54146 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

RIN 1018–AU14 

2005–2006 Refuge-Specific Hunting 

and Sport Fishing Regulations 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Fish and Wildlife Service 

adds six refuges to the list of areas open 

for hunting and/or sport fishing 

programs and increases the activities 

available at seven other refuges. We also 

implement pertinent refuge-specific 

regulations for those activities and 

amend certain regulations on other 

refuges that pertain to migratory game 

bird hunting, upland game hunting, big 

game hunting, and sport fishing for the 

2005–2006 season. 

DATES: This rule is effective on 

September 13, 2005. 

FOR FURTHER INFORMATION CONTACT: 

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

(703) 358–2248. 

SUPPLEMENTARY INFORMATION: The 

National Wildlife Refuge System 

Administration Act of 1966 closes 

national wildlife refuges in all States 

except Alaska to all uses until opened. 

The Secretary of the Interior (Secretary) 

may open refuge areas to any use, 

including hunting and/or sport fishing, 

upon a determination that such uses are 

compatible with the purposes of the 

refuge and National Wildlife Refuge 

System (Refuge System) mission. The 

action also must be in accordance with 

provisions of all laws applicable to the 

areas, developed in coordination with 

the appropriate State fish and wildlife 

agency(ies), consistent with the 

principles of sound fish and wildlife 

management and administration, and 

otherwise in the public interest. These 

requirements ensure that we maintain 

the biological integrity, diversity, and 

environmental health of the Refuge 

System for the benefit of present and 

future generations of Americans. 

We annually review refuge hunting 

and sport fishing programs to determine 

whether to include additional refuges or 

whether individual refuge regulations 

governing existing programs need 

modifications, deletions, or additions. 

Changing environmental conditions, 

State and Federal regulations, and other 

factors affecting fish and wildlife 

populations and habitat may warrant 

modifications to refuge-specific 

regulations to ensure the continued 

compatibility of hunting and sport 

fishing programs and to ensure that 

these programs will not materially 

interfere with or detract from the 

fulfillment of refuge purposes or the 

Refuge System’s mission. 

Provisions governing hunting and 

sport fishing on refuges are in Title 50 

of the Code of Federal Regulations in 

part 32 (50 CFR part 32). We regulate 

hunting and sport fishing on refuges to: 

• Ensure compatibility with refuge 

purpose(s); 

• Properly manage the fish and 

wildlife resource(s); 

• Protect other refuge values; 

• Ensure refuge visitor safety; and 

• Provide opportunities for quality 

wildlife-dependent recreation. 

On many refuges where we decide to 

allow hunting and sport fishing, our 

general policy of adopting regulations 

identical to State hunting and sport 

fishing regulations is adequate in 

meeting these objectives. On other 

refuges, we must supplement State 

regulations with more-restrictive 

Federal regulations to ensure that we 

meet our management responsibilities, 

as outlined in the ‘‘Statutory Authority’’ 

section. We issue refuge-specific 

hunting and sport fishing regulations 

when we open wildlife refuges to 

migratory game bird hunting, upland 

game hunting, big game hunting, or 

sport fishing. These regulations list the 

wildlife species that you may hunt or 

fish, seasons, bag or creel limits, 

methods of hunting or sport fishing, 

descriptions of areas open to hunting or 

sport fishing, and other provisions as 

appropriate. You may find previously 

issued refuge-specific regulations for 

hunting and sport fishing in 50 CFR part 

32. With this rulemaking, we are also 

standardizing and clarifing the existing 

language of these regulations. 

Plain Language Mandate 

In this rule, we made some of the 

revisions to the individual refuge units 

to comply with a Presidential mandate 

to use plain language in regulations; as 

such, these particular revisions do not 

modify the substance of the previous 

regulations. These types of changes 

include using ‘‘you’’ to refer to the 

reader and ‘‘we’’ to refer to the Service, 

using the word ‘‘allow’’ instead of 

‘‘permit’’ when we do not require the 

use of a permit for an activity, and using 

active voice. 

Statutory Authority 

The National Wildlife Refuge System 

Administration Act (Administration 

Act) of 1966 (16 U.S.C. 668dd–668ee, as 

amended) and the Refuge Recreation 

Act (Recreation Act) of 1962 (16 U.S.C. 

460k–460k–4) govern the administration 

and public use of refuges. 

Amendments enacted by the National 

Wildlife Refuge System Improvement 

Act of 1997 (Improvement Act) build 

upon the Administration Act in a 

manner that provides an ‘‘organic act’’ 

for the Refuge System similar to those 

that exist for other public Federal lands. 

The Improvement Act serves to ensure 

that we effectively manage the Refuge 

System as a national network of lands, 

waters, and interests for the protection 

and conservation of our Nation’s 

wildlife resources. The Administration 

Act states first and foremost that we 

focus 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. 

The Improvement Act established as the 

policy of the United States that wildlifedependent 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 Act established six wildlifedependent recreational uses, when 

compatible, as the priority general 

public uses of the Refuge System. These 

uses are: hunting, fishing, wildlife 

observation and photography, and 

environmental education and 

interpretation. 

The Recreation Act authorizes the 

Secretary to administer areas within the 

Refuge System for public recreation as 

an appropriate incidental or secondary 

use only to the extent that doing so is 

practicable and not inconsistent with 

the primary purpose(s) for which 

Congress and the Service established the 

areas. The Recreation Act requires that 

any recreational use of refuge lands be 

compatible with the primary purpose(s) 

for which we established the refuge and 

not inconsistent with other previously 

authorized operations. 

The Administration Act and 

Recreation Act also authorize the 

Secretary to issue regulations to carry 

out the purposes of the Acts and 

regulate uses. 

We develop specific management 

plans for each refuge prior to opening it 

to hunting or sport fishing. In many 

cases, we develop refuge-specific 

regulations to ensure the compatibility 

of the programs with the purpose(s) for 

which we established the refuge and the 

Refuge System mission. We ensure 

initial compliance with the 

Administration Act and the Recreation 

Act for hunting and sport fishing on 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54147 

newly acquired refuges through an 

interim determination of compatibility 

made at or near the time of acquisition. 

These regulations ensure that we make 

the determinations required by these 

acts prior to adding refuges to the lists 

of areas open to hunting and sport 

fishing in 50 CFR part 32. We ensure 

continued compliance by the 

development of comprehensive 

conservation plans, specific plans, and 

by annual review of hunting and sport 

fishing programs and regulations. 

Response to Comments Received 

In the July 12, 2005, Federal Register 

(70 FR 40108), we published a proposed 

rulemaking identifying refuges and their 

proposed hunting and/or fishing 

programs and invited public comments. 

We reviewed and considered all 

comments received by August 5, 2005, 

the end of a 30-day comment period that 

opened on the date of public filing (July 

6, 2005). We received 859 comments on 

the proposed rule. The comments/ 

responses are grouped by major issue 

area. 

Comment 1: Many commenters 

expressed opposition to opening refuges 

to hunting and fishing and believe 

refuges should offer protection and safe 

haven for wildlife. They feel this rule 

violates the Service’s own policy that 

‘‘wildlife comes first in the National 

Wildlife Refuge System.’’ Also, 

commenters were concerned about 

endangered species being accidentally 

killed. 

Response 1: The Administration Act 

authorizes the Secretary to allow use of 

any refuge area for any purpose as long 

as those uses are compatible; and the 

Act specifically references hunting and 

fishing. Amendments to the 

Administration Act made by the 

National Wildlife Refuge System 

Improvement Act of 1997 (Improvement 

Act) establish wildlife-dependent 

recreational uses as priority uses, when 

compatible. It specifically includes 

hunting and fishing as wildlifedependent recreational uses. 

Additionally, we comply with ESA 

Section 7 before opening or expanding 

hunting on refuges in order to insure the 

programs will not jeopardize listed 

species. 

Comment 2: A commenter questioned 

the use of the 2001 figures from the 

‘‘national source of hunting and fishing 

and wildlife’’ as being very old and 

inaccurate. 

Response 2: Due to the unavailability 

of site-specific expenditure data, we use 

the national estimates from the 2001 

National Survey of Fishing, Hunting, 

and Wildlife Associated Recreation to 

identify expenditures for food and 

lodging, transportation, and other 

incidental expenses. These are the best 

available data that are consistent 

nationwide. 

The number of hunting and fishing 

days are collected by each individual 

refuge annually. The hunting and 

fishing numbers presented represent the 

year 2004. 

Comment 3: A commenter questioned 

the use of lead shot by hunters. 

Response 3: 50 CFR 32.2(k) 

specifically prohibits the possession of 

toxic shotgun pellets by hunters on 

waterfowl production areas and certain 

other areas (refuges or areas within 

refuges) of the System. This regulation 

does not apply to turkey and deer 

hunters using buckshot or slugs, except 

as specifically authorized by refugespecific regulations or State laws. The 

only shot types allowed on the Refuge 

System are specifically identified in 50 

CFR 20.21(j). 

Comment 4: Several commenters 

questioned the practice of allowing ATV 

use on refuges. They felt that refuges 

should prohibit ATV use unless they 

were found to be compatible and that 

our regulations did not address these 

issues of compatibility and other 

procedural issues relating to this 

subject. 

Response 4: We allow limited ATV 

use on some refuges. For example, in 

the State of Arkansas on Felsenthal, 

Overflow, and Pond Creek Refuges and 

in the State of Louisiana on Catahoula 

National Wildlife Refuge, we allow 

ATVs for wildlife-dependent activities 

only but restrict their use to designated 

times, dates, and specific trails. The 

refuges further limit the size of the 

engines, tires, etc. so as to minimize 

their impact. The refuges provide ATV 

use specifics to the public in their 

brochures. On Black Bayou Lake, 

D’Arbonne, and Upper Ouachita 

National Wildlife Refuges in the State of 

Louisiana, we prohibit hunting from or 

across ATV trails. And similar to the 

refuges mentioned at the beginning of 

this response, these refuges limit ATV 

use to designated times, dates, and 

specific trails, in addition to limiting 

their engine and tire size. 

On Laguna Atascosa National Wildlife 

Refuge in the State of Texas, we allow 

ATV use for hunters with mobility 

impairments and other disabilities 

through the issuance of a Special Use 

Permit. 

On Squaw Creek National Wildlife 

Refuge in the State of Missouri, the 

refuge manager has decided to prohibit 

all ATV use on the refuge, and we have 

revised condition A9 accordingly. 

As required by the Administration 

Act, we determined these uses are 

compatible. In addition, we have 

complied with NEPA with regard to the 

hunting programs and associated ATV 

use. However, because these comments 

have raised the issue, we are 

commencing a System-wide review of 

our ATV approvals to ensure that we are 

meeting the requirements of E.O. 11644 

and 11989. 

Comment 5: A commenter felt we 

should not allow hunting of greater 

prairie chicken and/or rail at Glacial 

Ridge National Wildlife Refuge in the 

State of Minnesota as most hunters 

cannot differentiate between a ‘‘flushed 

grouse and a greater prairie chicken or 

a snipe and yellow rail prior to 

discharging their weapon.’’

Response 5: The proposal to allow 

hunting of the greater prairie chicken on 

the Glacial Ridge National Wildlife 

Refuge (Refuge) will be cooperatively 

managed with the State of Minnesota 

(State). While it is possible for hunters 

to misidentify birds and take protected 

species, it is anticipated that through 

the Minnesota Firearm Safety Program, 

which is mandatory and covers wildlife 

identification, as well as providing the 

public other educational materials, this 

would be rare. In addition, sharp-tailed 

grouse, and the sora and Virginia rails, 

are species for which the State allows 

hunting. Ruffed grouse will not be 

affected, as it occupies different habitat. 

Currently, the Service owns only 

2,300 acres of the proposed 35,000 acre 

refuge. While it will be many years 

before we reach this goal, we are also 

developing plans for providing 

opportunities for the nonhunting public. 

While the main purpose of the Refuge 

is the restoration and management of 

tallgrass prairie habitat, we anticipate 

that the refuge will accommodate both 

consumptive and nonconsumptive 

compatible public use. 

Comment 6: A commenter was 

concerned about negligence in the 

hunting community and wondered 

about the lack of funding spent for law 

enforcement. Other commenters 

expressed concern about safety in 

general on refuges. 

Response 6: While there is inherent 

risk in any type of activity on a refuge, 

we promote hunter safety as much as 

possible. We require a State hunting 

license of hunters on national wildlife 

refuges. Most State regulations require 

hunter safety courses and certification 

prior to issuance of hunting licenses, 

and safety on refuges has increased as 

a result. We routinely review their 

needs, and changes in the 2006 budget 

will make it much easier to track law 

enforcement expenditures and plan 

accordingly. 

54148 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

Comment 7: A commenter felt that 

without sufficiently detailed, annotated 

maps accompanying each refuge in the 

regulations, a brief physical description 

of the areas open to hunting is unclear, 

and we are in violation of Executive 

Order 12866. 

Response 7: We disagree and believe 

we are in full compliance with the 

Executive Order. Balancing a number of 

factors, including efficient ease of 

understanding and feasibility, we ask 

refuges to describe the boundary of the 

hunting areas for inclusion in 

regulations when they can do so simply. 

For many reasons, we do not publish 

maps for each refuge where public 

activities take place. For example, 

refuge boundaries are subject to change 

depending on land acquisition, and the 

refuge maps would be of such a small 

size to fit into the Federal Register, and 

subsequently codified in the CFR as to 

be useless for detailed boundaries of 

areas in question. However, detailed 

information is available at each refuge. 

We advise the public to consult with the 

refuge staff for further details and 

information, pick up a brochure (which 

in most cases include maps) available at 

each refuge, and/or view large-scale 

refuge maps posted at each refuge. 

Comment 8: Concerning Moosehorn 

National Wildlife Refuge in Maine, two 

commenters questioned allowing deer 

hunting, alleging it made the refuge 

unavailable for safe access for other 

users (including visits by school groups 

in October). Further, a commenter said 

that because of many years of deer 

hunting only, other species are less 

wary and more likely to be seen and 

easily killed. A commenter also felt that 

for years part of Washington County had 

been unsuccessfully trying to recover 

from overhunting, illegal hunting, and 

clear cutting. A commenter also felt 

woodcock numbers hadn’t been growing 

and questioned allowing hunting for 

that species. A commenter also asked 

about adding coot and rail to the list of 

hunted species. A commenter also 

believes that since there are more 

wildlife watchers than hunters in 

Maine, this should be the focus of 

departmental policy. 

