreational activities. 
Using a national impact multiplier for hunting activities (2.51) 
derived from the report ``Hunting in America: An Economic Force for 
Conservation'' and for fishing activities (2.51) derived from the 
report ``Sportfishing in America'' yields a total maximum economic 
impact of approximately $248,000 (2021 dollars) (Southwick Associates, 
Inc., 2018). Using a local impact multiplier would yield more accurate 
and smaller results. However, we employed the national impact 
multiplier due to the difficulty in developing local multipliers for 
each specific region.
    Since we know that most of the fishing and hunting occurs within 
100 miles of a participant's residence, then it is unlikely that most 
of this spending will be ``new'' money coming into a local economy; 
therefore, this spending will be offset with a decrease in some other 
sector of the local economy. The net gain to the local economies will 
be no more than $248,000 and likely less. Since 80 percent of the 
participants travel less than 100 miles to engage in hunting and 
fishing activities, their spending patterns will not add new money into 
the local economy and, therefore, the real impact will be on the order 
of about $50,000 annually.
    Small businesses within the retail trade industry (such as hotels, 
gas stations, taxidermy shops, bait-and-tackle shops, and similar 
businesses) may be affected by some increased or decreased station 
visitation. A large percentage of these retail trade establishments in 
the local communities around NWRs qualify as small businesses (see 
table 3, below). We expect that the incremental recreational changes 
will be scattered, and so we do not expect that the rule will have a 
significant economic effect on a substantial number of small entities 
in any region or nationally. As noted previously, we expect at most 
$99,000 to be spent in total in the refuges' local economies. The 
maximum increase will be less than one-tenth of 1 percent for local 
retail trade spending (see table 3, below). Table 3 does not include 
entries for those NWRs for which we project no changes in recreation 
opportunities in 2022-2023; see table 2, above.

                     Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2022-2023
                                                                [Thousands, 2021 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Establishments
                                                            Retail trade in   Estimated maximum   Addition as % of  Establishments in   with fewer than
                   Station/county(ies)                          \1\ 2017      addition from new        total             \1\ 2017       10 employees in
                                                                                  activities                                                \1\ 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baskett Slough:
    Polk, OR.............................................           $454,935                $10               <0.1                120                 79

[[Page 35140]]

 
Blackwater:
    Wicomico, MD.........................................          1,983,533                  2               <0.1                376                226
    Dorchester, MD.......................................            541,191                  2               <0.1                100                 74
Canaan Valley:
    Grant, WV............................................            118,297                 <1               <0.1                 42                 28
    Tucker, WV...........................................             70,798                 <1               <0.1                 28                 20
Chincoteague:
    Accomack, VA.........................................            405,539                  3               <0.1                159                122
Crab Orchard:
    Williamson, IL.......................................          1,298,962                  2               <0.1                259                168
Eastern Neck:
    Kent, MD.............................................            216,681                  1               <0.1                 87                 57
Erie:
    Crawford, PA.........................................          1,095,512                  2               <0.1                293                197
Great Thicket:
    Dutchess, NY.........................................          4,321,906                  3               <0.1              1,084                784
    York, ME.............................................          2,972,219                  3               <0.1                871                640
James River:
    Prince George, VA....................................            317,610                  1               <0.1                 65                 42
Patoka River:
    Pike, IN.............................................             70,298                 <1               <0.1                 32                 23
    Gibson, IN...........................................            554,605                 <1               <0.1                116                 76
Patuxent Research Refuge:
    Arundel, MD..........................................         10,437,225                  2               <0.1              1,984              1,216
    Prince George, MD....................................         11,591,063                  2               <0.1              2,361              1,482
Rachel Carson:
    York, ME.............................................          2,972,219                 <1               <0.1                871                640
    Cumberland, ME.......................................          7,773,235                 <1               <0.1              1,454                936
Rappahannock River Valley:
    Essex, VA............................................            244,493                  1               <0.1                 65                 48
    King George, VA......................................            379,429                  1               <0.1                 64                 42
    Westmoreland, VA.....................................            128,188                  1               <0.1                 44                 31
    Richmond, VA.........................................          2,498,764                  1               <0.1                795                578
    Caroline, VA.........................................            339,291                  1               <0.1                 63                 48
San Diego:
    San Diego, CA........................................         51,587,171                 35               <0.1              9,423              6,245
Shawangunk Grasslands:
    Ulster, NY...........................................          2,841,612                  3               <0.1                747                546
Trustom Pond:
    Washington, RI.......................................          2,314,122                  2               <0.1                524                372
Turnbull:
    Spokane, WA..........................................          8,674,550                 20               <0.1              1,627              1,036
Wallops Island:
    Accomack, VA.........................................            405,539                 <1               <0.1                159                122
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau.

    With the small change in overall spending anticipated from this 
proposed rule, it is unlikely that a substantial number of small 
entities will have more than a small impact from the spending change 
near the affected stations. Therefore, we certify that this rule, as 
proposed, will not have a significant economic effect on a substantial 
number of small entities as defined under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). A regulatory flexibility analysis is not 
required. Accordingly, a small entity compliance guide is not required.

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 proposed rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. The minimal impact would be scattered across the country and 
would most likely not be significant in any local area.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule would have only a 
slight effect on the costs of hunting opportunities for Americans. If 
the substitute sites are farther from the participants' residences, 
then an increase in travel costs would occur. The Service does not have 
information to quantify this change in travel cost but assumes that, 
since most people travel less than 100 miles to hunt, the increased 
travel cost would be small. We do not expect this proposed rule to 
affect the supply or demand for hunting opportunities in the United 
States, and, therefore, it should not

[[Page 35141]]

affect prices for 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 at NWRs. Therefore, if adopted, this rule would have no 
measurable economic effect on the wildlife-dependent industry, which 
has annual sales of equipment and travel expenditures of $72 billion 
nationwide.

Unfunded Mandates Reform Act

    Since this 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 proposed 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 proposed rule would affect only 
visitors at NWRs, and would describe what they can do while they are on 
a Service station.

Federalism (E.O. 13132)

    As discussed under Regulatory Planning and Review and Unfunded 
Mandates Reform Act, above, this proposed rule would not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement under E.O. 13132. In preparing this 
proposed rule, we worked with State governments.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Department of the Interior has 
determined that this 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.

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, or use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. Because this proposed rule would add 2 
NWRs to the list of refuges open to hunting and sport fishing and open 
or expand hunting or sport fishing at 17 other NWRs, it is not a 
significant regulatory action under E.O. 12866, and we do not expect it 
to significantly affect energy supplies, distribution, or use. 
Therefore, this action is 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 NWRs and national 
fish hatcheries (NFHs) with Tribal governments having adjoining or 
overlapping jurisdiction before we propose the regulations.

Paperwork Reduction Act (PRA)

    This proposed rule contains existing information collections. All 
information collections require approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). We may not conduct or sponsor and you are not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB has reviewed and approved 
the information collection requirements associated with hunting and 
sport fishing activities across the National Wildlife Refuge System and 
National Fish Hatchery System and assigned the following OMB control 
numbers:
    <bullet> 1018-0140, ``Hunting and Sport Fishing Application Forms 
and Activity Reports for National Wildlife Refuges, 50 CFR 25.41, 
25.43, 25.51, 26.32, 26.33, 27.42, 30.11, 31.15, 32.1 to 32.72'' 
(Expires 12/31/2023),
    <bullet> 1018-0102, ``National Wildlife Refuge Special Use Permit 
Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36'' 
(Expires 01/31/2024),
    <bullet> 1018-0135, ``Electronic Federal Duck Stamp Program'' 
(Expires 01/31/2023),
    <bullet> 1018-0093, ``Federal Fish and Wildlife Permit Applications 
and Reports--Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23'' 
(Expires 08/31/2023), and
    <bullet> 1024-0252, ``The Interagency Access Pass and Senior Pass 
Application Processes'' (Expires 09/30/2023).
    In accordance with the PRA and its implementing regulations at 5 
CFR 1320.8(d)(1), we provide the general public and other Federal 
agencies with an opportunity to comment on our proposal to revise OMB 
control number 1018-0140. This helps us assess the impact of our 
information collection requirements and minimize the public's reporting 
burden. It also helps the public understand our information collection 
requirements and provide the requested data in the desired format.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the 
public and other Federal agencies to comment on any aspect of this 
proposed information collection, including:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of response.
    Comments that you submit in response to this proposed rulemaking 
are a matter of public record. Before including your address, phone 
number, email 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.
    The Service's proposed rule (RIN 1018-BF66) would open, for the 
first time, hunting and sport fishing on two NWRs and open or expand 
hunting and sport fishing at 17 other NWRs. The additional burden 
associated with these new or expanded hunting and sport fishing 
opportunities, as well as the revised information collections 
identified below, require OMB approval.
    Many refuges offer hunting and sport fishing activities without 
collecting any information. Those refuges that do collect hunter and 
angler information do so seasonally, usually once a year at the 
beginning of the hunting or sport fishing season. Some refuges may 
elect to collect the identical information via a

[[Page 35142]]

non-form format (letter, email, or through discussions in person or 
over the phone). Some refuges provide the form electronically over the 
internet. In some cases, because of high demand and limited resources, 
we often provide hunt opportunities by lottery, based on dates, 
locations, or type of hunt.
    The proposed changes to the existing information collections 
identified below require OMB approval:
Hunting Applications/Permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System)
    Form 3-2439 collects the following information from individuals 
seeking hunting experiences on the NWRs:
    <bullet> Lottery Application: Refuges who administer hunting via a 
lottery system will use Form 3-2439 as the lottery application. If the 
applicant is successful, the completed Form 3-2439 also serves as their 
permit application, avoiding a duplication of burden on the public 
filling out two separate forms.
    <bullet> Date of application: We often have application deadlines, 
and this information helps staff determine the order in which we 
received the applications. It also ensures that the information is 
current.
    <bullet> Methods: Some refuges hold multiple types of hunts, i.e., 
archery, shotgun, primitive weapons, etc. We ask for this information 
to identify opportunity(ies) a hunter is applying for.
    <bullet> Species Permit Type: Some refuges allow only certain 
species, such as moose, elk, or bighorn sheep, to be hunted. We ask 
hunters to identify which species they are applying to hunt for.
    <bullet> Applicant information: We collect name, address, phone 
number(s), and email so we can contact the applicant/permittee either 
during the application process, when the applicant is successful in a 
lottery drawing, or after receiving a permit.
    <bullet> Party Members: Some refuges allow the permit applicant to 
include additional hunters in their group. We collect the names of all 
additional hunters, when allowed by the refuge.
    <bullet> Parent/Guardian Contact Information: We collect name, 
relationship, address, phone number(s), and email for a parent/guardian 
of youth hunters. We ask for this information in the event of an 
emergency.
    <bullet> Date: We ask hunters for their preferences for hunt dates.
    <bullet> Hunt/Blind Location: We ask hunters for their preferences 
for hunt units, areas, or blinds.
    <bullet> Special hunts: Some refuges hold special hunts for youth, 
hunters who are disabled, or other underserved populations. We ask 
hunters to identify if they are applying for these special hunts. For 
youth hunts, we ask for the age of the hunter at the time of the hunt.
    <bullet> Signature and date: To confirm that the applicant (and 
parent/guardian, if a youth hunter) understands the terms and 
conditions of the permit.
    Proposed revisions to FWS Form 3-2439:
    With this submission, we propose to add an option for refuges to 
allow mobility impaired applicants to reserve specific hunting blinds 
upon providing proof of disability. The refuge will not retain the 
proof of disability. The documentation will be shredded upon approval 
of the blind reservation.
Self-Clearing Check-in Permit (FWS Form 3-2405)
    FWS Form 3-2405 has three parts:
    <bullet> Self-Clearing Daily Check-in Permit. Each user completes 
this portion of the form (date of visit, name, and telephone numbers) 
and deposits it in the permit box prior to engaging in any activity on 
the refuge.
    <bullet> Self-Clearing Daily Visitor Registration Permit. Each user 
must complete the front side of the form (date, name, city, State, zip 
code, and purpose of visit) and carry this portion while on the refuge. 
At the completion of the visit, each user must complete the reverse 
side of the form (number of hours on refuge, harvest information 
(species and number), harvest method, angler information (species and 
number), and wildlife sighted (e.g., black bear and hog)) and deposit 
it in the permit box.
    <bullet> Self-Clearing Daily Vehicle Permit. The driver and each 
user traveling in the vehicle must complete this portion (date) and 
display in clear view in the vehicle while on the refuge.
    We use FWS Form 3-2405 to collect:
    <bullet> Information on the visitor (name, address, and contact 
information). We use this information to identify the visitor or 
driver/passenger of a vehicle while on the refuge. This is extremely 
valuable information should visitors become lost or injured. Law 
enforcement officers can easily check vehicles for these cards in order 
to determine a starting point for the search or to contact family 
members in the event of an abandoned vehicle. Having this information 
readily available is critical in a search and rescue situation.
    <bullet> Purpose of visit (hunting, sport fishing, wildlife 
observation, wildlife photography, auto touring, birding, hiking, 
boating/canoeing, visitor center, special event, environmental 
education class, volunteering, other recreation). This information is 
critical in determining public use participation in wildlife management 
programs. This not only allows the refuge to manage its hunt and other 
visitor use programs, but also to increase and/or improve facilities 
for non-consumptive uses that are becoming more popular on refuges. 
Data collected will also help managers better allocate staff and 
resources to serve the public as well as develop annual performance 
measures.
    <bullet> Success of harvest by hunters/anglers (number and type of 
harvest/caught). This information is critical to wildlife management 
programs on refuges. Each refuge will customize the form by listing 
game species and incidental species available on the refuge, hunting 
methods allowed, and data needed for certain species (e.g., for deer, 
whether it is a buck or doe and the number of points; or for turkeys, 
the weight and beard and spur lengths).
    <bullet> Visitor observations of incidental species. This 
information will help managers develop annual performance measures and 
provides information to help develop resource management planning.
    <bullet> Photograph of animal harvested (specific refuges only). 
This requirement documents the sex of animal prior to the hunter being 
eligible to harvest the opposite sex (where allowed).
    <bullet> Date of visit and/or area visited.
    <bullet> Comments. We encourage visitors to comment on their 
experience.
    Proposed revisions to FWS Form 3-2405:
    With this submission, we propose the addition of a question asking 
hunters to provide the total number of hunt days on the refuge (at the 
conclusion of their hunting activities). Refuge management will use 
this information to monitor and evaluate hunt quality and resource 
impacts.
    We will propose to renew, without change, the remaining information 
collections identified below currently approved by OMB:
Sport Fishing Application/Permit (FWS Form 3-2358, ``Sport Fishing-
Shrimping-Crabbing-Frogging Permit Application'')
    Form 3-2358 allows the applicant to choose multiple permit 
activities, and requests the applicant provide the State fishing 
license number. The form provides the refuge with more flexibility to 
insert refuge-specific requirements/instructions, along with a permit 
number and dates valid for season issued.
    We collect the following information from individuals seeking sport 
fishing experiences:

[[Page 35143]]