Response 8: Moosehorn National 

Wildlife Refuge has modified the regular 

Maine hunting season and provided 

2,077 acres of ‘‘No Hunt Zones’’ to 

provide for hiking, photography, 

wildlife viewing, and other activities 

during the hunting season. Deer hunting 

will take place in areas of the Edmunds 

Division and in the section of Baring 

Division to the west of Route 191. We 

do not have a school nature trail in 

these areas. The school nature trail, 

which is 1.8 miles (2.9 km) long, is in 

the center of the No Hunt Zone and 

circles around the refuge office. It is on 

the core Baring Division and the only 

expansion of hunting in this zone is 

incidental take of coyote and bear 

during the deer hunt season that has 

been in existence on the refuge since 

1957. The refuge has experienced no 

incidences in this area, and many 

school groups have visited without 

complaint or incident. Twenty years ago 

there was a 1⁄4 mile (.4 km) No Hunt 

Zone, which the refuge expanded to 

over 1⁄2 mile (.8 km) from trails and 

structures. This not only complies with 

State regulations but exceeds the 

standards. The refuge’s Friends Group 

and Youth Conservation Corps are, in 

fact, working on this school trail this 

summer to insure that there are good 

directional signs. 

It is the refuge’s opinion that the 

wildlife population of eastern 

Washington County is diverse and 

healthy and that the clear-cut areas from 

15–20 years ago have developed into 

excellent wildlife habitat. This habitat 

will provide excellent cover for wildlife, 

and an expanded hunting program will 

have little effect on migratory species 

and mammals that move on and off the 

refuge lands. The white-tailed deer 

population in Washington County has 

been below State optimal objective 

levels, but the reasons for this are not 

well understood. The average number of 

deer taken on the 28,800 acres of the 

refuge during the hunting season over 

the last 8 years is eight deer per year. 

The refuge has a vigorous biological 

program that monitors its wildlife 

resources, and along with our law 

enforcement program, ensures that we 

protect our resources. 

The refuge’s hunt plan does not call 

for any migratory bird hunting (which 

includes woodcock) on the core Baring 

Division. The refuge is trying to 

preserve this nonhunted woodcock 

population for further study. There was 

a study conducted (McAuley et al. 2005) 

that indicated that hunting did not 

appear to reduce the overall survival of 

woodcock on the Moosehorn Breeding 

Grounds. Woodcock numbers have, in 

fact, increased substantially on the 

refuge since intense habitat management 

began in the late 1970s. 

The refuge gave consideration to 

adding coot and rail to the list of species 

for hunting; however, for this season 

they decided not to add them to the list. 

The National Wildlife Refuge System 

Improvement Act of 1997 encourages 

hunting, when compatible, on national 

wildlife refuges along with other 

activities as long as the biological 

compatibility process has been met. It is 

the refuge’s finding that, based on State 

data, the species hunted have 

sustainable populations. 

We are considering adding coot, sora, 

and Virginia rail to the list of species 

hunted and will review and make that 

determination for the next hunting 

season (2006–2007). 

Regardless of the number of 

participants in wildlife watching or 

hunting activities, we believe both of 

these uses are important to the 

economy, and we provide for both 

groups as best we can within our 

budgets. 

Comment 9: A commenter questioned 

the use of ‘‘natural material’’ for hunters 

constructing blinds and wondered if 

that might be a source of introduced 

nonnative/invasive species on a refuge. 

Response 9: We are adding language 

to all of the wetland management 

districts in North and South Dakota that 

will read as follows: ‘‘We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time.’’ We are also 

amending the language for Upper 

Mississippi River National Wildlife 

Refuge in Illinois to expressly prohibit 

nonnative materials. On Don Edwards 

San Francisco Bay National Wildlife 

Refuge, the refuge has allowed the 

public to bring in materials for 

temporary blind construction in the 

Ravenswood ponds for decades. It has 

not resulted in invasive species being 

introduced to the area. 

Comment 10: A commenter 

recommended that we make all attempts 

to minimize the amount of additional 

regulation, restriction, permits, fees, 

etc., associated with implementing this 

proposed rule and felt there were 

redundancies with State regulations. 

This comment was specific to Great 

Meadows National Wildlife Refuge in 

Massachusetts (Great Meadows). 

Response 10: It is not our intent to 

burden a hunter with additional 

regulations and restrictions. Rather, our 

intent is to provide hunters with quality 

wildlife-dependent recreational 

experience, as stated in Refuge System 

policy (8 RM 5.2A of the Refuge 

Manual, U.S. Fish and Wildlife Service, 

1985). The Refuge Manual (8 RM 5.5) 

states: ‘‘Refuge hunting programs should 

be planned, supervised, conducted, and 

evaluated to promote positive hunting 

values and hunter ethics such as fair 

chase and sportsmanship. In general, 

hunting on refuges should be superior to 

that available on other public or private 

lands and should provide participants 

with reasonable harvest opportunities, 

uncrowded conditions, limited 

interference from or dependence on 

mechanized aspects of the sport. This 

may require zoning the hunt unit and 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54149 

limiting the number of participants. 

Good planning will minimize the 

controls and regimentation needed to 

achieve hunting objectives.’’ The 

additional measures implemented by 

refuge staff will help facilitate such an 

experience. In addition, we review the 

hunting program annually to ensure 

compatibility with the Service mission 

and refuge purposes as well as its 

compliance with Federal and State 

hunting regulations. 

Comment 11: The same commenter 

questioned our repeating the State 

requirement of required hunter orange 

clothing for hunters on Great Meadows. 

Response 11: Safety is a priority on all 

of our refuges, and we feel this is a 

condition that bears inclusion in our 

regulations, even if it repeats the State 

regulations. The statement of this 

requirement may seem redundant 

because it is listed under three separate 

refuges (Assabet River, Great Meadows, 

and Oxbow National Wildlife Refuges) 

on the same page of the Federal 

Register. 

Comment 12: The same commenter 

questioned whether condition A12 

should apply to big game hunting as 

well as to migratory bird hunting on 

Great Meadows. 

Response 12: The commenter points 

up an error on our part. In fact, 

condition A12 states that we allow no 

more than two dogs per hunting party 

and is only applicable to Migratory 

Game Bird Hunting, not for Big Game 

Hunting. The correct condition we 

should have referenced for Big Game 

Hunting under C4 is A10, which 

actually prohibits use of dogs during 

scouting. We corrected that error in the 

final rule. 

Comment 13: The same commenter 

questioned our statement that costs 

should be minimal for the proposed 

rule, which flowed down to the 

individual refuge hunt plans, for Great 

Meadows. Therefore, the commenter 

feels that no additional fees or charges 

should be implemented or associated 

with the proposed rule. 

Response 13: There are sufficient 

funds within the annual operating 

budget of the Eastern Massachusetts 

National Wildlife Refuge Complex (of 

which Great Meadows is a part) to 

conduct the refuge hunt program. There 

will be little difference in the amount of 

law enforcement needed whether or not 

the refuge is open to hunting. We focus 

current law enforcement efforts on 

prohibiting poaching on the refuge. By 

opening Great Meadows to hunting, the 

refuge will incur additional 

administrative costs due to the issuance 

of hunt permits and outreach, 

particularly in the first few years of the 

hunt program. 

Comment 14: The same commenter 

questioned where the ‘‘Additional 

Hunting Day’’ figures came from on 

Table 1, Additional Hunting Days, and 

felt that the numbers were too low for 

Great Meadows. The commenter felt 

that the refuge can accommodate a 

much larger number of hunting days 

over the course of the hunting season. 

The commenter recommended 

eliminating the permit restrictions after 

the initial opening days. 

Response 14: The number of hunters 

anticipated represent good-faith 

estimates from the refuges when they 

were asked to estimate annual hunter 

participation for the new activities for 

purposes of economic analysis on the 

overall impact of the rule on the local 

economy, and this is a conservative 

estimate. At this time the Service plans 

to institute a two-tiered permit process 

(first tier is that each hunter must 

possess a general permit, second tier is 

a lottery for big game and waterfowl 

hunting) that will be in effect at the 

three refuges located in the northern 

part of the complex (Great Meadows, 

Assabet River, and Oxbow). We will 

charge a fee for the permit and limit the 

number of permits issued through a 

lottery to ensure a quality hunt and help 

us achieve refuge management 

objectives. We are implementing this 

permit process because the anticipated 

level of interest in hunting deer, 

waterfowl, and turkey (where allowed) 

at these refuges is unknown, but could 

be initially high due to interest in 

hunting areas that have not been open 

for hunting for many years. Limiting the 

number of hunters on the refuge should 

ensure a quality hunt, increase safety, 

and reduce potential conflicts with 

other refuge users. The need to maintain 

the two-tiered permit process will be 

reevaluated after a few hunt seasons, 

and modified or eliminated if 

determined to no longer be necessary. 

Comment 15: The same commenter 

opposes the imposition of fees or user 

charges for hunters that would exceed 

any current fees/charges for other users 

of these refuge properties for Great 

Meadows. The commenter feels the 

permits should be free of charge. 

Response 15: Costs of administering 

the hunt will be partially offset by 

revenues received from the issuance of 

hunt permits. The only way the Service 

will be able to achieve, maintain, and 

provide a quality hunting program in 

the future is with additional funds to 

cover the administrative costs. Failure 

to receive additional revenues will have 

a significant impact on our ability to 

provide quality hunting opportunities 

on refuges and provide participants 

with reasonable harvest opportunities. 

Comment 16: The same commenter 

feels that the refuge should not attempt 

to regulate/limit scouting for waterfowl 

hunting areas, nor should they require 

a permit for this purpose for Great 

Meadows. 

Response 16: Once a hunter obtains a 

permit, we would then allow scouting 

in areas that are normally off limits or 

closed to the public. Allowing 

unlimited scouting in these areas could 

lead to adverse impacts on refuge 

habitat. 

Comment 17: A commenter expressed 

concerns about the section of Great 

Meadows around Heard Pond as being 

quite small. The commenter feels 

allowing hunting creates a safety issue 

as the area is in the midst of suburban 

neighborhoods. 

Response 17: The refuge weighs a 

number of factors in opening an area to 

hunting, including visitor safety 

considerations. The refuge manager 

may, upon annual review of the hunting 

program, impose further restrictions on 

hunting, recommend that the refuge be 

closed to hunting, or further liberalize 

hunting within the limits of State law. 

Restrictions will occur if hunting 

becomes inconsistent with other higher 

priority refuge programs or endangers 

refuge resources or public safety. There 

will be areas on the refuge where we 

prohibit hunting. We strive to achieve a 

balance between consumptive and 

nonconsumptive uses on the refuges. 

Because Massachusetts prohibits 

hunting on Sunday, at a minimum 

nonhunters will be free to enjoy the 

refuge with no concern about possible 

hunting conflicts on those days during 

the hunting seasons. 

In others, we have restricted hunting 

because of the mandated safety zones, 

such as in the Heard Pond area. Further, 

State regulation requires a 500 foot 

(150 m) zone around any inhabited 

structure. As we state in the draft 

comprehensive conservation plan (CCP), 

‘‘Hunting, whether by gun or bow, is 

prohibited in this area unless the hunter 

received permission from the owner of 

the building. It is the hunter’s 

responsibility to ensure that he/she is 

more than 500 feet (150 m) from any 

such buildings.’’ There are times in 

which the safety zone extends into the 

refuge. We will prohibit hunting within 

these areas. 

Based upon concerns expressed in 

response to the draft CCP, we reviewed 

the most up-to-date aerial photographs 

available, which include the Heard 

Pond area. We analyzed locations of the 

500-foot safety zones around existing 

homes to determine whether or not a 

54150 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

reasonable hunting area could be 

provided given the constraints 

associated with safety zones. In addition 

to the aerial photo analysis, we went to 

the refuges to determine how visible the 

homes near the refuge are from inside 

the refuge. The Service will assist 

hunters and nonhunters in delineating 

any areas where there may be confusion 

as to the actual location of the safety 

zone. 

Comment 18: Many commenters also 

felt that the procedure by which we 

open refuges circumvents the review 

process mandated by both the National 

Environmental Policy Act (NEPA) and 

the Endangered Species Act (ESA). In a 

related comment, a commenter felt the 

Service erred in categorically excluding 

the proposed rule from NEPA review 

and feels we should prepare an 

Environmental Impact Statement (EIS). 

Response 18: As discussed in the 

section SUPPLEMENTARY of this rule, 

‘‘New Hunting and Sport Fishing 

Programs,’’ we detail the steps which 

follow NEPA and ESA mandates. This 

final rule represents a compilation of 

the new refuges opening for this season 

and makes corrections to existing 

refuges listed in 50 CFR part 32. Each 

individual refuge, when making a 

determination as to whether or not to 

allow hunting and/or fishing, includes 

the appropriate NEPA and ESA Section 

7 compliance when preparing an 

‘‘opening package.’’ For each of the 

refuges included in the rulemaking, we 

prepared Environmental Assessments 

and determined that EISs were 

unnecessary. No changes were made to 

the regulation as a result of this 

comment. 

The Service applies a categorical 

exclusion regarding the action of 

publishing the proposed and final rules. 

It does not assert a categorical exclusion 

regarding the opening or alteration of 

existing hunting or fishing programs. On 

the contrary, the Service complied with 

NEPA in each and every case in arriving 

at the decision to open or alter these 

programs. As we noted in the preamble 

to the proposed rule, we conduct all of 

the legally required compliance steps at 

each of the involved refuges before 

coordinating publication at the 

Headquarters level. It is the act of 

publishing the proposed rule, not the 

decisions regarding openings or 

alterations, which we categorically 

exclude. We also disagree with the 

commenter’s opinion that the openings 

and alterations require an EIS. 

Comment 19: Several commenters 

objected to the 30-day public comment 

period as being insufficient time for 

adequate public comment. 

Response 19: We disagree that the 

comment period is insufficient. The 

process of opening refuges is done in 

stages, with the fundamental work being 

done on the ground at the refuge and in 

the community where the program is 

administered. In these stages, the public 

is given other opportunities to 

comment, for example, on the 

comprehensive conservation plans and 

the compatibility determinations. The 

second stage is when we publish the 

proposed rule in the Federal Register 

each summer for additional comment, 

commonly a 30-day comment period. 

There is nothing contained in this 

annual regulation outside the scope of 

the annual review process where we 

add refuges or determine whether 

individual refuges need modifications, 

deletions, or additions made to them. 