    <bullet> Date of application: We often have application deadlines, 
and this information helps staff determine the order in which we 
received the applications. It also ensures that the information is 
current.
    <bullet> State fishing license number: We ask for this information 
to verify the applicant is legally licensed by the State (where 
required).
    <bullet> Permit Type: On sport fishing permits, we ask what type of 
activity (crabbing, shrimping, frogging, etc.) is being applied for.
    <bullet> Applicant information: We collect name, address, phone 
number(s), and email so we can contact the applicant/permittee either 
during the application process or after receiving a permit.
    <bullet> Signature and date: To confirm that the applicant (and 
parent/guardian, if a youth hunter) understands the terms and 
conditions of the permit.
Harvest/Fishing Activity Reports
    We have one harvest/fishing activity report, FWS Form 3-2439, to be 
completed by hunters which addresses the species unique to the refuge 
being hunted. We ask users to report on their success after their 
experience so that we can evaluate hunt quality and resource impacts.
    We collect the following information on the harvest reports:
    <bullet> State-issued hunter identification (ID)/license number 
(Note: Refuges/hatcheries that rely on the State agency to issue 
hunting permits are not required to collect the permittee's personal 
identifying information (PII) on the harvest form. Those refuges/
hatcheries may opt to collect only the State ID number assigned to the 
hunter in order to match harvest data with their issued permit. 
Refuges/hatcheries will collect either hunter PII or State-issued ID 
number, but not both.).
    <bullet> Species observed. Data will be used by refuge/hatchery 
staff to document the presence of rare or unusual species (e.g., 
endangered or threatened species, or invasive species).
    <bullet> Permit number/type. Data will be used to link the harvest 
report to the issued permit.
    <bullet> Hunt Tag Number. Data will be used to link the harvest 
report to the species-specific hunt tag.
    <bullet> Number of youth (younger than 18) in party. Data will be 
used to better understand volume of youth hunting on a refuge/hatchery. 
Specific hunter names are not collected, just total number of youths in 
hunting party.
    <bullet> Harvested by. Data will be used to determine ratio of 
adults to youth hunters. Specific hunter names are not collected.
Labeling/Marking Requirements
    As a condition of the permit, some refuges require permittees to 
label hunting and/or sport fishing gear used on the refuge. This 
equipment may include items such as the following: tree stands, blinds, 
or game cameras; hunting dogs (collars); flagging/trail markers; boats; 
and/or sport fishing equipment such as jugs, trotlines, and crawfish or 
crab traps. Refuges require the owner to label their equipment with 
their last name, the State-issued hunting/fishing license number, and/
or hunting/fishing permit number. Refuges may also require equipment 
for youth hunters include ``YOUTH'' on the label. This minimal 
information is necessary in the event the refuge needs to contact the 
owner.
Required Notifications
    On occasion, hunters may find their game has landed outside of 
established hunting boundaries. In this situation, hunters must notify 
an authorized refuge employee to obtain consent to retrieve the game 
from an area closed to hunting or entry only upon specific consent. 
Certain refuges also require hunters to notify the refuge manager when 
hunting specific species (e.g., black bear, bobcat, or eastern coyote) 
with trailing dogs. Refuges encompassing privately owned lands, 
referred to as ``easement overlay refuges'' or ``limited-interest 
easement refuges,'' may also require the hunter to obtain written or 
oral permission from the landowner prior to accessing the land.
    Due to the wide range of hunting and sport fishing opportunities 
offered on NWRs and NFHs, the refuges and fish hatcheries may customize 
the forms to remove any fields that are not pertinent to the 
recreational opportunities they offer. Refuges will not add any new 
fields to the forms, but the order of the fields may be reorganized. 
Refuges may also customize the forms with instructions and permit 
conditions specific to a particular unit for the hunting/sport fishing 
activity. Copies of the draft forms are available to the public by 
submitting a request to the Service Information Collection Clearance 
Officer using one of the methods identified above in ADDRESSES.
    Title of Collection: Hunting and Fishing Application Forms and 
Activity Reports for National Wildlife Refuges and National Fish 
Hatcheries, 50 CFR parts 32 and 71.
    OMB Control Number: 1018-0140.
    Form Number: FWS Forms 3-2358, 3-2405, 3-2439, and 3-2542.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Individuals and households.
    Respondent's Obligation: Required to Obtain or Retain a Benefit.
    Frequency of Collection: On occasion.
    Estimated Annual Non-hour Burden Cost: $87,365 (application fees 
associated with hunting and sport fishing activities).

----------------------------------------------------------------------------------------------------------------
                                                                                Completion time
                           Activity                             Annual number     per response     Total annual
                                                                 of responses      (minutes)      burden hours *
----------------------------------------------------------------------------------------------------------------
Fish/Crab/Shrimp Application/Permit (Form 3-2358)............            2,662                5              222
Harvest Reports (Forms 3-2542)...............................          591,577               15          147,894
Hunt Application/Permit (Form 3-2439)........................          361,359               10           60,227
Labeling/Marking Requirements................................            2,341               10              390
Required Notifications.......................................              498               30              249
Self-Clearing Check-In Permit (Form 3-2405)..................          673,618                5           56,135
                                                              --------------------------------------------------
    Totals...................................................        1,632,055  ...............          265,117
----------------------------------------------------------------------------------------------------------------
* Rounded.

    The above burden estimates indicate an expected total of 1,632,055 
responses and 265,117 burden hours across all of our forms. These 
totals reflect expected increases of 1,652 responses and 270 burden 
hours relative to our previous information collection request. We 
expect minimal burden increases as a direct result of the increased 
number of hunting and fishing opportunities on Service stations under 
this proposed rule.

[[Page 35144]]

    Send your comments and suggestions on this information collection 
by the date indicated under Information collection requirements in 
DATES to the Service Information Collection Clearance Officer, U.S. 
Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls 
Church, VA 22041-3803 (mail); or <a href="/cdn-cgi/l/email-protection#b7fed9d1d8e8f4d8dbdbf7d1c0c499d0d8c1"><span class="__cf_email__" data-cfemail="c68fa8a0a99985a9aaaa86a0b1b5e8a1a9b0">[email protected]</span></a> (email). Please 
reference OMB Control Number 1018-0140 in the subject line of your 
comments.

Endangered Species Act Section 7 Consultation

    We comply with section 7 of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.), when developing comprehensive 
conservation plans and step-down management plans--which would include 
hunting and/or fishing plans--for public use of refuges and hatcheries, 
and prior to implementing any new or revised public recreation program 
on a station as identified in 50 CFR 26.32. We complied with section 7 
for each of the stations affected by this proposed rulemaking.

National Environmental Policy Act

    We analyzed this proposed rule in accordance with the criteria of 
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 
4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.
    A categorical exclusion from NEPA documentation applies to 
publication of proposed amendments to station-specific hunting and 
fishing regulations because they are technical and procedural in 
nature, and the environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis (43 CFR 46.210 
and 516 DM 8). Concerning the actions that are the subject of this 
proposed rulemaking, we have complied with NEPA at the project level 
when developing each proposal. This is consistent with the Department 
of the Interior instructions for compliance with NEPA where actions are 
covered sufficiently by an earlier environmental document (43 CFR 
46.120).
    Prior to the addition of a refuge or hatchery to the list of areas 
open to hunting and fishing in 50 CFR parts 32 and 71, we develop 
hunting and fishing plans for the affected stations. We incorporate 
these proposed station hunting and fishing activities in the station 
comprehensive conservation plan and/or other step-down management 
plans, pursuant to our refuge planning guidance in 602 Fish and 
Wildlife Service Manual (FW) 1, 3, and 4. We prepare these 
comprehensive conservation plans and step-down plans in compliance with 
section 102(2)(C) of NEPA, the Council on Environmental Quality's 
regulations for implementing NEPA in 40 CFR parts 1500 through 1508, 
and the Department of Interior's NEPA regulations 43 CFR part 46. We 
invite the affected public to participate in the review, development, 
and implementation of these plans. Copies of all plans and NEPA 
compliance are available from the stations at the addresses provided 
below.

Available Information for Specific Stations

    Individual refuge and hatchery headquarters have information about 
public use programs and conditions that apply to their specific 
programs and maps of their respective areas. To find out how to contact 
a specific refuge or hatchery, contact the appropriate Service office 
for the States listed below:
    Hawaii, Idaho, Oregon, and Washington. Regional Chief, National 
Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside 
Federal Complex, Suite 1692, 911 NE 11th Avenue, Portland, OR 97232-
4181; Telephone (503) 231-6203.
    Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National 
Wildlife Refuge System, U.S. Fish and Wildlife Service, P.O. Box 1306, 
500 Gold Avenue SW, Albuquerque, NM 87103; Telephone (505) 248-6635.
    Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and 
Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish 
and Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington, 
MN 55437-1458; Telephone (612) 713-5476.
    Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, 
and the Virgin Islands. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, 
Atlanta, GA 30345; Telephone (404) 679-7356.
    Connecticut, Delaware, District of Columbia, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, Vermont, Virginia, and West Virginia. Regional Chief, National 
Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate 
Center Drive, Hadley, MA 01035-9589; Telephone (413) 253-8307.
    Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, 
Utah, and Wyoming. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO 80228; 
Telephone (303) 236-4377.
    Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish 
and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; Telephone 
(907) 786-3545.
    California and Nevada. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-2606, 
Sacramento, CA 95825; Telephone (916) 767-9241.

Primary Author

    Kate Harrigan, Division of Natural Resources and Conservation 
Planning, National Wildlife Refuge System, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 32

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

Proposed Regulation Promulgation

    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 32--HUNTING AND FISHING

0
1. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 
715i; Pub. L. 115-20, 131 Stat. 86.