We make every attempt to collect all of 

the proposals from the refuges 

nationwide and process them 

expeditiously to maximize the time 

available for public review. We believe 

that a 30-day comment period, through 

the broader publication following the 

earlier public involvement, gives the 

public sufficient time to comment and 

allows us to establish hunting and 

fishing programs in time for the 

upcoming seasons. Many of these rules 

also relieve restrictions and allow the 

public to participate in wildlifedependent recreational activities on a 

number of refuges. Even after issuance 

of a final rule, we accept comments, 

suggestions, and concerns for 

consideration for any appropriate 

subsequent rulemaking. 

Comment 20: A commenter felt we 

believe that the Improvement Act 

provides carte blanche approval to us to 

open refuges to hunting and fishing and 

feels we have not ensured the 

availability of sufficient funds as the 

law requires. 

Response 20: We do not agree with 

commenter’s characterization that the 

Improvement Act provides carte 

blanche approval for hunting and 

fishing on refuges. That Act, amending 

the National Wildlife Refuge System 

Administration Act, maintained the 

requirement that all uses be found 

compatible before allowing them, and 

the Service adheres to that. Each of 

these uses has been found compatible. 

We do note, however, that the 

Improvement Act establishes a policy 

that compatible wildlife-dependent 

recreational uses (two of the six 

specifically named being hunting and 

fishing) are to be facilitated. Moreover, 

the Improvement Act requires the 

Secretary to recognize the wildlifedependent recreational uses as the 

priority general public uses, ensure that 

opportunities for compatible wildlifedependent uses are provided within the 

Refuge System, and provides increased 

opportunities for families to experience 

wildlife-dependent uses such as hunting 

and fishing. 

The reference to the Refuge 

Recreation Act (16 U.S.C. 460k) 

regarding a finding on availability of 

funds is incorrect. The Improvement 

Act specifically exempts wildlifedependent recreational uses from that 

requirement. 

Comment 21: A commenter expressed 

concern that elk are being targeted as a 

threat to the Columbian white-tailed 

deer instead of cattle grazing at Julia 

Butler Hansen Refuge for the Columbian 

White-tailed Deer in Washington. 

Response 21: Elk traditionally used 

the mainland unit of the refuge as a 

wintering area. Before 1978, their 

numbers were relatively small (20 to 

30), and they stayed on the refuge for 

only 2 to 4 months. After 1978, both the 

numbers of elk and the length of time 

they spent on the refuge began 

increasing for unknown reasons. By 

1983 there were an estimated 110 elk 

living year-round on the refuge. 

The Service recognized the need to 

control elk numbers to minimize 

competition between the deer and the 

elk. The Columbian White-tailed Deer 

Recovery Team stated that the presence 

of elk on the refuge was not compatible 

with the recovery of the deer and 

recommended that elk be significantly 

reduced or eliminated (letter from 

Recovery Team to Division of 

Endangered Species, dated February 13, 

1984). In 1984, we prepared an 

Environmental Assessment (USFWS 

1984) for elk control, and a public 

meeting was held in Cathlamet, 

Washington. We evaluated several 

alternatives, and it was decided to 

proceed, with the support of 

Washington Department of Fish and 

Wildlife (WDFW), with transplanting 

the elk to other areas of Wahkiakum 

County, construction of a barrier fence 

along the northeast side of the refuge, 

and off-refuge hunting (the issuance of 

additional anterless permits in the 

management unit adjacent to the 

refuge). In the Proposed Alternative of 

the 1984 Environmental Assessment, 

the Service proposed that we allow a 

maximum of 20–30 elk on the refuge. 

The transplanting program began in 

1984 and 38 elk were moved off the 

refuge. Since then, an additional 283 elk 

have been captured and relocated. 

Currently transplanting elk is no longer 

feasible because the WDFW has 

withdrawn their support for this option. 

The primary refuge objective is to 

maintain the refuge in optimum 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54151 

condition for the Columbian WhiteTailed Deer (CWTD). High elk numbers 

have the potential of causing significant 

damage to CWTD habitat through 

feeding and movement activities. 

Although a small herd of 20–30 animals 

may cause a level of damage that is 

tolerable to the deer, larger numbers can 

cause serious problems for the deer 

recovery effort. Despite the refuge’s best 

efforts to exclude new elk from entering 

the refuge, each year some succeed. The 

herd also continues to grow due to the 

fact that calves are generally born every 

year. 

Because the refuge’s main purpose is 

to provide high-quality habitat for the 

CWTD, and because high numbers of elk 

in a relatively restricted environment 

can degrade deer browsing and resting 

areas, we must control elk population 

numbers on the refuge. Options for 

controlling the size of the elk herd are 

somewhat limited due to State concerns 

regarding relocation of animals and 

because of limited funds for moving elk. 

Cattle grazing on the refuge, an 

important management tool for 

providing high-quality forage for the 

deer, control reed canary grass that the 

deer find unpalatable and allow more 

desirable grasses and clover to grow. We 

allow cattle grazing only in the spring 

and summer months and restrict them 

to small, fenced pastures. These 

pastures occupy less than 10 percent of 

the refuge land base. The deer prefer the 

pastures for feeding areas during the 

winter months. Cattle numbers on the 

refuge have been reduced over the past 

10 years and are presently now at an alltime low. Elk, on the other hand, are 

free to roam throughout the refuge 

feeding on and trampling sensitive 

riparian areas. 

Cattle grazing do not limit the growth 

of brush and trees on the refuge. Old 

fields that are not grazed become 

dominated by reed canary grass that 

outcompetes woody seedlings. The 

refuge is presently establishing brush 

and trees in old fields by plowing and 

planting saplings. 

Columbian white-tailed deer numbers 

continue to hover at around 100 animals 

on the mainland unit. The refuge’s 

stated goal for the mainland unit of the 

refuge is 200 animals. Control of elk 

numbers has been and continues to be 

an important component in recovery of 

the mainland population of CWTD. 

Comment 22: With regard to Eastern 

Massachusetts refuges generally, several 

commenters expressed concern about 

sufficient use of local population 

estimates in setting take limits for the 

proposed list of hunted species. They 

feel the local populations of woodcock, 

ruffed grouse, and common snipe 

appear to be low and should not be 

hunted. The commenter also felt that 

use of archery should be promoted over 

firearm hunting due to the refuges’

location in a suburban area. 

Response 22: Woodcock and 

waterfowl (ducks and geese) 

populations are managed at a national 

level. The Service Migratory Bird 

Regulations Committee, comprised of 

flyway and State representatives, and 

Service personnel, annually prescribes 

frameworks, or outer limits, for dates 

and times when hunting may occur and 

the maximum number of birds that may 

be taken and possessed in early and late 

seasons. The length of hunting seasons, 

the number of permits issued, and bag 

limits are annually changed to reflect 

population status. Numerous and varied 

monitoring efforts are undertaken by a 

wide variety of organizations. The 

Service’s Office of Migratory Bird 

Management conducts a number of 

surveys in conjunction with the 

Service’s Regional Offices, the Canadian 

Wildlife Service, and State and 

Provincial wildlife-management 

agencies. For more information about 

migratory bird management, please 

consult their Web site at: http:// 

migratorybirds.fws.gov/mgmt/ 

mgmttbl.html. 

The refuges have found both archery 

and shotgun hunting to be compatible. 

Refer to Comment/Response #6 for a 

further discussion of safety issues. The 

Eastern Massachusetts refuges exercise 

strict limitations on both the numbers of 

permits issued and where we allow 

hunting to minimize conflicts. 

Comment 23: A commenter also felt 

that deer (and another commenter 

mentioned turkey) hunting at the 

Eastern Massachusetts refuges should be 

determined by wildlife and habitat 

inventories and management step-down 

plans. They felt that hunting permits 

and check stations would be crucial to 

the success of such a program. 

Response 23: The hunting of resident 

species, such as deer, rabbits, and 

squirrels, falls within the responsibility 

of State fish and wildlife agencies, 

which also monitor and manage 

populations to ensure healthy 

ecosystems, sustainable populations, 

and a certain level of hunter success. 

We work in partnership with the 

Massachusetts Division of Fisheries and 

Wildlife and rely on their knowledge 

and expertise to determine the 

appropriateness of hunting seasons. We 

base any decisions we make to limit or 

prevent the harvest of resident species 

on any refuge on other refuge 

management concerns and not on a 

concern about the population of a given 

species. State fish and wildlife agencies 

have an excellent record of sound, 

professional wildlife management, and 

this is true in Massachusetts as well. 

Refuge law enforcement staff will 

work independently, and in conjunction 

with State Environmental Police, to 

enforce State and Federal hunting 

regulations on the refuge. 

The refuge will not provide check 

stations. Hunters will be required to tag 

and report harvested game according to 

State regulations. 

Comment 24: Several commenters 

wondered about the archery-only 

‘‘buffer’’ at Assabet River National 

Wildlife Refuge in Massachusetts and 

why that buffer was not extended to the 

eastern portion (Marlboro Road) of the 

refuge. A commenter also asked why 

specific areas of Assabet River were 

designated archery only. 

Response 24: During the CCP process, 

based upon comments that the refuge 

received regarding Hudson Road and 

Stearns Lane, they made a revision to 

the hunting areas on the north section 

of the refuge. The area outside of the 

entire Patrol Road has been designated 

‘‘Archery Only.’’ (The map currently 

published in the CCP and on the 

website does not reflect this change and 

will be updated). 

Pertaining to the request for extension 

of the archery-only area east of Marlboro 

Road, the refuge weighs a number of 

factors before opening an area to 

hunting, including visitor safety 

considerations. The refuge manager 

may, upon annual review of the hunting 

program, impose further restrictions on 

hunting, recommend closure of the 

refuge to hunting, or further liberalize 

hunting within the limits of the State 

law. Restrictions will occur if hunting 

becomes inconsistent with other higher 

priority refuge programs or endangers 

refuge resources or public safety. 

To mitigate some of the concerns 

about safety at Assabet River, the refuge 

manager wanted to keep all shotgun 

hunting within the confines of Patrol 

Road and Craven Lane, thus creating a 

clear landmark for hunters to orient 

themselves when participating in this 

priority use north of Hudson/Sudbury 

Road. 

During the CCP process, some 

individuals expressed concerns about 

safety while using the refuge during 

hunting season and the assertion that 

the nonhunting public will not 

participate in other wildlife-dependent 

activities during the hunting seasons. 

Some people will be too uncomfortable 

to walk on the refuge during any hunt 

season. Others are or will become 

comfortable walking on the refuge 

during archery-only seasons. The refuge 

manager has a responsibility to facilitate 

54152 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

all forms of wildlife-dependent public 

use on the refuges, when possible, and 

there may be days when people engaged 

in hunting will have preferential access 

to parts of the refuges. 

Comment 25: A commenter asked that 

Assabet River Refuge specify how many 

hunting permits they will issue for each 

category of hunting and describe how 

they will advise hunters in the field of 

the boundaries of the hunting areas to 

avoid trespass on private property. 

Response 25: Additional information 

about the application process and 

permits will be available on the 

respective refuge websites for Assabet 

River, Oxbow, and Great Meadows 

National Wildlife Refuges. We will 

encourage hunters to scout potential 

hunting areas in advance of their hunt 

in order to become familiar with refuge 

lands, boundaries, and hunting areas. 

We will provide refuge hunting 

regulations and maps with each permit 

to assist hunters in this effort to safely 

and legally participate in a hunt and 

minimize conflicts with refuge 

neighbors and refuge users. Ultimately, 

it is the hunters’ responsibility to know 

where they are located on the refuge in 

order to comply with State laws and 

refuge specific regulations. 

Comment 26: A commenter believes 

the Service has engaged in a pattern of 

compromising the biological and 

ecological integrity of our national 

wildlife refuges by providing hunters 

the opportunity to kill for fun and sport 

the deer, ducks, and a variety of other 

wildlife species that inhabit these 

refuges. 

Response 26: We strongly disagree 

with and object to the allegations that 

we have compromised the biological 

and ecological integrity of the Refuge 

System and that we have not provided 

sufficient opportunities for 

nonconsumptive users of the System. 

The commenter has failed to take note 

of the repeated enactment of laws 

governing refuges whereby Congress has 

authorized and encouraged hunting and 

fishing on refuge lands. Those 

enactments recognize that all types of 

uses, consumptive as well as 

nonconsumptive, have their place on 

Refuge System lands, and we have taken 

steps that ensure those needs are 

balanced within the delegation given to 

the Secretary by them. 

New Hunting and Sport Fishing 

Programs 

In preparation for new openings, we 

include the following documents in 

each refuge’s ‘‘opening package’’ (which 

the Region and/or California/Nevada 

Operations Office completes, the 

Regional Director and/or California/ 

Nevada Operations Manager reviews, 

and the refuge copies and sends to the 

Headquarters Office for review of 

compliance with the various opening 

requirements): (1) Step-down 

management plan; (2) appropriate 

National Environmental Policy Act 

(NEPA) documentation (e.g., Categorical 

Exclusion, Environmental Assessment, 

or Environmental Impact Statement); (3) 

appropriate NEPA decision 

documentation (e.g., Finding of No 

Significant Impact, Record of Decision); 

(4) Endangered Species Act Section 7 

evaluation; (5) copies of letters 

requesting State and, where appropriate, 

Tribal involvement and the results of 

the request(s); (6) draft news release; (7) 

outreach plan; and (8) draft refugespecific regulation. Upon approval of 

these documents, the Regional 

Director(s) is certifying that the opening 

of these refuges to hunting and/or sport 

fishing has been found to be compatible 

with the principles of sound fish and 

wildlife management and 

administration and otherwise will be in 

the public interest. 

In accordance with the 

Administration Act and Recreation Act, 

we have determined that these openings 

are compatible and consistent with the 

purpose(s) for which we established the 

respective refuges and the Refuge 

System mission. A copy of the 

compatibility determinations for these 

respective refuges is available by request 

to the Regional office noted under the 

heading ‘‘Available Information for 

Specific Refuges.’’

The annotated chart below reflects the 

following changes for the 2005–2006 

season. The key below the chart 

explains the symbols used: 

CHANGES FOR 2005–2006 HUNT/FISH SEASON

Unit State Migratory bird hunting Upland game hunting Big game hunting Sport fishing 

Assabet River NWR ........................ MA ...... A ................................ A ................................ A ................................ A 

Great Meadows NWR ..................... MA ...... B ................................ .................................... B ................................ E 

Moosehorn NWR ............................. ME ...... B ................................ B ................................ C 

Oxbow NWR .................................... MA ...... C ................................ C ................................ B 

Silvio O. Conte NWR ...................... NH ...... A ................................ A ................................ A 

Wertheim NWR ............................... NY ...... .................................... .................................... B ................................ Previously published. 

Cahaba River NWR ......................... AL ....... .................................... A ................................ A ................................ A 

Julia Butler Hansen NWR ............... WA ..... Previously published .................................... B 

Stone Lakes NWR ........................... CA ...... A 

Glacial Ridge NWR ......................... MN ...... A ................................ A ................................ A 

Squaw Creek NWR ......................... MO ..... B ................................ .................................... Previously published Previously published. 

Sacramento River NWR .................. CA ...... B ................................ B ................................ B ................................ D 

Previously published. 

San Bernardino NWR ...................... AZ ....... E ................................ Previously published.

Stewart B. McKinney NWR ............. CT ...... A 

Pocasse NWR ................................. SD ...... .................................... F 

Rock Lake NWR .............................. ND ...... .................................... .................................... F 

A. Refuge added to part 32 and activity(ies) opened. 

B. Refuge already listed in part 32; added hunt category. 

C. Refuge already listed in part 32; species added to hunt category. 

D. Refuge already listed in part 32; land added. 

E. Refuge opened to that activity for many years but never listed in part 32; correcting administrative oversight. 

F. Refuge removed from part 32 (explanation below). 

We are adding 6 refuges to the list of 

open refuges in part 32 and increasing 

hunt categories at 7 refuges already 

listed in part 32. 

Lands acquired as ‘‘waterfowl 

production areas,’’ which we generally 

manage as part of wetland management 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54153 

districts, are open to the hunting of 

migratory game birds, upland game, big 

game, and sport fishing subject to the 

provisions of State law and regulations 

(see 50 CFR 32.1 and 32.4). We are 

adding these existing wetland 

management districts (WMDs) to the list 

of refuges open for all four activities in 

50 CFR part 32: Big Stone WMD and 

Minnesota Valley WMD (both in the 

State of Minnesota;) and Arrowwood 

WMD, Audubon WMD, Chase Lake 

WMD, Crosby WMD, J. Clark Salyer 

WMD, Kulm WMD, Lostwood WMD, 

Long Lake WMD, Tewaukon WMD, and 

Valley City WMD all in the State of 

North Dakota. 

We are correcting the following 

administrative errors in 50 CFR part 32: 

we are removing Pocasse National 

Wildlife Refuge in the State of South 

Dakota because it was an easement 

refuge, and it is no longer a part of the 

Refuge System; we are removing Rock 

Lake National Wildlife Refuge in the 

State of North Dakota because it closed 

to hunting in 1996; we are adding Great 

Meadows in the State of Massachusetts 

as open to fishing as it has been open 

to that opportunity for years but this 

status has never been reflected in 50 

CFR part 32; and we are adding 

migratory bird hunting to San 

Bernardino National Wildlife Refuge in 

the State of Arizona, because it has been 

open to that opportunity since 1986, but 

this status has not been reflected in 50 

CFR part 32. 

This document codifies in the Code of 

Federal Regulations, all of the Service’s 

hunting and/or sport fishing regulations 

that are applicable at Refuge System 

units previously opened to hunting and/ 

or sport fishing. We are doing this to 

better inform the general public of the 

requirements at each refuge, to increase 

understanding and compliance with 

these requirements, and to make 

enforcement of these regulations more 

efficient. In addition to now finding 

these conditions in 50 CFR part 32, 

visitors to our refuges will usually find 

these terms and conditions reiterated in 

literature distributed by each refuge or 

posted on signs. 

We have cross-referenced a number of 

existing regulations in 50 CFR parts 26, 

27, and 32 to assist hunting and sport 

fishing visitors with understanding 

safety and other legal requirements on 

refuges. This redundancy is deliberate, 

with the intention of improving safety 

and compliance in our hunting and 

sport fishing programs. 

Fish Advisory 

For health reasons, anglers should 

review and follow State-issued 

consumption advisories before enjoying 

recreational sport fishing opportunities 

on Service-managed waters. You can 

find information about current fish 

consumption advisories on the Internet 

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

We incorporate this regulation into 50 

CFR part 32. Part 32 contains general 

provisions and refuge-specific 

regulations for hunting and sport fishing 

on refuges. 

Regulatory Planning and Review 

In accordance with the criteria in 

Executive Order 12866, the Service 

asserts that this rule is not a significant 

regulatory action. The Office of 

Management and Budget (OMB) makes 

the final determination under Executive 

Order 12866. 

a. This rule will not have an annual 

economic effect of $100 million or 

adversely affect an economic sector, 

productivity, jobs, the environment, or 

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

required. However, a brief assessment 

follows to clarify the costs and benefits 

associated with the rule. 

The purpose of this rule is to add six 

refuges to the list of areas open for 

hunting and/or sport fishing programs 

and increase the activities available at 

seven other refuges. The refuges are 

located in the States of Alabama, 

California, Connecticut, Maine, 

Massachusetts, Minnesota, Missouri, 

New Hampshire, New York, and 

Washington. Fishing and hunting are 

two of the wildlife-dependent uses of 

national wildlife refuges that Congress 

recognizes as legitimate and 

appropriate, and we should facilitate 

their pursuit, subject to such restrictions 

or regulations as may be necessary to 

ensure their compatibility with the 

purpose of each refuge. Many of the 545 

existing national wildlife refuges 

already have programs where we allow 

fishing and hunting. Not all refuges 

have the necessary resources and 

landscape that would make fishing and 

hunting opportunities available to the 

public. By opening these refuges to new 

activities, we have determined that we 

can make quality experiences available 

to the public. This rule establishes 

hunting and/or fishing programs and 

expands existing activities at the 

following refuges: Cahaba River 

National Wildlife Refuge in Alabama, 

Sacramento River and Stone Lakes 

National Wildlife Refuges in California, 

Stewart B. McKinney National Wildlife 

Refuge in Connecticut, Moosehorn 

National Wildlife Refuge in Maine, 

Assabet River, Great Meadows, and 

Oxbow National Wildlife Refuges in 

Massachusetts, Glacial Ridge National 

Wildlife Refuge in Minnesota, Squaw 

Creek National Wildlife Refuge in 

Missouri, Silvio O. Conte National 

Wildlife Refuge in New Hampshire, 

Wertheim National Wildlife Refuge in 

New York, and Julia Butler Hansen 

Refuge for the Columbian White-Tailed 

Deer in Washington. 

We are correcting the following 

administrative errors in 50 CFR part 32: 

We are removing Pocasse National 

Wildlife Refuge in the State of South 

Dakota as it was an easement refuge and 

is no longer a part of the Refuge System, 

and we are removing Rock Lake 

National Wildlife Refuge in the State of 

North Dakota, because it closed to 

hunting back in 1996. Since both of 

these closures happened years ago, and 

we are just correcting 50 CFR part 32 to 

reflect this, there is no appreciable 

economic impact. 

Lands acquired as ‘‘waterfowl 

production areas,’’ which we generally 

manage as part of wetland management 

districts (WMDs), are open to the 

hunting of migratory game birds, upland 

game, big game, and sport fishing 

subject to the provisions of State law 

and regulations (see 50 CFR 32.1 and 

32.4). We are adding these existing 

WMDs to the list of refuges open for all 

four activities in part 32 this year: Big 

Stone WMD and Minnesota Valley 

WMD, both in the State of Minnesota, 

and Arrowwood WMD, Audubon WMD, 

Chase Lake WMD, Crosby WMD, J. Clark 

Salyer WMD, Kulm WMD, Lostwood 

WMD, Long Lake WMD, Tewaukon 

WMD, and Valley City WMD, all in the 

State of North Dakota. We do not expect 

any change in visitation rates at these 

wetland management districts because 

recreationists currently have the option 

to participate in these activities. 

Therefore, there are no new economic 

impacts from the addition of these 

wetland management districts to the list 

in 50 CFR part 32. 

Costs Incurred 

Costs incurred by this regulation 

would be minimal, if any. We expect 

any law enforcement or other refuge 

actions related to recreational activities 

to be included in any usual monitoring 

of the refuge. Therefore, we expect any 

costs to be negligible. 

Benefits Accrued 

A correction has been made from the 

proposed rule concerning Squaw Creek 

National Wildlife Refuge (MO). The 

refuge expects an increase of 30 days 

during the Spring Conservation Order 

Season for migratory game birds, not an 

increase of 300 days. This corrected 

number impacts additional hunting 

days, total additional fishing and 

hunting days, and total days per year 

54154 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

(Table 1); change in estimated customer 

surplus for hunters and change in total 

consumer surplus (Table 2); change of 

possible additional refuge expenditures 

for hunters (Table 3); and estimated 

maximum addition from new refuge and 

addition as a percentage of total for 

Squaw Creek (Table 4). 

Benefits from this regulation would be 

derived from the new fishing and 

hunting days from opening the refuges 

to these activities. If the refuges 

establishing new fishing and hunting 

programs were a pure addition to the 

current supply of such activities, it 

would mean an estimated increase of 

12,000 user days of fishing and 7,185 

user days of hunting (Table 1). These 

new fishing and hunting days would 

generate: (1) Consumer surplus (the net 

benefit received by recreationists); and 

(2) expenditures associated with fishing 

and hunting on the refuges. 

TABLE 1.—ESTIMATED CHANGE IN FISHING AND HUNTING OPPORTUNITIES IN 2005/06 

Refuge 

Current hunting 

and/or fishing 

days (FY04) 

Additional fishing 

days 

Additional hunting 

days 

Total additional 

fishing and hunting days 

Assabet River .......................................................................... .............................. 3,000 130 3,130 

Great Meadows ....................................................................... 49,050 .............................. 125 125 

Moosehorn ............................................................................... 43,500 .............................. 985 985 

Oxbow ...................................................................................... 18,886 .............................. 128 128 

Silvio O. Conte ......................................................................... .............................. .............................. 65 65 

Wertheim .................................................................................. 14,750 .............................. 1,406 1,406 

Cahaba River ........................................................................... .............................. 8,000 2,200 10,200 

Julia Butler Hansen ................................................................. 2,660 .............................. 20 20 

Stone Lakes ............................................................................. .............................. .............................. 14 14 

Glacial Ridge ........................................................................... .............................. .............................. 87 87 

Squaw Creek ........................................................................... 353 .............................. 30 30 

Sacramento River .................................................................... .............................. 1,000 1,005 2,005 

San Bernardino ........................................................................ 45 .............................. .............................. 0 

Stewart B. McKinney ............................................................... .............................. .............................. 990 990 

Total Days per Year ......................................................... 129,244 12,000 7,185 19,185 

Assuming the new days are a pure 

addition to the current supply, the 

additional days would create consumer 

surplus (CS) of approximately $906,000 

annually ([7,185 days × $47.32 CS per 

day] + [12,000 days × $47.07 CS per 

day]) (Table 2). However, the 

participation trend is flat in fishing and 

hunting activities because the number of 

Americans participating in these 

activities has been stagnant since 1991. 

Any increase in the supply of these 

activities introduced by adding refuges 

where the activity is available will most 

likely be offset by other sites losing 

participants, especially if the new sites 

have higher quality fishing and/or 

hunting opportunities. Therefore, the 

additional consumer surplus is more 

likely to be smaller. 

TABLE 2.—ESTIMATED CHANGE IN CONSUMER SURPLUS FROM ADDITIONAL FISHING AND HUNTING OPPORTUNITIES IN

2005/06 

[2004 $] 

Fishing Hunting Total fishing and 

hunting 

Total additional days .................................................................................................. 12,000 7,185 19,185 

Consumer surplus per day 1 ...................................................................................... $47.32 $47.07 ..............................

Change in total Consumer Surplus ........................................................................... $567,840 $338,198 $906,038 

1 Due to the unavailability of consistent consumer surplus estimates for these various site-specific activities, a national consumer surplus estimate is used for this analysis. The estimates are from: Pam Kaval and John Loomis. ‘‘Updated Outdoor Recreation Use Values with Emphasis 

on National Recreation.’’ October 2003. 

In addition to benefits derived from 

consumer surplus, this rule would also 

have benefits from the recreation-related 

expenditures. Due to the unavailability 

of site-specific expenditure data, we use 

the national estimates from the 2001 

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 expected maximum additional 

participation on the Refuge System 

yields approximately $818,000 in 

fishing-related expenditures and 

$692,000 in hunting-related 

expenditures (Table 3). 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54155 

TABLE 3.—ESTIMATION OF THE ADDITIONAL EXPENDITURES WITH AN INCREASE OF ACTIVITIES IN SEVEN REFUGES AND

THE OPENING OF SIX REFUGES TO FISHING AND/OR HUNTING FOR 2005/06 

U.S. total 

expenditures 

in 2001 

Average 

expenditures 

per day 

Current refuge 

expenditures 

w/o duplication 

Possible additional 

refuge 

expenditures 

Anglers 

Total Days Spent ........................................................................... 557 Mil .............. .............................. 7.0 Mil ............... 12,000 

Total Expenditures ......................................................................... 38.0 Bil ............. $68 $453.6 Mil ......... $818,231 

Trip Related ................................................................................... 15.6 Bil ............. 28 $186.6 Mil ......... $336,549 

Food and Lodging .......................................................................... 6.3 Bil ............... 11 $74.9 Mil ........... $135,046 

Transportation ................................................................................ 3.8 Bil ............... 7 $44.8 Mil ........... $80,733 

Other .............................................................................................. 5.6 Bil ............... 10 $66.9 Mil ........... $120,769 

Hunters 

Total Days Spent ........................................................................... 228 Mil .............. .............................. 2.4 Mil ............... 7,185 

Total Expenditures ......................................................................... 22.0 Bil ............. $96 $212.0 Mil ......... $691,676 

Trip Related ................................................................................... 5.6 Bil ............... 25 $54.0 Mil ........... $176,263 

Food and Lodging .......................................................................... 2.6 Bil ............... 11 $25.2 Mil ........... $82,216 

Transportation ................................................................................ 1.9 Bil ............... 8 $18.0 Mil ........... $60,047 

Other .............................................................................................. 1.1 Bil ............... 5 $10.4 Mil ........... $33,999 

By having ripple effects throughout 

the economy, these direct expenditures 

are only part of the economic impact of 

waterfowl hunting. Using a national 

impact multiplier for hunting activities 

(2.73) derived from the report 

‘‘Economic Importance of Hunting in 

America’’ and a national impact 

multiplier for sportfishing activities 

(2.79) from the report ‘‘Sportfishing in 

America’’ for the estimated increase in 

direct expenditures yields a total 

economic impact of approximately $4.2 

million (2004 dollars) (Southwick 

Associates, Inc., 2003). (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 

would be ‘‘new’’ money coming into a 

local economy and, therefore, this 

spending would be offset with a 

decrease in some other sector of the 

local economy. The net gain to the local 

economies would be no more than $4.2 

million, and most likely considerably 

less. Since 80 percent of the participants 

travel less than 100 miles to engage in 

hunting and fishing activities, their 

spending patterns would not add new 

money into the local economy and, 

therefore, the real impact would be on 

the order of $834,000 annually. 