0
2. Amend Sec.  32.7 by:
0
a. Redesignating paragraphs (e)(17) through (23) as paragraphs (e)(18) 
through (24) and adding a new paragraph (e)(17);
0
b. Redesignating paragraphs (s)(2) through (7) as paragraphs (s)(3) 
through (8) and adding a new paragraph (s)(2); and
0
d. Redesignating paragraphs (ff)(3) through (10) as paragraphs (ff)(4) 
through (11) and adding a new paragraph (ff)(3).
    The additions read as follows:


Sec.  32.7  What refuge units are open to hunting and/or sport fishing?

* * * * *
    (e) * * *
    (17) San Diego National Wildlife Refuge.
* * * * *
    (s) * * *
    (2) Great Thicket National Wildlife Refuge.
* * * * *
    (ff) * * *
    (3) Great Thicket National Wildlife Refuge.
* * * * *
0
3. Amend Sec.  32.24 by:
0
a. Revising paragraphs (m)(1)(ix) and (m)(4)(i);

[[Page 35145]]

0
b. Redesignating paragraphs (q) through (w) as (r) through (x);
0
c. Adding new paragraph (q); and
0
d. Revising newly redesignated paragraphs (t)(2)(ii) and (w)(2)(ii).
    The revisions and addition read as follows:


Sec.  32.24  California.

* * * * *
    (m) * * *
    (1) * * *
    (ix) We only allow access to the hunt area by foot and nonmotorized 
cart.
* * * * *
    (4) * * *
    (i) We prohibit fishing from October 1 to January 31.
* * * * *
    (q) San Diego National Wildlife Refuge--(1) [Reserved]
    (2) Upland game hunting. We allow hunting of quail, mourning and 
white-winged dove, spotted and ringed turtle dove, Eurasian collared-
dove, brush rabbit, cottontail rabbit, and jackrabbit on designated 
areas of the refuge subject to the following conditions:
    (i) Archery hunting of quail is limited to September 1 to the 
closing date established by the California Department of Fish and 
Wildlife (CDFW).
    (ii) Hunting of brush rabbit and cottontail rabbit is limited to 
September 1 to the closing date established by CDFW.
    (iii) Hunting of Eurasian collared-dove and jackrabbit is limited 
to September 1 to the last day of February.
    (iv) We allow shotguns and archery only. Falconry is prohibited.
    (v) You may not possess more than 25 shot shells while in the 
field.
    (vi) We allow the use of dogs when hunting upland game.
    (3) Big game hunting. We allow hunting of mule deer on designated 
areas of the refuge.
    (4) [Reserved]
* * * * *
    (t) * * *
    (2) * * *
    (ii) The conditions set forth at paragraphs (t)(1)(ii) and (iii) of 
this section apply.
* * * * *
    (w) * * *
    (2) * * *
    (ii) The conditions set forth at paragraphs (w)(1)(i) through 
(viii) of this section apply.
* * * * *
0
4. Amend Sec.  32.29 by revising paragraph (a)(3) to read as follows:


Sec.  32.29   Georgia.

* * * * *
    (a) * * *
    (3) Big game hunting. We allow alligator hunting on designated 
areas of the refuge subject to the following condition: We only allow 
alligator hunting on dates outlined by the State of Georgia during the 
first two weekends (from legal sunset Friday through legal sunrise 
Monday) of the State alligator season.
* * * * *
0
5. Amend Sec.  32.33 by revising paragraph (c) to read as follows:


Sec.  32.33  Indiana.

* * * * *
    (c) Patoka River National Wildlife Refuge and Management Area--(1) 
Migratory game bird hunting. We allow hunting of duck, goose, 
merganser, coot, woodcock, dove, snipe, rail, and crow on designated 
areas of the refuge and the White River Wildlife Management Area 
subject to the following conditions:
    (i) You must remove all boats, decoys, blinds, and blind materials 
after each day's hunt (see Sec. Sec.  27.93 and 27.94 of this chapter).
    (ii) We prohibit hunting and the discharge of a weapon within 150 
yards (137 meters) of any dwelling or any building that may be occupied 
by people, pets, or livestock and within 50 yards (45 meters) of all 
designated public use facilities, including, but not limited to, 
parking areas and established hiking trails listed in the refuge 
hunting and fishing brochure.
    (iii) You may only use or possess approved non-lead shot shells, 
ammunition, and tackle while in the field.
    (2) Upland game hunting. We allow hunting of bobwhite quail, 
pheasant, cottontail rabbit, squirrel (gray and fox), red and gray fox, 
coyote, opossum, striped skunk, and raccoon subject to the following 
conditions:
    (i) We allow the use of dogs for hunting, provided the dog is under 
the immediate control of the hunter at all times.
    (ii) The conditions set forth at paragraphs (c)(1)(i) through (iii) 
of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
wild turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (iii) 
of this section apply.
    (ii) On the Columbia Mine Unit, you may only hunt white-tailed deer 
during the first week (7 days) of the following seasons, as governed by 
the State: archery, firearms, and muzzleloader.
    (iii) On the Columbia Mine Unit, you may leave portable tree stands 
overnight only when the unit is open to hunting and for a 2-day grace 
period before and after the special season.
    (iv) On the Columbia Mine Unit, if you use a rifle to hunt, you may 
use only rifles allowed by State regulations for hunting on public 
land.
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We allow fishing only with rod and reel, pole and line, bow 
and arrow, or crossbow.
    (iii) The minimum size limit for largemouth bass on Snakey Point 
Marsh and on the Columbia Mine Unit is 14 inches (35.6 centimeters).
    (iv) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.  27.21 of this chapter).
    (v) You must remove boats at the end of each day's fishing activity 
(see Sec.  27.93 of this chapter).
    (vi) The condition set forth at paragraph (c)(1)(iii) of this 
section applies.
* * * * *
0
6. Amend Sec.  32.38 by:
0
a. Redesignating paragraphs (b) through (g) as (c) through (h);
0
b. Adding new paragraph (b);
0
c. Revising newly redesignated paragraphs (c)(2)(i), (c)(3)(i), (f)(2), 
(f)(3)(i), (f)(3)(iii), and (f)(3)(vi);
0
d. Adding new paragraph (f)(3)(vii); and
0
e. Revising newly redesignated paragraphs (g)(2)(i) and (g)(3)(i).
    The additions and revisions read as follows:


Sec.  32.38  Maine.

* * * * *
    (b) Great Thicket National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, sea duck, dark goose, light goose, 
woodcock, and coot on designated areas of the refuge subject to the 
following conditions:
    (i) You must obtain and sign a refuge hunt information sheet and 
carry the information sheet at all times.
    (ii) We allow the use of dogs consistent with State regulations.
    (iii) We allow access for hunting from one hour before legal 
hunting hours until one hour after legal hunting hours.
    (iv) We allow take of migratory birds by falconry on the refuge 
during State seasons.
    (2) Upland game hunting. We allow hunting of grouse and the 
incidental take of fox and coyote while deer hunting on designated 
areas of the

[[Page 35146]]

refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through 
(b)(1)(iii) of this section apply.
    (ii) We prohibit night hunting of coyote.
    (iii) We allow take of grouse by falconry on the refuge during the 
State season.
    (3) Big game hunting. We allow hunting of wild turkey and white-
tailed deer, and the incidental take of fox and coyote while deer 
hunting, on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through 
(b)(1)(iii) of this section apply.
    (ii) All species harvested on the refuge must be retrieved.
    (4) [Reserved]
    (c) * * *
    (2) * * *
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii) (except 
for hunters pursuing raccoon and coyote at night), (iii), and (iv) of 
this section apply.
* * * * *
    (3) * * *
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii), and 
(iv) of this section apply.
* * * * *
    (f) * * *
    (2) Upland game hunting. We allow hunting of grouse, fox, and 
coyote on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) and (iii) of 
this section apply.
    (ii) We allow take of grouse by falconry on the refuge during State 
seasons.
    (3) * * *
    (i) The conditions as set forth at paragraphs (f)(1)(i) and (iv) of 
this section apply.
* * * * *
    (iii) We allow turkey hunting during the fall season as designated 
by the State. Turkey hunting in the spring is a mentor-led hunt only.
* * * * *
    (vi) We allow access for hunting from 1 hour before legal hunting 
hours until 1 hour after legal hunting hours.
    (vii) All species harvested on the refuge must be retrieved.
* * * * *
    (g) * * *
    (2) * * *
    (i) The conditions set forth at paragraphs (g)(1)(i) through (iv) 
(except for hunters pursing raccoon or coyote at night) of this section 
apply.
* * * * *
    (3) * * *
    (i) The conditions set forth at paragraphs (g)(1)(i), (ii), and 
(iv) of this section apply.
* * * * *
0
7. Amend Sec.  32.39 by:
0
a. Revising paragraph (a)(1)(i);
0
b. Adding paragraph (a)(2);
0
c. Revising paragraphs (a)(3)(i)(D), (a)(3)(iii), and (a)(3)(v)(A);
0
d. Adding paragraphs (a)(4)(iii) and (b)(2);
0
e. Revising paragraphs (b)(3)(i)(C) and (b)(3)(iii)(A);
0
f. Adding paragraphs (b)(4)(iii) and (c)(3)(iii); and
0
g. Revising paragraph (c)(4).
    The revisions and additions read as follows:


Sec.  32.39  Maryland.

* * * * *
    (a) * * *
    (1) * * *
    (i) You must obtain, and possess while hunting, a refuge waterfowl 
hunting permit (printed and signed copy of permit from Recreation.gov).
* * * * *
    (2) Upland game hunting. We allow incidental take of coyote during 
the prescribed State season while deer hunting on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(3)(i) through (v) 
apply.
    (ii) Coyote may only be taken with firearms and archery equipment 
allowed during the respective deer seasons.
    (iii) We prohibit the use of electronic predator calls.
    (iv) We require the use of non-lead ammunition.
    (3) * * *
    (i) * * *
    (D) We prohibit the use of rimfire or centerfire rifles and all 
handguns, except those that fire straight wall cartridges as defined by 
State law that are legal for deer hunting.
* * * * *
    (iii) We allow turkey hunt permit holders (printed and signed copy 
of permit from Recreation.gov) to have an assistant, who must remain 
within sight and normal voice contact and abide by the rules set forth 
in the refuge's turkey hunting brochure.
* * * * *
    (v) * * *
    (A) We require disabled hunters to have an America the Beautiful 
Access pass (OMB Control 1024-0252) in their possession while hunting 
in disabled areas.
* * * * *
    (4) * * *
    (iii) We prohibit the use of lead fishing tackle while fishing in 
refuge waters.
    (b) * * *
    (2) Upland game hunting. We allow incidental take of coyote during 
the prescribed State season while deer hunting on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(3)(i) through (iii) 
apply.
    (ii) Coyote may only be taken with firearms and archery equipment 
allowed during the respective deer seasons.
    (iii) We prohibit the use of electronic predator calls.
    (iv) We require the use of non-lead ammunition.
    (3) * * *
    (i) * * *
    (C) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
* * * * *
    (iii) * * *
    (A) We require disabled hunters to have an America the Beautiful 
Access pass (OMB Control 1024-0252) in their possession while hunting 
in disabled areas.
* * * * *
    (4) * * *
    (iii) We prohibit the use of lead fishing tackle while fishing from 
designated shoreline areas on refuge.
    (c) * * *
    (3) * * *
    (iii) We prohibit shooting a projectile from a firearm, 
muzzleloader, bow, or crossbow from, down, or across any road that is 
traveled by vehicular traffic.
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge subject to the following condition: We prohibit the use or 
possession of lead fishing tackle.
* * * * *
0
8. Amend Sec.  32.45 by:
0
a. Revising paragraphs (b)(2) and (v)(1); and
0
b. Adding new paragraph (v)(3)(v).
    The revisions and addition read as follows:


Sec.  32.45  Montana.

* * * * *
    (b) * * *
    (2) Upland game hunting. We allow the hunting of pheasant, sharp-
tailed grouse, gray partridge, coyote, skunk, red fox, raccoon, hare, 
rabbit, and tree

[[Page 35147]]

squirrel on designated areas of the district.
* * * * *
    (v) * * *
    (1) Migratory game bird hunting. We allow hunting of goose, duck, 
and coot on designated areas of the refuge subject to the following 
condition: We allow the use of dogs while hunting migratory birds.
* * * * *
    (3) * * *
    (v) We prohibit hunting bear with dogs.
* * * * *
0
9. Amend Sec.  32.51 by:
0
a. Redesignating paragraphs (c) through (j) as (d) through (k);
0
b. Adding new paragraph (c); and
0
c. Revising newly redesignated paragraphs (d)(2)(i), (d)(3)(ii), 
(e)(1)(ii)(B) through (D), (e)(2)(i), (e)(2)(iv), (e)(3)(i), 
(e)(3)(iii), (h)(3) introductory text, (h)(3)(ii), (j)(2)(i), and 
(j)(3)(i).
    The addition and revisions read as follows:


Sec.  32.51  New York.

* * * * *
    (c) Great Thicket National Wildlife Refuge--(1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of wild turkey, white-tailed 
deer, and black bear on designated areas of the refuge subject to the 
following conditions:
    (i) Hunters must obtain a refuge hunting permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System). We require hunters 
to possess a signed refuge hunting permit at all times while scouting 
and hunting on the refuge.
    (ii) We prohibit the use of dogs.
    (iii) Hunters may access the refuge 2 hours before legal sunrise 
and must leave no later than 2 hours after legal sunset.
    (iv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten deer into moving in the direction of any person(s) who is part 
of the organized or planned hunt and known to be waiting for the deer.
    (v) We only allow archery hunting.
    (4) [Reserved]
    (d) * * *
    (2) * * *
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
* * * * *
    (3) * * *
    (ii) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
* * * * *
    (e) * * *
    (1) * * *
    (ii) * * *
    (B) We allow hunting only on Tuesdays, Thursdays, and Saturdays 
during the established refuge season set within the State western zone 
season, and during New York State's established special hunts, which 
can occur any day of the week as set by the State. Veteran and active 
military hunters may be accompanied by a qualified non-hunting 
companion (qualified companions must be of legal hunting age and 
possess a valid hunting license, Federal Migratory Bird Hunting and 
Conservation Stamp (as known as ``Federal Duck Stamp''), and Harvest 
Information Program (HIP) number).
    (C) All hunters with reservations and their hunting companions must 
check-in at the Route 89 Hunter Check Station area at least 1 hour 
before legal shooting time or forfeit their reservation. Hunters may 
not enter the refuge/Hunter Check Station area earlier than 2 hours 
before legal sunrise.
    (D) We allow motorless boats to hunt waterfowl. We limit hunters to 
one boat per reservation and one motor vehicle in the hunt area per 
reservation.
* * * * *
    (2) * * *
    (i) The condition set forth at paragraph (e)(1)(i) of this section 
applies.
* * * * *
    (iv) We require the use of approved non-lead shot for upland game 
hunting (see Sec.  32.2(k)).
    (3) * * *
    (i) The condition set forth at paragraph (e)(1)(i) of this section 
applies.
* * * * *
    (iii) We allow white-tailed deer and turkey hunters to access the 
refuge from 2 hours before legal sunrise until 2 hours after legal 
sunset.
* * * * *
    (h) * * *
    (3) Big game hunting. We allow hunting of black bear, wild turkey, 
and white-tailed deer on designated areas of the refuge subject to the 
following conditions:
* * * * *
    (ii) You may hunt black bear, wild turkey, and deer using archery 
equipment only.
* * * * *
    (j) * * *
    (2) * * *
    (i) The conditions set forth at paragraphs (j)(1)(i) through (iii) 
of this section apply.
* * * * *
    (3) * * *
    (i) The conditions set forth at paragraphs (j)(1)(i) and (ii), and 
(j)(2)(ii) of this section apply.
* * * * *
0
10. Amend Sec.  32.56 by revising paragraph (b)(1)(v) to read as 
follows:


Sec.  32.56   Oregon.

* * * * *
    (b) * * *
    (1) * * *
    (v) We require youth waterfowl hunters to check in and out at the 
Hunter Check Station (refuge office), which is open from 1\1/2\ hours 
before legal hunting hours to 8 a.m. and from 11 a.m. to 1 p.m. We 
prohibit hunting after 12 p.m. (noon) for this hunt.
* * * * *
0
11. Amend Sec.  32.57 by revising paragraph (b) to read as follows:


Sec.  32.57  Pennsylvania.