In summary, we estimate that the 

additional fishing and hunting 

opportunities would yield 

approximately $906,000 in consumer 

surplus and $834,000 in recreationrelated expenditures annually. The 10- 

year quantitative benefit for this rule 

would be $17.4 million ($15.3 million 

discounted at 3 percent or $13.1 million 

discounted at 7 percent). 

b. This rule will not create 

inconsistencies with other agencies’

actions. This action pertains solely to 

the management of the Refuge System. 

The fishing and hunting activities 

located on national wildlife refuges 

account for approximately 1 percent of 

the available supply in the United 

States. Any small, incremental change 

in this supply will not measurably 

impact any other agencies’ existing 

programs. 

c. This rule will not materially affect 

entitlements, grants, user fees, loan 

programs, or the rights and obligations 

of their recipients. This rule does not 

affect entitlement programs. There are 

no grants or other Federal assistance 

programs associated with public use of 

national wildlife refuges. 

d. This rule will not raise novel legal 

or policy issues. This rule opens six 

additional refuges for fishing and 

hunting programs and increases the 

activities available at seven other 

refuges. This rule continues the practice 

of allowing recreational public use of 

national wildlife refuges. Many refuges 

in the Refuge System currently have 

opportunities for the public to hunt and 

fish on refuge lands. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(as amended by the Small Business 

Regulatory Enforcement Fairness Act 

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

seq.), whenever a Federal agency is 

required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

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

small businesses, small organizations, 

and small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency certifies that the rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Thus, for a regulatory flexibility analysis 

to be required, impacts must exceed a 

threshold for ‘‘significant impact’’ and a 

threshold for a ‘‘substantial number of 

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

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This rule does not increase the 

number of recreation types allowed in 

the System but establishes hunting and/ 

or fishing programs on six refuges and 

expands activities at seven other 

refuges. As a result, opportunities for 

wildlife-dependent recreation on 

national wildlife refuges will increase. 

The changes in the amount of allowed 

use are likely to increase visitor activity 

on these national wildlife refuges. But, 

as stated in the Regulatory Planning and 

Review section, this is likely to be a 

substitute site for the activity and not 

necessarily an increase in participation 

rates for the activity. To the extent 

visitors spend time and money in the 

area of the refuge that they would not 

have spent there anyway, they 

contribute new income to the regional 

economy and benefit local businesses. 

54156 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

Many small businesses within the 

retail trade industry (such as hotels, gas 

stations, taxidermy shops, bait and 

tackle shops, etc.) may benefit from 

some increased refuge visitation. A large 

percentage of these retail trade 

establishments in the majority of 

affected counties qualify as small 

businesses (Table 4). 

We expect that the incremental 

recreational opportunities will be 

scattered, and so we do not expect that 

the rule will have a significant 

economic effect (benefit) on a 

substantial number of small entities in 

any region or nationally. Using the 

estimate derived in the Regulatory 

Planning and Review section, we expect 

approximately $834,000 to be spent in 

total in the refuges’ local economies. 

The maximum increase ($4.2 million if 

all spending is new money) at most 

would be less than 1 percent for local 

retail trade spending (Table 4). 

TABLE 4.—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR

2005/2006 

Refuge/County(ies) 

Retail trade in 

1997 (2004 dollars 

in millions) 

Estimated maximum addition 

from new refuge 

Addition as a 

percent of total 

Total number 

retail establish 

Establish with 

<10 emp 

Assabet River 

Middlesex, MA ................................ 17,021.1 $148,079 0.0009 5,701 3,697 

Great Meadows 

Middlesex, MA ................................ 17,021.1 5,884 0.0001 5,701 3,697 

Moosehorn 

Washington, ME ............................. 306,233.4 46,364 0.0151 281 206 

Oxbow 

Middlesex, MA ................................ 17,021.1 3,012 0.0001 5,701 3,697 

Worcester, MA ................................ 7,334.4 3,012 0.0001 2,796 1,896 

Silvio O. Conte 

Coos, NH ........................................ 498.8 3,060 0.0006 293 218 

Wertheim 

Suffolk, NY ...................................... 15,900.2 66,180 0.0004 8,946 6,904 

Cahaba River 

Bibb, AL .......................................... 90.8 482,114 0.5307 69 51 

Julia Butler Hansen 

Wahkiakum, WA ............................. 8.6 471 0.0054 25 21 

Clatsop, OR .................................... 391.2 471 0.0001 407 291 

Stone Lakes 

Sacramento, CA ............................. 11,183.2 659 0.0001 5,555 3,573 

Glacial Ridge 

Polk, MN ......................................... 249.2 4,095 0.0016 203 131 

Squaw Creek 

Holt, MO ......................................... 46.4 1,412 0.0030 32 22 

Sacramento River 

Butte, CA ........................................ 1,768.5 94,625 0.0054 1,095 736 

San Bernardino 

Cochise, AZ .................................... 838.1 0 0.0001 628 439 

Stewart B. McKinney 

New Haven, CT .............................. 9,092.1 23,300 0.0003 4,852 3,424 

Fairfield, CT .................................... 13,610.1 23,300 0.0002 5,672 3,994 

With the small increase in overall 

spending anticipated from this rule, it is 

unlikely that a substantial number of 

small entities will have more than a 

small benefit from the increased 

spending near the affected refuges. 

Therefore, we certify that this rule will 

not have a significant economic effect 

on a substantial number of small entities 

as defined under the Regulatory 

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

initial/final Regulatory Flexibility 

Analysis is not required. Accordingly, a 

Small Entity Compliance Guide is not 

required. 

Small Business Regulatory Enforcement 

Fairness Act 

The rule is not a major rule under 5 

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

Regulatory Enforcement Fairness Act. 

We anticipate no significant 

employment or small business effects. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

The additional fishing and hunting 

opportunities at the seven refuges 

would generate angler and hunter 

expenditures with an economic impact 

estimated at $4.2 million per year (2004 

dollars). Consequently, the maximum 

benefit of this rule for businesses both 

small and large would not be sufficient 

to make this a major rule. The impact 

would be scattered across the country 

and would most likely not be significant 

in any local area. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. This rule will have 

only a slight effect on the costs of 

hunting and fishing opportunities for 

Americans. Under the assumption that 

any additional hunting and fishing 

opportunities would be of high quality, 

participants would be attracted to the 

refuge. If the refuge is closer to the 

participants’ residences, then a 

reduction in travel costs would occur 

and benefit the participants. The Service 

does not have information to quantify 

this reduction in travel cost but assumes 

that, since most people travel fewer than 

100 miles to hunt and fish, the reduced 

travel cost would be small for the 

additional days of hunting and fishing 

generated by this rule. We do not expect 

this rule to affect the supply or demand 

for fishing and hunting opportunities in 

the United States and, therefore, it 

should not affect prices for fishing and 

hunting equipment and supplies, or the 

retailers that sell equipment. Additional 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54157 

refuge hunting and fishing opportunities 

would account for less than 0.001 

percent of the available opportunities in 

the United States. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

enterprises to compete with foreignbased enterprises. This rule represents 

only a small proportion of recreational 

spending of a small number of affected 

anglers and hunters, approximately a 

maximum of $4.2 million annually in 

impact. Therefore, this rule will have no 

measurable economic effect on the 

wildlife-dependent industry, which has 

annual sales of equipment and travel 

expenditures of $72 billion nationwide. 

Refuges that establish hunting and 

fishing programs may hire additional 

staff from the local community to assist 

with the programs, but this would not 

be a significant increase because we are 

only opening six refuges to hunting and/ 

or fishing and only seven refuges are 

increasing programs by this rule. 

Unfunded Mandates Reform Act 

Since this rule applies to public use 

of federally owned and managed 

refuges, it does not impose an unfunded 

mandate on State, local, or tribal 

governments or the private sector of 

more than $100 million per year. The 

rule does 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 (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. This regulation 

will affect only visitors at national 

wildlife refuges and describe what they 

can do while they are on a refuge. 

Federalism (Executive Order 13132) 

As discussed in the Regulatory 

Planning and Review and Unfunded 

Mandates Reform Act sections above, 

this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment 

under Executive Order 13132. In 

preparing this rule, we worked with 

State governments. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that the rule does not 

unduly burden the judicial system and 

that it meets the requirements of 

sections 3(a) and 3(b)(2) of the Order. 

The regulation will clarify established 

regulations and result in better 

understanding of the regulations by 

refuge visitors. 

Energy Supply, Distribution or Use 

(Executive Order 13211) 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. Executive Order 

13211 requires agencies to prepare 

Statements of Energy Effects when 

undertaking certain actions. Because 

this rule opens six refuges to hunting 

and/or sport fishing programs and 

makes minor changes to other refuges 

open to those activities, it is not a 

significant regulatory action under 

Executive Order 12866 and is not 

expected to significantly affect energy 

supplies, distribution, and use. 

Therefore, this action is a not a 

significant energy action and no 

Statement of Energy Effects is required. 

Consultation and Coordination With 

Indian Tribal Governments (Executive 

Order 13175) 

In accordance with Executive Order 

13175, we have evaluated possible 

effects on federally recognized Indian 

tribes and have determined that there 

are no effects. We coordinate 

recreational use on national wildlife 

refuges with tribal governments having 

adjoining or overlapping jurisdiction 

before we propose the regulations. This 

regulation is consistent with and not 

less restrictive than tribal reservation 

rules. 

Paperwork Reduction Act 

This regulation does not contain any 

information collection requirements 

other than those already approved by 

the Office of Management and Budget 

under the Paperwork Reduction Act (44 

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

Number is 1018–0102). See 50 CFR 

25.23 for information concerning that 

approval. An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. We are seeking further 

OMB approval for other necessary 

information collection. 

Endangered Species Act Section 7 

Consultation 

In preparation for new openings, we 

include Section 7 consultation 

documents approved by the Service’s 

Endangered Species program in the 

refuge’s ‘‘openings package’’ for 

Regional review and approval from the 

Headquarters Office. We reviewed the 

changes in hunting and fishing 

regulations herein with regard to 

Section 7 of the Endangered Species Act 

of 1973 (16 U.S.C. 1531–1544, as 

amended) (ESA). For the national 

wildlife refuges opening for hunting 

and/or fishing, we have determined that 

Moosehorn National Wildlife Refuge 

(bald eagle), Wertheim National Wildlife 

Refuge, Cahaba River National Wildlife 

Refuge, Julia Butler Hansen National 

Wildlife Refuge (Columbia white-tailed 

deer and bald eagle), Glacial Ridge 

National Wildlife Refuge, Squaw Creek 

National Wildlife Refuge (bald eagle), 

and Sacramento River National Wildlife 

Refuge will not likely adversely affect 

any endangered or threatened species or 

designated critical habitat; and Assabet 

River National Wildlife Refuge, Great 

Meadows National Wildlife Refuge, 

Moosehorn National Wildlife Refuge 

(Atlantic salmon), Oxbow National 

Wildlife Refuge, Silvio O. Conte 

National Wildlife Refuge, Julia Butler 

Hansen National Wildlife Refuge 

(marbled murrelet, northern spotted 

owl, bull trout, howellia, Nelson’s 

checkermallow, streaked horned lark), 

Stewart B. McKinney National Wildlife 

Refuge, Squaw Creek National Wildlife 

Refuge (piping plover and least tern), 

and Stone Lakes National Wildlife 

Refuge will not affect any endangered or 

threatened species or designated critical 

habitat; and Squaw Creek National 

Wildlife Refuge (Eastern Massasauga 

rattlesnake) is not likely to jeopardize 

candidate or proposed species critical 

habitat. 

We also comply with Section 7 of the 

ESA when developing Comprehensive 

Conservation Plans (CCPs) and stepdown management plans for public use 

of refuges, and prior to implementing 

any new or revised public recreation 

program on a refuge as identified in 50 

CFR 26.32. We also make 

determinations when required by the 

ESA before the addition of a refuge to 

the lists of areas open to hunting or 

fishing as contained in 50 CFR 32.7. 

National Environmental Policy Act 

We analyzed this rule in accordance 

with the criteria of the National 

Environmental Policy Act of 1969 

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

6, Appendix 1. This rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. An environmental 

impact statement/assessment is not 

required. 

A categorical exclusion from NEPA 

documentation applies to this 

amendment of refuge-specific hunting 

and fishing regulations since it is 

technical and procedural in nature, and 

54158 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

the environmental effects are too broad, 

speculative, or conjectural to lend 

themselves to meaningful analysis (516 

DM 2, Appendix 1.10). 

Prior to the addition of a refuge to the 

list of areas open to hunting and fishing 

in 50 CFR part 32, we develop hunting 

and fishing plans for the affected 

refuges. We incorporate these proposed 

refuge hunting and fishing activities in 

the refuge CCPs and/or other step-down 

management plans, pursuant to our 

refuge planning guidance in 602 FW 1, 

3, and 4. We prepare these CCPs and 

step-down plans in compliance with 

section 102(2)(C) of NEPA, and the 

Council on Environmental Quality’s 

regulations for implementing NEPA in 

40 CFR parts 1500–1508. We invite the 

affected public to participate in the 

review, development, and 

implementation of these plans. 

Available Information for Specific 

Refuges 

Individual refuge headquarters retain 

information regarding public use 

programs and conditions that apply to 

their specific programs and maps of 

their respective areas. You may also 

obtain information from the regional 

offices at the addresses listed below: 

Region 1—California, Hawaii, Idaho, 

Nevada, 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, Oregon 

97232–4181; Telephone (503) 231–6214. 

California/Nevada Operations 

Office—Assistant Manager, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 2800 Cottage Way, 

Room W–2606, Sacramento, California 

95825; Telephone (916) 414–6464 

Stone Lakes National Wildlife Refuge; 

1624 Hood-Franklin Road, Elk Grove, 

California 95757–9774; Telephone (916) 

775–4421. 

Region 2—Arizona, New Mexico, 

Oklahoma, and Texas. Regional Chief, 

National Wildlife Refuge System, U.S. 

Fish and Wildlife Service, Box 1306, 

500 Gold Avenue, Albuquerque, New 

Mexico 87103; Telephone (505) 248–

7419. 