* * * * *
    (b) Erie National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of mourning dove, woodcock, rail, Wilson's snipe, 
Canada goose, duck, coot, mute swan, and crow on designated areas of 
the refuge subject to the following conditions:
    (i) We allow hunting and scouting activities on the refuge from 
September 1 through the end of February. We also allow scouting the 7 
days prior to the start of each season.
    (ii) We allow use of nonmotorized boats only for waterfowl hunting 
in permitted areas.
    (iii) We prohibit field possession of migratory game birds in areas 
of the refuge closed to migratory game bird hunting.
    (iv) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of ruffed grouse, 
squirrel, rabbit, woodchuck, pheasant, quail, raccoon, fox, coyote, 
skunk, weasel, porcupine, and opossum on designated areas of the refuge 
subject to the following conditions:
    (i) We allow woodchuck hunting on the refuge from September 1 
through the end of February.
    (ii) We prohibit the use of raptors to take small game.
    (iii) The condition set forth at paragraph (b)(1)(iv) of this 
section applies.
    (iv) We prohibit night hunting. Hunters may access the refuge 2 
hours before sunrise and must leave no later than 2 hours after sunset.

[[Page 35148]]

    (3) Big game hunting. We allow hunting of deer, bear, turkey, and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We allow hunting of feral hogs on the refuge from September 1 
through the end of February.
    (ii) The condition set forth at paragraph (b)(1)(iv) of this 
section applies.
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge subject to the following conditions:
    (i) We allow nonmotorized watercraft use in Area 5. Watercraft must 
remain in the area from the dike to 3,000 feet (900 meters) upstream.
    (ii) We prohibit the taking of turtle or frog (see Sec.  27.21 of 
this chapter).
    (iii) We prohibit the collection or release of baitfish. Possession 
of live baitfish is prohibited on the Seneca Division.
    (iv) We prohibit the taking or possession of shellfish on the 
refuge.
    (v) We prohibit the use of lead fishing tackle on the refuge.
    (vi) We allow fishing from \1/2\ hour before sunrise until \1/2\ 
hour after legal sunset.
* * * * *
0
12. Amend Sec.  32.58 by:
0
a. Revising paragraph (d)(3)(iii); and
0
b. Adding paragraphs (e)(2) and (3).
    The revision and additions read as follows:


Sec.  32.58  Rhode Island.

* * * * *
    (d) * * *
    (3) * * *
    (iii) We only allow portable or temporary stands and blinds that 
must be removed from the refuge on the last day of the refuge-
authorized deer hunt (see Sec.  27.93 of this chapter). We prohibit 
permanent tree stands. Stands and blinds must be marked with the 
hunter's State hunting license number.
* * * * *
    (e) * * *
    (2) Upland game hunting. We allow hunting of coyote and fox on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (e)(3)(i) applies.
    (ii) We only allow the incidental take of coyote and fox during the 
refuge deer hunting season with weapons authorized for that hunt.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require every hunter to possess and carry a personally 
signed refuge hunt permit (FWS Form 3-2439, Hunt Application--National 
Wildlife Refuge System).
    (ii) We only allow portable or temporary stands and blinds that 
must be removed from the refuge on the last day of the permitted 
hunting session (see Sec.  27.93 of this chapter). We prohibit 
permanent tree stands. Stands and blinds must be marked with the 
hunter's State hunting license number.
    (iii) We only allow the use of archery equipment.
* * * * *
0
13. Amend Sec.  32.59 by:
0
a. Revising paragraph (c)(3)(iii);
0
b. Removing paragraph (c)(3)(x); and
0
c. Redesignating paragraphs (c)(3)(xi) through (xiv) as (c)(3)(x) 
through (xiii).
    The revision reads as follows:


Sec.  32.59  South Carolina.

* * * * *
    (c) * * *
    (3) * * *
    (iii) Except for the special quota permit hunts, we allow only 
archery or muzzleloader hunting for deer. We only allow muzzleloading 
rifles using a single projectile on the muzzleloader hunts. We prohibit 
buckshot. During special quota permit hunts, we allow use of centerfire 
rifles or shotguns. We only allow shotguns for turkey hunts.
* * * * *
0
14. Amend Sec.  32.63 by revising paragraphs (b)(2) introductory text 
and (b)(2)(i) to read as follows:


Sec.  32.63  Utah.

* * * * *
    (b) * * *
    (2)Upland game hunting.We allow hunting of chukar, desertcottontail 
rabbit, and mountaincottontail rabbit on designated areas of the refuge 
subject to the following conditions:
    (i) We close to hunting on the last day of the State waterfowl 
season.
* * * * *
0
15. Amend Sec.  32.64 by adding paragraph (a)(1)(viii)(C) to read as 
follows:


Sec.  32.64  Vermont.

* * * * *
    (a) * * *
    (1) * * *
    (viii) * * *
    (C) We limit hunting to Saturdays, Sundays, and Wednesdays 
throughout the waterfowl hunting season for duck.
* * * * *
0
16. Amend Sec.  32.65 by:
0
a. Revising paragraphs (a)(4)(ii), (a)(4)(iii), (b), (c), and 
(f)(1)(ii);
0
b. Adding new paragraphs (f)(1)(vi) and (h)(1);
0
c. Revising paragraphs (h)(3)(ii), (h)(3)(iv), (j)(2), and (j)(3)(v);
0
d. Adding paragraph (m)(1);
0
e. Revising paragraph (m)(3);
0
f. Adding paragraphs (n)(1) and (2); and
0
g. Revising paragraph (n)(3).
    The revisions and addition read as follows:


Sec.  32.65  Virginia.

* * * * *
    (a) * * *
    (4) * * *
    (ii) You may surf fish, crab, and clam south of the refuge's beach 
access ramp. We allow night surf fishing by permit (FWS Form 3-2358) in 
this area on dates and at times designated on the permit.
    (iii) For sport fishing in D Pool:
    (A) We only allow fishing from the docks or banks in D Pool. We 
prohibit boats, canoes, and kayaks on D Pool.
    (B) You must catch and release all freshwater game fish. The daily 
creel limit for D Pool for other species is a maximum combination of 
any 10 nongame fish.
    (C) Parking for non-ambulatory anglers is available adjacent to the 
dock at D Pool. All other anglers must enter the area by foot or 
bicycle.
    (b) Chincoteague National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl, coot, snipe, gallinule, dove, 
woodcock, crow, and rail on designated areas of the refuge subject to 
the following conditions:
    (i) Hunters must obtain and possess a signed refuge hunt brochure 
while hunting on the refuge.
    (ii) Hunters may only access hunting areas by boat. We allow 
hunters to access the refuge from 2 hours before legal sunrise until 2 
hours after legal sunset.
    (iii) We allow hunting during State seasons from September 16 to 
March 14.
    (iv) We allow the use of dogs while hunting consistent with State 
regulations.
    (v) We prohibit the use of permanent blinds and pit blinds. You 
must remove portable blinds and decoys at the end of each day's hunt.
    (vi) We prohibit the possession or use of lead shot while hunting 
any migratory game species.
    (2) Upland game hunting. We allow hunting of raccoon, opossum, fox, 
and coyote on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (b)(1)(i) of this section 
applies. All occupants of a vehicle or hunt party must possess a signed 
refuge hunt brochure and be actively engaged in hunting unless aiding a 
disabled person who possesses a valid State disabled hunting license.