Region 3—Illinois, Indiana, Iowa, 

Michigan, Minnesota, Missouri, Ohio, 

and Wisconsin. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 1 Federal Drive, 

Federal Building, Fort Snelling, Twin 

Cities, Minnesota 55111; Telephone 

(612) 713–5401. 

Glacial Ridge National Wildlife 

Refuge, c/o Rydell National Wildlife 

Refuge, 17788 349th Street, SE., Erskine, 

Minnesota 56535; Telephone (218) 687–

2229. 

Region 4—Alabama, Arkansas, 

Florida, Georgia, Kentucky, Louisiana, 

Mississippi, North Carolina, Tennessee, 

South Carolina, Puerto Rico, and the 

Virgin Islands. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 1875 Century 

Boulevard, Atlanta, Georgia 30345; 

Telephone (404) 679–7166. 

Cahaba River National Wildlife 

Refuge; 291 Jimmy Parks Blvd., 

Anniston, Alabama 36205; Telephone 

(256) 848–7085. 

Region 5—Connecticut, Delaware, 

District of Columbia, Maine, Maryland, 

Massachusetts, New Hampshire, New 

Jersey, New York, Pennsylvania, Rhode 

Island, Vermont, Virginia, and West 

Virginia. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, 300 Westgate Center 

Drive, Hadley, Massachusetts 01035–

9589; Telephone (413) 253–8306. 

Assabet River National Wildlife 

Refuge, c/o Eastern Massachusetts 

National Wildlife Refuge Complex, 73 

Weir Hill Road, Sudbury, Massachusetts 

01776; Telephone (978) 443–4661. 

Silvio O. Conte National Wildlife 

Refuge, 52 Avenue A, Turners Falls, 

Massachusetts 01376; Telephone (413) 

863–0209. 

Stewart B. McKinney National 

Wildlife Refuge, P.O. Box 1030, 733 Old 

Clinton Road, Westbrook, Connecticut 

06498; Telephone (860) 399–2513. 

Region 6—Colorado, Kansas, 

Montana, Nebraska, North Dakota, 

South Dakota, Utah, and Wyoming. 

Regional Chief, National Wildlife Refuge 

System, U.S. Fish and Wildlife Service, 

134 Union Blvd., Lakewood, Colorado 

80228; Telephone (303) 236–8145. 

Region 7—Alaska. Regional Chief, 

National Wildlife Refuge System, U.S. 

Fish and Wildlife Service, 1011 E. 

Tudor Rd., Anchorage, Alaska 99503; 

Telephone (907) 786–3545. 

Primary Author 

The primary author of this rulemaking 

document is Leslie A. Marler, 

Management Analyst, Division of 

Conservation Planning and Policy, 

National Wildlife Refuge System, U.S. 

Fish and Wildlife Service, Arlington, 

Virginia 22203. 

List of Subjects 

50 CFR Part 32 

Fishing, Hunting, Reporting and 

recordkeeping requirements, Wildlife, 

Wildlife refuges. 

■ For the reasons set forth in the 

preamble, we amend Title 50, Chapter I, 

subchapter C of the Code of Federal 

Regulations as follows: 

PART 32—HUNTING AND FISHING 

■ 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. 

§ 32.7 [Amended] 

■ 2. Amend § 32.7 ‘‘What refuge units 

are open to hunting and/or sport 

fishing?’’ by: 

■ a. Adding the listing of Cahaba River 

National Wildlife Refuge in the State of 

Alabama; 

■ b. Adding the listings of Sacramento 

River and Stone Lakes National Wildlife 

Refuges in the State of California; 

■ c. Adding the listing of Stewart B. 

McKinney National Wildlife Refuge in 

the State of Connecticut; 

■ d. Adding the listing of Assabet River 

National Wildlife Refuge in the State of 

Massachusetts; 

■ e. Adding the listings of Big Stone 

Wetland Management District, Glacial 

Ridge National Wildlife Refuge, and 

Minnesota Valley Wetland Management 

in the State of Minnesota; 

■ f. Adding the listing of Silvio O. Conte 

National Wildlife Refuge in the State of 

New Hampshire; and 

■ g. Adding the listings of Arrowwood 

Wetland Management District, Audubon 

Wetland Management District, Chase 

Lake Wetland Management District, 

Crosby Wetland Management District, J. 

Clark Salyer Wetland Management 

District, Kulm Wetland Management 

District, Lostwood Wetland 

Management District, Long Lake 

Wetland Management District, 

Tewaukon Wetland Management 

District, and Valley City Wetland 

Management District in the State of 

North Dakota. 

■ 3. Amend § 32.20 Alabama by: 

■ a. Adding Cahaba River National 

Wildlife Refuge; and 

■ b. Revising the introductory text of 

paragraph C. and adding paragraph C.9. 

of Wheeler National Wildlife Refuge to 

read as follows: 

§ 32.20 Alabama. 

* * * * * 

Cahaba River National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

[Reserved] 

B. Upland Game Hunting. We allow 

hunting of quail, squirrel, rabbit, 

opossum, raccoon, coyote, and bobcat 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. You must possess and carry a 

signed hunt permit when hunting. 

2. We prohibit hunting within 100 

yards (90 m) of River Road. 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54159 

3. We prohibit ATVs, mules, and 

horses on the refuge. 

4. We allow the use of dogs to hunt 

upland game, but the dogs must be 

under the immediate control of the 

handler at all times and not allowed to 

run free (see § 26.21(b) of this chapter). 

5. We allow shotguns with #4 shot or 

smaller, rifles firing .22 caliber rimfire 

ammunition, or archery equipment. 

C. Big Game Hunting. We allow the 

hunting of white-tailed deer, feral hog, 

and wild turkey on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. You must possess and carry a 

signed hunt permit when hunting. 

2. We only allow the use of archery 

equipment during white-tailed deer 

season. 

3. We prohibit marking trees and the 

use of flagging tape, reflective tacks, and 

other similar marking devices. 

4. We prohibit damaging trees or 

hunting from a tree that contains an 

inserted metal object (see § 27.51 of this 

chapter). Hunters must remove stands 

from trees after each day’s hunt (see 

§§ 27.93 and 27.94 of this chapter). 

5. We require tree stand users to use 

a safety belt or harness. 

6. We prohibit the use of dogs for 

hunting or pursuit of big game. 

7. Conditions B2 and B3 apply. 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We prohibit the taking of frog or 

turtle (see § 27.21 of this chapter). 

2. Condition B3 applies. 

* * * * * 

Wheeler National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow the 

hunting of white-tailed deer and feral 

hog on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

9. You may only hunt feral hog during 

the refuge archery and flintlock deer 

season. 

* * * * * 

■ 4. Amend § 32.22 Arizona by: 

■ a. Revising paragraph B.1. of Bill 

Williams National Wildlife Refuge; 

■ b. Revising Havasu National Wildlife 

Refuge; 

■ c. Revising the introductory text of 

paragraphs A. and B., revising 

paragraphs B.2. through B.5., and 

revising paragraphs C. and D. of 

Imperial National Wildlife Refuge; 

■ d. Revising paragraph A., revising the 

introductory text of paragraph B., and 

revising paragraph B.1. of San 

Bernardino National Wildlife Refuge to 

read as follows: 

§ 32.22 Arizona. 

* * * * * 

Bill Williams National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A7 apply. 

* * * * * 

Havasu National Wildlife Refuge 

A. Hunting of Migratory Game Birds. 

We allow hunting of mourning and 

whitewinged dove, duck, coot, 

moorhen, goose, and common snipe on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We prohibit falconry. 

2. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

3. You may not hunt within 50 yards 

(45m) of any building or public road. 

4. We prohibit target shooting or the 

discharge of any weapon except to hunt. 

5. We prohibit possession of firearms 

except while hunting. 

6. We prohibit the construction or use 

of pits and permanent blinds (see 

§ 27.92 of this chapter). 

7. You must remove temporary blinds, 

boats, hunting equipment, and decoys 

from the refuge following each day’s 

hunt (see §§ 27.93 and 27.94 of this 

chapter). 

8. We prohibit retrieving game from 

closed areas. You may retrieve game 

from areas closed to hunting, but 

otherwise open to entry, as long as you 

possess no firearms or other means of 

take. 

9. Anyone hired to assist or guide 

hunter(s) must obtain, possess, and 

carry a valid Special Use Permit issued 

by the refuge manager. 

10. We prohibit hunting on those 

refuge lands within the Lake Havasu 

City limits. 

11. The following conditions apply 

only to Pintail Slough (all refuge lands 

north of North Dike): 

i. We require a fee for waterfowl 

hunting. You must possess proof of 

payment (refuge permit) while hunting. 

ii. Waterfowl hunters must hunt 

within 25 feet (7.5 m) of the numbered 

post of their assigned blind. 

iii. We limit the number of persons at 

each waterfowl hunt blind to three. 

Observers cannot hold shells or guns 

unless in possession of a valid State 

hunting license and stamps. 

iv. We limit the number of shells a 

waterfowl hunter may possess to 25. 

v. Waterfowl hunters must possess at 

least 12 decoys per blind. 

vi. You may use only dead vegetation 

or materials brought from off refuge for 

making or fixing hunt blinds. We 

prohibit the cutting, pulling, marking or 

removing vegetation (see § 27.51 of this 

chapter). 

vii. Waterfowl hunters must be at 

their blind at least 45 minutes before 

legal shoot time and not leave their 

blind until 10:00 am MST. 

viii. Waterfowl hunting ends at 12:00 

p.m. (noon) MST. Hunters must be out 

of the slough area by 1:00 p.m. MST. 

ix. We allow hunting in the juniorsonly waterfowl season. 

x. We allow dove hunting only during 

the September season. 

12. The following conditions apply to 

all waters of the lower Colorado River 

within the Havasu NWR: 

i. We close designated portions of 

Topock Marsh to all entry from October 

1 through the last day of the waterfowl 

hunt season (including the State junior 

waterfowl hunt). These areas are 

indicated in refuge brochures and 

identified by buoys and/or signs. 

ii. We prohibit hunting in the waters 

of the Colorado River and on those 

refuge lands within 1/4 mile (.4 km) of 

the waters of the Colorado River from 

and including Castle Rock Bay north to 

Interstate 40. 

iii. We allow hunting on refuge lands 

and waters south of Castle Rock Bay to 

the north boundary of the Lake Havasu 

City limits. 

B. Upland Game Hunting. We allow 

hunting of quail and cottontail rabbit on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A10, 

A11vi., and A12 apply. 

2. We prohibit the possession or use 

of rifles. 

3. We allow hunting of quail in Pintail 

Slough prior to and following the State 

waterfowl season (The State waterfowl 

season includes the State general 

waterfowl season, the days between the 

juniors-only waterfowl hunt and the 

general State waterfowl season, and the 

juniors-only waterfowl hunt.). 

4. We allow hunting of cottontail 

rabbit in Pintail Slough prior to and 

following the State waterfowl season 

(The State waterfowl season includes 

the State general waterfowl season, the 

days between the juniors-only 

waterfowl hunt and the general State 

waterfowl season, and the juniors-only 

waterfowl hunt.). 

C. Big Game Hunting. We allow 

hunting of bighorn sheep on those 

refuge lands in Arizona Wildlife 

Management Area 16B in accordance 

with State regulations subject to the 

following conditions: 

54160 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

1. Conditions A3 through A9 and 

A12ii apply. 

D. Sport Fishing. We allow fishing on 

designated areas of the refuge in 

accordance with State regulations 

(Colorado River specific regulations 

apply) subject to the following 

conditions: 

1. We prohibit the use of all air-thrust 

boats or air-cooled propulsion engines, 

including floating aircraft. 

2. We prohibit overnight boat mooring 

and shore anchoring unless actively 

fishing as defined by State regulations 

(see § 27.93 of this chapter). 

3. Anyone hired to assist or guide 

anglers must obtain, possess, and carry 

a valid Special Use Permit issued by the 

refuge manager. 

4. The following apply only on 

Topock Marsh: 

i. We close designated portions to all 

entry from October 1 through the last 

day of the waterfowl hunt season 

(including the State junior waterfowl 

hunt). 

ii. We close designated portions to all 

entry from April 1 through August 31. 

These areas are indicated in refuge 

brochures and identified by buoys and 

or signs. 

iii. We prohibit personal watercraft 

(PWC, as defined by State law). 

5. The following apply to all waters of 

the Colorado River within Havasu NWR 

from the south regulatory buoy line to 

the north regulatory buoy line at 

Interstate 40 (approximately 17 miles 

[27.2 km]). 

i. We prohibit personal watercraft 

(PWC, as defined by State law) as 

indicated by signs or regulatory buoys 

in all backwaters. 

ii. We limit watercraft speed as 

indicated by signs or regulatory buoys to 

no wake (as defined by State law) in all 

backwaters. 

iii. We prohibit water-skiing, tubing, 

wake boarding, or other recreationaltowed devices. 

6. The following apply to the 

Mesquite Bay areas of Lake Havasu. 

i. We prohibit entry of all watercraft 

(as defined by State law) in all three 

bays as indicated by signs or regulatory 

buoys. 

ii. The Mesquite Bays are Day Use 

Only areas and open from 1 hour before 

legal sunrise to 1 hour after legal sunset. 

Imperial National Wildlife Refuge 

A. Hunting of Migratory Game Birds. 

We allow hunting of mourning and 

white-winged dove, duck, coot, 

moorhen, goose, and common snipe on 

designated areas of the refuge subject to 

the following conditions: 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of quail, cottontail rabbit, 

coyote, and fox on designated areas of 

the refuge subject to the following 

conditions: 

* * * * * 

2. You may possess only approved 

nontoxic shot while hunting quail and 

cottontail rabbit (see § 32.2(k). 

3. We allow cottontail rabbit hunting 

from September 1 to the close of the 

State quail season. 

4. We require Special Use Permits for 

hunting coyote and fox. 

5. We allow coyote and fox hunting 

only during the State quail season. 

C. Big Game Hunting. We allow 

hunting of mule deer and desert bighorn 

sheep on designated areas of the refuge. 

D. Sport Fishing. We allow fishing 

and frogging for bullfrog on designated 

areas of the refuge subject to the 

following condition: We close posted 

portions of Martinez Lake and Ferguson 

Lake to entry from October 1 through 

the last day of February. 

* * * * * 

San Bernardino National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of mourning and whitewinged dove on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow only shotguns. 

2. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

B. Upland Game Hunting. We allow 

hunting of quail and cottontail rabbit on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 and A2 apply. 