[[Page 35149]]

    (ii) Hunters must sign in at the hunter check station prior to 
hunting and sign out prior to exiting the refuge.
    (iii) We prohibit the hunting of upland game at night. Hunters may 
access the refuge from 2 hours before legal sunrise until 2 hours after 
legal sunset.
    (iv) We prohibit the use of dogs while hunting upland game.
    (v) We prohibit firearms in designated archery-only areas.
    (vi) You may not hunt, discharge a firearm, or nock an arrow or 
crossbow bolt within 100 feet (30.5 meters) of any building, road, or 
trail.
    (vii) We prohibit the possession or use of lead ammunition while 
hunting upland game species.
    (3) Big game hunting. We allow hunting of white-tailed deer, sika, 
and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (b)(2)(i), (ii), (v), 
and (vi) of this section apply.
    (ii) Hunters may access the refuge from 2 hours before legal 
sunrise until 2 hours after legal sunset.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We prohibit the use of pursuit dogs while hunting white-tailed 
deer and sika.
    (v) We allow the use of portable tree stands, but you must remove 
them at the end of each day's hunt.
    (vi) We allow limited hunting of wild turkey during designated 
State spring and fall seasons only when in the possession of a valid 
refuge turkey quota hunt permit.
    (vii) We prohibit the use or possession of lead ammunition while 
hunting wild turkey.
    (4) Sport fishing. We allow sport fishing, crabbing, and clamming 
from the shoreline of the refuge in designated areas subject to the 
following conditions:
    (i) You must attend minnow traps, crab traps, crab pots, and 
handlines at all times.
    (ii) We prohibit the use of seine nets and pneumatic (compressed 
air or otherwise) bait launchers.
    (iii) The State regulates certain species of finfish, shellfish, 
and crustacean (crab) using size or possession limits. You may not 
alter these species, to include cleaning or filleting, in such a way 
that we cannot determine its species or total length.
    (iv) In order to fish after the refuge closes for the day, anglers 
must obtain an overnight fishing pass (name/address/phone) issued by 
the National Park Service. Anglers can obtain a pass in person at the 
National Park Service Tom's Cove Visitor Center.
    (v) We allow the possession or use of only three surf fishing poles 
per licensed angler, and those poles must be attended at all times. 
This includes persons age 65 or older who are license-exempt in 
Virginia.
    (c) Eastern Shore of Virginia National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of waterfowl, rail, 
snipe, gallinule, coot, woodcock, dove, and crow on designated areas of 
the refuge subject to the following conditions:
    (i) We allow holders of a signed refuge hunt brochure (signed 
brochure) to access areas of the refuge typically closed to the non-
hunting public. All occupants of a vehicle or hunt party must possess a 
signed brochure and be actively engaged in hunting. We allow an 
exception for those persons aiding a disabled person who possesses a 
valid State-issued Commonwealth of Virginia Disabled Resident Lifetime 
License or Commonwealth of Virginia Resident Disabled Veteran's 
Lifetime License.
    (ii) Hunters may enter the refuge no earlier than 2 hours prior to 
legal sunrise and must exit the refuge no later than 2 hours after 
legal sunset.
    (iii) We allow the use of dogs consistent with State and 
Northampton County regulations on designated areas of the refuge.
    (iv) We allow hunting on the refuge only from September 1 until 
February 28. Hunting will follow State seasons during that period.
    (v) You may not hunt, discharge a firearm, or nock an arrow or 
crossbow bolt outside of designated hunt areas or within 100 feet (30.5 
meters) of a building, road or improved trail.
    (vi) We prohibit the possession or use of lead ammunition while 
hunting.
    (vii) We prohibit the use of permanent blinds and pit blinds. You 
must remove portable blinds and decoys at the end of each day's hunt.
    (2) Upland game hunting. We allow hunting of rabbit, squirrel, 
quail, raccoon, opossum, fox, and coyote on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (vi) 
of this section apply.
    (ii) We prohibit the hunting of upland game at night.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
wild turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii), and 
(iv) through (vi) of this section apply.
    (ii) We allow turkey hunting during the spring season only for a 
mentor-led hunt.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We allow the use of portable tree stands. We require removal 
of the stands after each day's hunt (see Sec.  27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge subject to the following conditions:
    (i) Anglers may access the refuge to fish from designated shore 
areas \1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
    (ii) Anglers may access State waters via the Wise Point Boat Ramp 
on the refuge from 5 a.m. to 10 p.m.
* * * * *
    (f) * * *
    (1) * * *
    (ii) We allow holders of a signed refuge hunt brochure (signed 
brochure) to access areas of the refuge typically closed to the non-
hunting public. All occupants of a vehicle, boat, or hunt party must 
possess a signed brochure and be actively engaged in hunting. We allow 
an exception for those persons aiding a disabled person who possesses a 
valid State-issued Commonwealth of Virginia Disabled Resident Lifetime 
License or Commonwealth of Virginia Resident Disabled Veteran's 
Lifetime License.
* * * * *
    (vi) We prohibit the possession or use of lead ammunition while 
hunting.
* * * * *
    (h) * * *
    (1) Migratory game bird hunting. We allow hunting of waterfowl on 
designated areas of the refuge subject to the following conditions:
    (i) We allow waterfowl hunting only during the mentor-led hunts.
    (ii) We allow the use of retrieval dogs consistent with State 
regulations.
* * * * *
    (3) * * *
    (ii) We require spring turkey hunters to obtain a refuge hunting 
permit (FWS Form 3-2439) through a lottery administered by a designated 
third-party vendor.
* * * * *

[[Page 35150]]

    (iv) We prohibit the possession or use of lead ammunition when 
hunting spring wild turkey.
* * * * *
    (j) * * *
    (2) Upland game hunting. We allow hunting of coyote and fox on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow the incidental take of coyote and fox during the 
refuge deer hunting season.
    (ii) We require the use of non-lead ammunition when hunting coyote 
and fox.
    (3) * * *
    (v) We require the use of non-lead ammunition when hunting wild 
turkey.
* * * * *
    (m) * * *
    (1) Migratory game bird hunting. We allow hunting of waterfowl on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters may only hunt waterfowl during designated days and 
times. The refuge provides dates for the waterfowl hunting season in 
the annual refuge hunt brochure.
    (ii) In designated areas, we require hunters to possess and carry a 
refuge hunting permit (FWS Form 3-2439) obtained from a designated 
third-party vendor.
    (iii) We allow the use of retrieval dogs consistent with State 
regulations.
* * * * *
    (3) Big game hunting. We allow hunting of white-tailed deer and 
wild turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (m)(1)(ii) and (m)(2)(i) 
of this section apply.
    (ii) We prohibit the possession or use of lead ammunition when 
hunting spring wild turkey.
    (iii) Hunters may enter the refuge no earlier than 1 hour prior to 
the start of legal shooting time and must exit the refuge no later than 
1 hour after the end of legal shooting time.
    (iv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
* * * * *
    (n) * * *
    (1) Migratory game bird hunting. We allow hunting of waterfowl, 
rail, coot, snipe, gallinule, dove, woodcock, and crow on designated 
areas of the refuge subject to the following conditions:
    (i) You must obtain and possess a signed refuge hunt brochure while 
hunting on the refuge.
    (ii) You may access the refuge from 2 hours before legal sunrise 
until 2 hours after legal sunset.
    (iii) We allow hunting during State seasons from September 16 to 
March 14.
    (iv) We allow the use of dogs while hunting consistent with State 
regulations.
    (v) We prohibit the use of permanent blinds and pit blinds. You 
must remove portable blinds and decoys at the end of each day's hunt 
(see Sec.  27.93 of this chapter).
    (vi) We prohibit the possession or use of lead shot while hunting 
any migratory game species.
    (2) Upland game hunting. We allow hunting of raccoon, opossum, fox, 
coyote, rabbit, and squirrel on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth in paragraphs (n)(1)(i) and (iii) of 
this section apply.
    (ii) We prohibit the hunting of upland game at night. You may 
access the refuge from 2 hours before legal sunrise until 2 hours after 
legal sunset.
    (iii) We prohibit the use of pursuit dogs while hunting upland 
game.
    (iv) You may not hunt, discharge a firearm, or nock an arrow or 
crossbow bolt within 100 feet (30.5 meters) of any building, road, or 
trail.
    (v) We prohibit the use or possession of lead ammunition while 
hunting upland game species.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
wild turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (n)(1)(i) and (n)(2)(iv) 
of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iii) We prohibit the use of pursuit dogs while hunting white-
tailed deer and wild turkey.
    (iv) We allow the use of portable tree stands, but you must remove 
them at the end of each day's hunt (see Sec.  27.93 of this chapter).
    (v) We allow limited hunting of turkey during designated State 
spring and fall seasons only when in the possession of a valid refuge 
turkey quota hunt permit.
    (vi) We prohibit the use or possession of lead ammunition for 
hunting wild turkey.
* * * * *
0
17. Amend Sec.  32.66 by revising paragraph (l)(3) to read as follows:


Sec.  32.66  Washington.