* * * * * 

■ 5. Amend § 32.23 Arkansas by: 

■ a. Revising paragraphs A.10., A.13., 

and adding paragraph A.21., revising 

paragraph B.1., revising paragraph C.1., 

adding paragraph C.15., and revising 

paragraph D.4. of Felsenthal National 

Wildlife Refuge; 

■ b. Adding paragraphs B.11. and B.12., 

revising paragraph C.1., C.4., and D.1. of 

Holla Bend National Wildlife Refuge; 

■ c. Revising paragraphs A.10., A.13., 

and adding paragraph A.20., revising 

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

paragraph C.11. of Overflow National 

Wildlife Refuge; and 

■ d. Revising paragraphs A.8. and A.11., 

adding paragraph A.19., revising 

paragraphs B.3. and C.2., adding 

paragraph C.16., and revising paragraph 

D.3. of Pond Creek National Wildlife 

Refuge to read as follows: 

§ 32.23 Arkansas. 

* * * * * 

Felsenthal National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

10. We prohibit possession or use of 

alcoholic beverage(s) while hunting (see 

§ 32.2(j)). We prohibit consumption or 

possession of opened container(s) of 

alcoholic beverage(s) in parking lots, on 

roadways, and in plain view in 

campgrounds. 

* * * * * 

13. We only allow ATVs for wildlifedependent activities such as hunting 

and fishing. We restrict ATVs to 

designated times and designated trails 

(see § 27.31 of this chapter) marked with 

signs and paint. We identify these trails 

and the dates they are open for use in 

the refuge hunt brochure. We limit 

ATVs to those having an engine 

displacement size not exceeding 700cc. 

We limit ATV tires to those having a 

centerline lug depth not exceeding 1 

inch (2.5 cm). You may use horses on 

roads and ATV trails (when open to 

motor vehicle and ATV traffic 

respectively) as a mode of transportation 

for on-refuge, wildlife-dependent 

activities. 

* * * * * 

21. We prohibit the use or possession 

of any electronic call or other electronic 

device used for producing or projecting 

vocal sounds of any wildlife species. 

B. Upland Game Hunting. * * * 

1. Conditions A4 through A18, A20, 

and A21 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A6, A8 through A11, 

A13 through A18, A20, and A21 apply. 

* * * * * 

15. We prohibit the use of deer 

decoy(s). 

D. Sport Fishing. * * * 

* * * * * 

4. We prohibit consumption or 

possession of opened container(s) of 

alcoholic beverage(s) in parking lots, on 

roadways, and in plain view in 

campgrounds (see § 32.2(j)). 

Holla Bend National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

11. Hunters must enter and exit the 

refuge from designated roads and 

parking areas. 

12. We prohibit hunting within 150 

feet (45 m) of roads and trails open to 

public use. 

C. Big Game Hunting. * * * 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54161 

1. Conditions B1 and B4 through B12 

apply. 

* * * * * 

4. The firearms spring youth hunt for 

turkey is the same as the State. We 

restrict hunting to youths under age 16. 

One adult age 18 or older must 

accompany one youth hunter. We must 

receive applications for hunts by the last 

day of January. 

* * * * * 

D. Sport Fishing. * * * 

1. Conditions B6, B7, B8, and B10 

apply. 

* * * * * 

Overflow National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

10. We prohibit possession or use of 

alcoholic beverage(s) while hunting (see 

§ 32.2(j)). We prohibit consumption or 

possession of opened container(s) of 

alcoholic beverage(s) in parking areas 

and on roadways. 

* * * * * 

13. We only allow ATVs for wildlifedependent activities such as hunting 

and fishing. We restrict ATVs to 

designated times and designated trails 

(see § 27.31 of this chapter) marked with 

signs and paint. We identify those trails 

and the dates they are open for use in 

the refuge hunt brochure. We limit 

ATVs to those having an engine 

displacement size not exceeding 700cc. 

We limit ATV tires to those having a 

centerline lug depth not exceeding 1 

inch (2.5 cm). You may use horses on 

roads and ATV trails (when open to 

motor vehicle and ATV traffic 

respectively) as a mode of transportation 

for on-refuge, wildlife-dependent 

activities. You may use ATVs on 

unmarked roads and levees in the North 

Sanctuary beginning 2 days prior to the 

opening of deer archery season through 

October 31. 

* * * * * 

20. We prohibit the use or possession 

of any electronic call or other electronic 

device used for producing or projecting 

vocal sounds of any wildlife species. 

B. Upland Game Hunting. * * * 

1. Conditions A4 through A17, A19, 

and A20 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A5 through A11, A13 

through A17, A19, and A20 apply. 

* * * * * 

11. We prohibit the use of deer 

decoy(s). 

* * * * * 

Pond Creek National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

8. We prohibit possession or use of 

alcoholic beverage(s) while hunting (see 

§ 32.2(j)). We prohibit consumption or 

possession of opened container(s) of 

alcoholic beverage(s) in parking lots, on 

roadways, and in plain view in 

campgrounds. 

* * * * * 

11. We only allow ATVs for wildlifedependent activities such as hunting 

and fishing. We restrict ATVs to 

designated times and designated trails 

(see § 27.31 of this chapter) marked with 

signs and paint. We identify those trails 

and the dates they are open for use in 

the refuge hunt brochure. We limit 

ATVs to those having an engine 

displacement size not exceeding 700cc. 

We limit ATV tires to those having a 

centerline lug depth not exceeding 1 

inch (2.5 cm). You may use horses on 

roads and ATV trails (when open to 

motor vehicle and ATV traffic 

respectively) as a mode of transportation 

for on-refuge, wildlife-dependent 

activities. 

* * * * * 

19. We prohibit the use or possession 

of any electronic call or other electronic 

device used for producing or projecting 

vocal sounds of any wildlife species. 

B. Upland Game Hunting. * * * 

* * * * * 

3. Conditions A4 through A16, A18, 

and A19 apply. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. Conditions A4, A5 (for archery deer 

and muzzleloader deer hunts and spring 

turkey hunts), A6 through A9, A11 

through A16, A18, and A19 apply. 

* * * * * 

16. We prohibit the use of deer 

decoy(s) 

D. Sport Fishing. * * * 

* * * * * 

3. We prohibit consumption or 

possession of opened container(s) of 

alcoholic beverage(s) in parking lots, on 

roadways, and in plain view in 

campgrounds (see § 32.2(j)). 

* * * * * 

■ 6. Amend § 32.24 California by: 

■ a. Revising paragraphs A.2. through 

A.9. and adding paragraph A.10. of Don 

Edwards San Francisco Bay National 

Wildlife Refuge; 

■ b. Revising Sacramento River National 

Wildlife Refuge; and 

■ c. Alphabetically adding Stone Lakes 

National Wildlife Refuge to read as 

follows: 

§ 32.24 California. 

* * * * * 

Don Edwards San Francisco Bay 

National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. We allow hunting in the 17 salt 

evaporation ponds listed below. These 

ponds are surrounded by levees and 

were formerly part of the San Francisco 

Bay. We have not opened any other 

ponds. 

i. Ponds R1 and R2 in the 

Ravenswood Unit. These ponds are 

located on the west side of the 

Dumbarton Bridge between Ravenswood 

Slough and Highway 84. You may 

access these ponds only by foot or 

bicycle from either of two trailheads off 

Highway 84. We prohibit hunting 

within 300 feet (90 m) of Highway 84. 

These ponds will be open 7 days a 

week. 

ii. Ponds M1, M2, M3, M4, M5, M6, 

and A19 in the Mowry Slough Unit. 

These ponds are located on the east side 

of the Bay between Mowry Slough and 

Coyote Creek. You may only access 

these ponds by boat. You may land your 

boat at specific points on the Bay side 

of the levee as designated by refuge 

signs. You may pull your boat across the 

levee from the Bay. We prohibit hunting 

within 300 feet (90 m) of the Union 

Pacific Railroad track. These ponds will 

be open 7 days a week. 

iii. Ponds AB1, A2E, AB2, A3N, and 

A3W in the Alviso Unit. These ponds 

are located on the west side of the Bay 

between Stevens Creek and Guadalupe 

Slough. You must obtain a refuge 

Special Use Permit to hunt these ponds. 

Access to Ponds AB1 and A2E will be 

from the Crittenden Lane Trailhead in 

Mountain View. Access to Ponds A3W 

will be from the Carl Road Trailhead in 

Sunnyvale. Access to Ponds A3N and 

AB2 is by boat from the other ponds. We 

allow hunting only from existing 

hunting blinds. We allow hunting only 

on Wednesdays, Saturdays, and 

Sundays on these ponds. 

iv. Ponds A5, A7, and A8N in the 

Alviso Unit. These ponds are located on 

the south end of the Bay between 

Guadalupe Slough and Alviso Slough. 

You must obtain a refuge Special Use 

Permit to hunt these ponds. Access is 

via walking and bicycling from the Gold 

Street gate in Alviso. We allow hunting 

from existing hunting blinds and by 

walking pond levees. We allow hunting 

only on Wednesdays, Saturdays, and 

Sundays on these ponds. 

3. During the 2 weekends before the 

opening of the hunt season, you may 

54162 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

bring a boat into Ponds AB1, A2E, AB2, 

A3N, A3W, A5, A7, and A8N and moor 

it at a designated site only if authorized 

by a valid refuge Special Use Permit. 

These boats will be used to access the 

hunting blinds and will stay in the pond 

during the hunt season. You must 

remove your boat within 2 weeks 

following the close of the hunt season. 

We allow nonmotorized boats and 

motorized boats powered by electric or 

4-stroke gasoline motors only. 

4. You may maintain an existing blind 

in the ponds open to hunting if you 

have a valid refuge Special Use Permit, 

but the blind will be open for general 

use on a first-come, first-served basis. 

We prohibit pit blinds or digging into 

the levees (see § 27.92 of this chapter). 

5. You must remove all decoys and 

other personal property (except personal 

boats authorized by a refuge Special Use 

Permit) from the refuge by legal sunset. 

You must remove all trash, including 

shotshell hulls, when leaving hunting 

areas (see §§ 27.93 and 27.94 of this 

chapter). 

6. Hunters may enter closed areas of 

the refuge to retrieve downed birds, 

provided they leave all weapons in a 

legal hunting area. We encourage the 

use of retriever dogs. You must keep 

your dog(s) under immediate control of 

the handler at all times (see § 26.21(b) 

of this chapter). Dogs must remain 

inside a vehicle or be on a leash until 

they are on the ponds or on the levees 

(Ponds R1, 2, A5, 7, and 8N only) as a 

part of the hunt. 

7. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

8. You must keep firearms unloaded 

(see § 27.42(b) of this chapter) until you 

are within the designated hunt area. 

9. We prohibit target practice on the 

refuge or any nonhunting discharge of 

firearms (see § 27.42 of this chapter). 

10. At the Ravenswood Unit only, we 

only allow portable blinds or 

construction of temporary blinds of 

natural materials that readily 

decompose. We prohibit collection of 

these natural materials from the refuge 

(see § 27.51 of this chapter). You must 

remove portable blinds (see §§ 27.93 

and 27.94 of this chapter) by legal 

sunset. Temporary blinds become 

available for general use on a first-come, 

first-served basis on subsequent days. 

We prohibit permanent blinds, pit 

blinds, or digging into the levees (see 

§ 27.92 of this chapter). We prohibit 

entry into closed areas of the refuge 

prior to the hunt season in order to 

scout for hunting sites or to build 

blinds. 

* * * * * 

Sacramento River National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, coot, 

moorhen, dove, and snipe on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We only allow shotgun hunting. 

2. You must unload firearms (see 

§ 27.42(b) of this chapter) before 

transporting them between parking 

areas and hunting areas. ‘‘Unloaded’’

means that no ammunition is in the 

chamber or magazine of the firearm. 

3. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

4. We prohibit hunting within 50 feet 

(15 m) of any landward boundary 

adjacent to private property. 

5. We prohibit hunting within 150 

yards (45 m) of any occupied dwelling, 

house, residence, or other building or 

any barn or other outbuilding used in 

connection therewith. 

6. Access to the hunt area is by foot 

traffic or boat only. We prohibit bicycles 

or other conveyances. Mobilityimpaired hunters should consult with 

the refuge manager for allowed 

conveyances. 

7. We prohibit fires on the refuge, 

except we allow portable gas stoves on 

gravel bars (see § 27.95(a) of this 

chapter). 

8. We allow camping on gravel bars 

up to 7 days during any 30-day period. 

We prohibit camping on all other refuge 

lands. 

9. We open the refuge for day-use 

access from 1 hour before legal sunrise 

until 1 hour after legal sunset. We allow 

access during other hours on gravel bars 

only (see condition A8). 

10. We require dogs to be kept on a 

leash, except for hunting dogs engaged 

in authorized hunting activities, and 

under the immediate control of a 

licensed hunter (see § 26.21(b) of this 

chapter). 

11. We prohibit permanent blinds. 

You must remove all personal property, 

including decoys and boats, by one hour 

after legal sunset (see §§ 27.93 and 27.94 

of this chapter). 

12. We prohibit cutting or removal of 

vegetation for blind construction or for 

making trails (see § 27.51 of this 

chapter). 

B. Upland Game Hunting. We allow 

hunting of pheasant, turkey, and quail 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We only allow shotgun and archery 

hunting. 

2. Conditions A3 through A10 and 

A12 apply. 

C. Big Game Hunting. We allow 

hunting of black-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A4, A5, A7, A8, A9, 

A12, and B1 apply. 

2. We prohibit construction or use of 

permanent blinds, platforms ladders or 

screw-in foot pegs. 

3. You must remove all personal 

property, including stands, from the 

refuge by one hour after legal sunset (see 

§§ 27.93 and 27.94 of this chapter). 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. Conditions A7, A8, A9, and A12 

apply. 

2. On Packer Lake, due to primitive 

access, we only allow boats up to 14 feet 

(4.2 m) and canoes. 

* * * * * 

Stone Lakes National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, coot, and 

moorhen on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow hunting on Sun River 

Unit only on Wednesdays and 

Saturdays from 1⁄2 hour before legal 

sunrise until 12 p.m. (noon). 

2. We will select hunters through a 

random drawing process conducted at 

the refuge. Hunters should bring a copy 

of their refuge notification on the day of 

their hunt. Hunters should contact the 

refuge manager for additional 

information. 

3. We require adults, age 18 or older, 

to accompany hunters under age 16. 

4. We prohibit bicycles or other 

conveyances. Mobility-impaired hunters 

should contact the refuge manager 

regarding allowed conveyances. 