* * * * *
    (l) * * *
    (3) Big game hunting. We allow hunting of elk and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) Elk hunters must obtain a letter from the refuge manager 
assigning them a hunt unit.
    (ii) Elk hunters may access the refuge no earlier than 2 hours 
before State legal shooting time and must leave no later than 5 hours 
after the end of State legal hunting hours.
    (iii) Elk hunters not using approved nontoxic ammunition (see Sec.  
32.2(k)) must remove or bury the visceral remains of harvested animals.
    (iv) We allow turkey hunting during the fall season only.
    (v) We prohibit the possession or use of toxic shot by hunters 
using shotguns (see Sec.  32.2(k)) when hunting turkey.
    (vi) For turkey hunting, the condition set forth at paragraph 
(l)(1)(iv) of this section applies.
* * * * *
0
18. Amend Sec.  32.67 by revising paragraphs (a)(1)(v), (a)(2), and 
(a)(3) to read as follows:


Sec.  32.67  West Virginia.

* * * * *
    (a) * * *
    (1) * * *
    (v) We allow dog training and scouting 7 days prior to legal 
hunting seasons.
    (2) Upland game hunting. We allow the hunting of ruffed grouse, 
squirrel, cottontail rabbit, snowshoe hare, red fox, gray fox, bobcat, 
woodchuck, coyote, opossum, skunk, and raccoon on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (v) of 
this section apply.
    (ii) You may hunt coyote, raccoon, and fox at night, but you must 
obtain a Special Use Permit (FWS Form 3-1383-G) at the refuge 
headquarters before hunting.
    (iii) We allow hunting in Unit 2 with the following equipment: 
Rifle, archery (including crossbow), shotgun, or muzzleloader. If a 
rifle is used in Unit 2, it must be from an elevated stand. We prohibit 
stalking game with a rifle.
    (iv) We prohibit the hunting of upland game species from March 1 
through August 31.

[[Page 35151]]

    (v) We allow the use of dogs for hunting of raccoon, cottontail 
rabbit, and snowshoe hare consistent with State regulations.
    (3) Big game hunting. We allow the hunting of white-tailed deer, 
black bear, bobcat, and turkey on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i), (ii), and (v) 
and (a)(2)(iii) of this section apply.
    (ii) We allow the use of dogs for hunting black bear during the 
firearm season.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) Hunters are required to harvest an antlerless deer prior to 
harvesting a buck.
    (v) You must label portable tree stands with your last name and 
State license number. You may erect your stand(s) on the first day of 
the hunting season. You must remove your stand(s) by the last day of 
the hunting season (see Sec.  27.93 of this chapter).
* * * * *
0
19. Amend Sec.  32.68 by:
0
a. Revising paragraphs (a)(3), (b)(3)(i) through (iii), (b)(4), 
(d)(2)(ii), (d)(2)(viii), (d)(3)(i), and (d)(3)(iv);
0
b. Adding paragraph (d)(4)(iii);
0
c. Revising paragraphs (e)(1), (e)(3), and (e)(4);
0
d. Adding paragraphs (g)(1)(iii) through (v);
0
e. Revising paragraphs (g)(2)(i), (g)(3), (g)(4), (j)(1), and (j)(3); 
and
0
f. Adding paragraph (j)(4)(iii).
    The revisions and additions read as follows:


Sec.  32.68  Wisconsin.

* * * * *
    (a) * * *
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) You must remove all boats, decoys, game cameras, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec.  27.93 of this 
chapter). We prohibit hunting from any stand left up overnight.
    (ii) Hunters may enter the refuge no earlier than 2 hours before 
legal shooting hours and must exit the refuge no later than 2 hours 
after legal shooting hours end.
    (iii) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid, blaze-
orange or fluorescent pink material visible from all directions.
* * * * *
    (b) * * *
    (3) * * *
    (i) You must remove all boats, decoys, game cameras, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec.  27.93 of this 
chapter). We prohibit hunting from any stand left up overnight.
    (ii) Hunters may enter the refuge no earlier than 2 hours before 
legal shooting hours and must exit the refuge no later than 2 hours 
after legal shooting hours end.
    (iii) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid, blaze-
orange or fluorescent pink material visible from all directions.
* * * * *
    (4) Sport fishing. We allow sport fishing on designated areas of 
the refuge subject to the following conditions:
    (i) We only allow fishing from the shoreline; we prohibit fishing 
from docks, piers, and other structures.
    (ii) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, or turtle species by any method on the refuge (see Sec.  27.21 
of this chapter).
* * * * *
    (d) * * *
    (2) * * *
    (ii) We prohibit night hunting of upland game from 30 minutes after 
legal sunset until 30 minutes before legal sunrise the following day.
* * * * *
    (viii) Hunters may enter the refuge no earlier than 2 hours before 
legal shooting hours and must exit the refuge no later than 2 hours 
after legal shooting hours.
* * * * *
    (3) * * *
    (i) You must remove all boats, decoys, game cameras, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec.  27.93 of this 
chapter). We prohibit hunting from any stand left up overnight.
* * * * *
    (iv) The condition set forth at paragraph (d)(2)(viii) applies.
* * * * *
    (4) * * *
    (iii) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, or turtle species by any method on the refuge (see Sec.  27.21 
of this chapter).
* * * * *
    (e) * * *
    (1) Migratory game bird hunting. We allow hunting of migratory game 
birds throughout the district, except that we prohibit hunting on the 
Blue Wing Waterfowl Production Area (WPA) in Ozaukee County and on the 
Wilcox WPA in Waushara County, subject to the following conditions:
    (i) We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times.
    (ii) You must remove all boats, decoys, game cameras, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec.  27.93 of this 
chapter). We prohibit hunting from any stand left up overnight.
* * * * *
    (3) Big game hunting. We allow hunting of big game throughout the 
district, except that we prohibit hunting on the Blue Wing WPA in 
Ozaukee County and on the Wilcox WPA in Waushara County, subject to the 
following conditions:
    (i) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid, blaze-
orange or fluorescent pink material visible from all directions.
    (ii) The condition set forth at paragraph (e)(1)(ii) of this 
section applies.
    (4) Sport fishing. We allow sport fishing on WPAs throughout the 
district subject to the following conditions.
    (i) We prohibit the use of motorized boats while fishing.
    (ii) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, or turtle species by any method on the refuge (see Sec.  27.21 
of this chapter).
* * * * *
    (g) * * *
    (1) * * *
    (iii) We prohibit the use of motorized boats while hunting and 
fishing.
    (iv) During the State-approved hunting season, we allow the use of 
hunting dogs, provided the dog is under the immediate control of the 
hunter at all times.
    (v) You must remove all boats, decoys, game cameras, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec.  27.93 of this 
chapter). We prohibit hunting from any stand left up overnight.
    (2) * * *

[[Page 35152]]

    (i) The conditions set forth at paragraphs (g)(1)(i) through (iv) 
of this section apply.
* * * * *
    (3) Big game hunting. We allow hunting of big game on designated 
areas throughout the district subject to the following conditions:
    (i) We prohibit hunting on designated portions of the St. Croix 
Prairie WPA and the Prairie Flats-South WPA in St. Croix County.
    (ii) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid-blaze-
orange or fluorescent pink material visible from all directions.
    (iii) The conditions set forth at paragraphs (g)(1)(iii) through 
(v) of this section apply.
    (4) Sport fishing. We allow sport fishing on WPAs throughout the 
district subject to the following conditions.
    (i) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, or turtle species by any method on the refuge (see Sec.  27.21 
of this chapter).
    (ii) The condition set forth at paragraph (g)(1)(iii) of this 
section applies.
* * * * *
    (j) * * *
    (1) Migratory game bird hunting. We allow hunting of waterfowl on 
designated areas of the refuge subject to the following conditions:
    (i) You must remove all boats, decoys, game cameras, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec.  27.93 of this 
chapter). We prohibit hunting from any stand left up overnight.
    (ii) Hunters may enter the refuge no earlier than 2 hours before 
legal shooting hours and must exit the refuge no later than 2 hours 
after legal shooting hours end.
    (iii) We prohibit the use of motorized boats while hunting and 
fishing.
* * * * *
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We allow archery deer hunting to take place on refuge lands 
owned by the Service that constitute tracts greater than 20 acres (8 
hectares).
    (ii) The conditions set forth at paragraphs (j)(1)(i) and (ii) of 
this section apply.
    (4) * * *
    (iii) The condition set forth at paragraph (j)(1)(iii) applies.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-12463 Filed 6-8-22; 8:45 am]
BILLING CODE 4333-15-P


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