5. You must unload firearms (see 

§ 27.42(b) of this chapter) before 

transporting them between parking 

areas and spaced-blind areas. 

‘‘Unloaded’’ means that no ammunition 

is in the chamber or magazine of the 

firearm. 

6. We restrict hunters to their 

assigned spaced-blind except when they 

are placing or retrieving decoys, 

traveling to and from the parking area, 

retrieving downed birds, or when 

shooting to retrieve cripples. 

7. You may only possess approved 

nontoxic shot while in the field (see 

§ 32.2(k)) in quantities of 25 or less. 

8. We prohibit fires on the refuge (see 

§ 27.95(a) of this chapter). 

9. We allow vehicles to stop only at 

designated parking areas. We prohibit 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54163 

dropping of passengers or equipment or 

stopping between designated parking 

areas. 

10. We allow only nonmotorized 

boats to access water blinds. 

11. You must remove all decoys, 

personal equipment, shotshell hulls, 

and refuse from the refuge by 12:30 p.m. 

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

12. Junior hunters must possess a 

valid Junior Hunting License. 

13. We allow the use of hunting dogs 

for retrieving birds, provided the dogs 

remain under the immediate control of 

the hunter at all times (see § 26.21(b) of 

this chapter). 

B. Upland Game Hunting. [Reserved] 

C. Big Game Hunting. [Reserved] 

D. Sport Fishing. [Reserved] 

■ 7. Amend § 32.25 Colorado by 

revising paragraph D. of Rocky 

Mountain Arsenal to read as follows: 

§ 32.25 Colorado. 

* * * * * 

Rocky Mountain Arsenal 

* * * * * 

D. Sport Fishing. We allow fishing at 

designated times and on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We require a valid State fishing 

license and valid refuge fishing permit 

for all anglers age 16 and older. You 

must obtain and display a daily refuge 

fishing badge while fishing. 

2. We only allow the use of rod and 

reel with one hook or lure per line. 

3. We only allow catch and release 

fishing. 

4. We only allow barbless hooks. 

5. We only allow artificial flies or 

lures. 

6. We prohibit the use of live bait. 

■ 8. Amend § 32.26 Connecticut by 

adding an introductory paragraph and 

adding Stewart B. McKinney National 

Wildlife Refuge to read as follows: 

§ 32.26 Connecticut. 

The following refuge units have been 

opened for hunting and/or fishing and 

are listed in alphabetical order with 

applicable refuge-specific regulations. 

Stewart B. McKinney National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, coot, and goose 

on designated areas of the Great 

Meadows Unit in Stratford, Connecticut 

in accordance with State regulations 

subject to the following conditions: 

1. We require hunters to obtain an 

annual Special Use Permit in advance 

for permission to hunt in the designated 

hunting area. Consult the refuge 

manager for details on how and when to 

apply for a Special Use Permit. 

2. Any person entering, using, or 

occupying the refuge for hunting must 

abide by all the terms and conditions of 

the Special Use Permit. 

3. You must have all applicable 

hunting licenses, permits, stamps, and a 

photographic identification in your 

possession while hunting on the refuge. 

4. We will limit hunt days to 

Tuesdays, Wednesdays, and Saturdays 

during the waterfowl hunting season as 

established by the State. 

5. We only allow shotguns. 

6. You must keep firearms unloaded 

until you are within the designated 

hunting area (see § 27.42(b) of this 

chapter). 

7. Access to the hunt area is by foot 

or boat in designated areas only. 

Mobility-impaired hunters should 

consult with the refuge manager for 

allowed conveyances. 

8. You may possess no more than 25 

approved nontoxic shot per day while 

in the field (see § 32.2(k)). 

9. This is a waterfowl hunt only. We 

allow no more than two dogs per 

waterfowl hunting party. We prohibit 

dog training on the refuge. 

10. During State-established youth 

days, licensed junior hunters may hunt 

in the designated hunting area when 

accompanied by a licensed adult hunter 

age 18 or older. Adults must possess a 

valid hunting license; however, we 

prohibit them carrying a firearm. 

11. We prohibit the use of air-thrust 

and inboard water-thrust boats such as, 

but not limited to, hovercrafts, airboats, 

jet skis, watercycles, and waterbikes on 

all waters within the refuge boundaries. 

12. We prohibit hunters launching 

any boats on the refuge that they cannot 

portage by hand. A dock and a boat 

ramp are not available on the refuge. 

13. We prohibit pit or permanent 

blinds. 

14. You must remove all temporary 

blinds, boats, decoys, and all other 

personal property from the refuge each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

B. Upland Game Hunting. [Reserved] 

C. Big Game Hunting. [Reserved] 

D. Sport Fishing. [Reserved] 

■ 9. Amend § 32.28 Florida by: 

■ a. Revising paragraph D. of Cedar 

Keys National Wildlife Refuge; 

■ b. Revising paragraph D. of J. N. 

‘‘Ding’’ Darling National Wildlife 

Refuge; 

■ c. Revising paragraphs C. and D. of 

Lake Woodruff National Wildlife 

Refuge; 

■ d. Revising Lower Suwannee National 

Wildlife Refuge; 

■ e. Revising paragraphs A.2. through 

A.5., the introductory text of paragraph 

D., D.1., D.3., D.4., D.6., D.11., and 

adding paragraph D.12. of Merritt Island 

National Wildlife Refuge; 

■ f. Revising paragraph C.1., C.5., C.9. 

through C.12, and adding paragraph 

C.13. of St. Marks National Wildlife 

Refuge; and 

■ g. Revising paragraph C.2. of St. 

Vincent National Wildlife Refuge to 

read as follows: 

§ 32.28 Florida. 

* * * * * 

Cedar Keys National Wildlife Refuge 

* * * * * 

D. Sport Fishing. We allow salt water 

sport fishing year-round in accordance 

with State regulations subject to the 

following condition: We will close a 300 

foot (90 m) buffer zone beginning at 

mean high tide line and extending into 

the waters around Seahorse Key to all 

public entry from March 1 through June 

30. 

* * * * * 

J. N. ‘‘Ding’’ Darling National Wildlife 

Refuge 

* * * * * 

D. Sport Fishing. We allow fishing 

and crabbing on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit fishing and crabbing in 

all waters of the Bailey Tract except for 

Smith Pond and Airplane Canal. 

2. We allow fishing and crabbing in 

all other refuge waters except in areas 

designated as ‘‘closed to public entry’’. 

3. We prohibit the taking of horseshoe 

crabs, stone crabs, or spider crabs. 

4. We prohibit the taking of blue crabs 

for commercial purposes. 

5. We allow the recreational take of 

blue crabs within 150 feet (45 m) of the 

Wildlife Drive only with the use of dip 

nets. 

6. Beyond 150 feet (45 m) of the 

Wildlife Drive we allow recreational 

take of blue crabs with baited lines and 

traps only if such devices are 

continuously attended/monitored and 

removed at the end of each day. 

‘‘Attended/monitored’’ means that all 

devices used in the capture of blue crabs 

must be within the immediate view of 

the sport crabber. 

7. The daily limit of blue crabs is 20 

per person, of which no more than 10 

shall be females. 

8. We prohibit the use of cast nets 

within 150 feet (45 m) of a water-control 

structure on the Wildlife Drive. 

9. We prohibit the use of personal 

watercraft, air-thrust boats, and 

hovercraft. 

54164 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

10. We prohibit kite-surfing or kiteboarding, wind-surfing or sail-boarding, 

or any similar type of activities. 

11. We prohibit vessels exceeding the 

slow speed/minimum wake in refuge 

waters. 

12. We only allow vessels propelled 

by polling, paddling, or floating in the 

posted ‘‘no-motor zone’’ of the Ding 

Darling Wilderness Area. All motors, 

including electric motors, must be in a 

nonuse position (out of the water) when 

in the ‘‘no-motor zone’’. 

13. We prohibit camping on all refuge 

lands and overnight mooring of vessels 

on all refuge waters. 

14. You may only launch vessels at 

designated sites on the refuge. 

Lake Woodruff National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and feral 

hog on designated areas of the refuge in 

accordance with State regulations 

subject to the following condition: We 

require refuge permits. 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We only allow fishing from legal 

sunrise to legal sunset. 

2. We prohibit the use of airboats on 

the refuge. 

3. We prohibit commercial fishing or 

the taking of frogs or turtles (see § 27.21 

of this chapter). 

4. We prohibit the use of snatch hooks 

in the refuge impoundments. 

5. When boating, you must slow down 

and observe all manatee speed zones 

and caution areas. 

Lower Suwannee National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck and coot on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require hunters to possess and 

carry signed refuge hunt permits for all 

hunts. 

2. We designated open and closed 

refuge hunting areas on the map in the 

refuge hunt permit that the hunter must 

possess and carry. 

3. You must park vehicles in a 

manner that does not block roads or 

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

4. We prohibit the use of ATVs (see 

§ 27.31(f) of this chapter). 

5. We prohibit horses. 

6. We prohibit possession of a loaded 

firearm or bow and arrow (see § 27.42(b) 

of this chapter) while on a refuge road 

right-of-way designated for motorized 

vehicle travel or in any vehicle or boat. 

We define ‘‘loaded’’ as shells in the 

chamber or magazine or percussion cap 

on a muzzleloader, or arrow notched in 

a bow. 

7. We prohibit hunting from refuge 

roads open to public vehicle travel. 

8. We prohibit construction of 

permanent blinds or stands. 

9. In addition to State hunter 

education requirements, an adult 

(parent or guardian) age 21 or older 

must supervise and must remain within 

sight of and in normal voice contact of 

the youth hunter age 15 and under. 

Parents or adult guardians are 

responsible for ensuring that hunters 

under age 16 do not engage in conduct 

that would constitute a violation of the 

refuge regulations. An adult may 

supervise no more than two youths. 

10. We prohibit all commercial 

activities, including guiding or 

participating in a guided hunt. 

11. We prohibit target practice or any 

nonhunting discharge of firearms (see 

§ 27.42 of this chapter). 

12. We prohibit marking any tree, or 

other refuge feature, with flagging, litter, 

paint, or blaze. 

13. We allow marking trails with 

reflective markers, but you must remove 

the markers (see §§ 27.93 and 27.94 of 

this chapter) at the end of the refuge 

deer hunting season. 

14. Hunters utilizing the refuge are 

subject to inspection of licenses, 

permits, hunting equipment, bag limits, 

vehicles, and their contents during 

compliance checks by refuge or State 

law enforcement officer. 

15. Hunters must be at their vehicles 

by 1 hour after legal shooting time. 

B. Upland Game Hunting. We allow 

hunting of gray squirrel, armadillo, 

opossum, rabbit, raccoon, coyote, and 

beaver on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A15 apply. 

2. The refuge upland game hunting 

season opens on the Monday after the 

refuge limited hog hunt closes and ends 

on February 28. 

3. You may only possess .22 caliber 

rimfire rifle (but not .22 magnum) 

firearms (see § 27.42 of this chapter) or 

shotguns with shot no larger than #4 

common or bows with arrows that have 

judo or blunt tips. We prohibit 

possession of arrows capable of taking 

big game during the upland game 

hunting season. 

4. We allow night hunting in 

accordance with State regulations for 

raccoon and opossum on Wednesday 

through Saturday nights from legal 

sunset until legal sunrise during the 

month of February. 

C. Big Game Hunting. We allow 

hunting of big game on designated areas 

of the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1 through A15 apply. 

2. We prohibit the use of hunting and 

tracking dogs for all deer and hog hunts. 

3. We require quota hunt permits 

(issued through a random draw) for the 

limited deer gun hunt, limited hog hunt, 

and limited youth gun deer hunt. They 

cost $12.50. 

4. Quota hunt permits are 

nontransferable. 

5. Hunters may only use archery 

equipment in accordance with State 

archery regulations during the refuge 

archery season. 

6. Hunters may only use 

muzzleloading firearms (see § 27.42 of 

this chapter) in accordance with State 

muzzleloader regulations during the 

refuge muzzleloader season. 

7. We prohibit hunting from a tree in 

which a metal object has been driven 

(see § 32.2(i)). 

8. You may leave temporary tree 

stands on the refuge starting on the last 

weekend of August, but you must 

remove them by the last day of the 

general gun hunting season (see § 27.93 

of this chapter). 

9. All hunters (including all persons 

accompanying hunters) must wear a 

minimum of 500 square inches (3,250 

cm 2) of fluorescent orange visible above 

the waistline while hunting during all 

refuge deer gun hunts. 

10. We prohibit the use of organized 

drives for taking or attempting to take 

game. 

11. The refuge general gun season 

begins on the opening Saturday of the 

Florida State Central Management Zone, 

General Gun season and ends on the 

following Friday. It reopens on the 

Monday after the refuge limited deer 

season and ends on the following 

Sunday. The refuge general gun season 

lasts 14 days. 

12. The refuge limited either-sex deer 

hunt is on the second Saturday and 

Sunday of the State Central 

Management Zone General Gun season. 

This coincides with the opening of the 

State’s either-sex hunt deer hunting 

season. 

13. The youth limited Gun Deer Hunt 

is the Saturday and Sunday following 

the close of the refuge general gun 

season. 

14. The refuge limited hog hunt 

begins on the first Monday after the 

Florida State Central Management Zone 

General Gun (antlered deer and wild 

hog) season closes, and ends on the 

following Sunday. 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54165 

15. During the limited youth hunt, an 

adult age 21 or older must accompany 

the youth, age 15 and under, but only 

the youth hunter may hunt and handle 

the firearm. 

16. We confine the limited youth hunt 

to the Levy County portion of the refuge, 

and hunters must access the refuge from 

Levy County Road 347. 

17. We allow hunting of deer (except 

spotted fawns), feral hog (no size or bag 

limit), gray squirrel, rabbit, armadillo, 

opossum, raccoon, beaver, and coyote 

during the archery season. 

18. Hunters may take deer, with one 

or more antlers at least 5 inches (12.5 

cm) in length visible above the hairline, 

and feral hog (no bag or size limit) 

during the muzzleloader and generalgun season. 

19. Hunters may take hog (no size or 

bag limit), and a maximum of two deer 

per day, during the limited deer gun 

hunt and limited youth gun deer hunt, 

except only one deer may be a buck for 

each of the 2-day limited hunts. 

20. Hunters may take hog (no size or 

bag limit) during the limited hog hunt. 

21. We prohibit all other public entry 

or use of the hunting area during the 

limited hog, limited gun, and limited 

youth deer hunts. During the limited 

gun hunt and limited hog hunt, the 

Dixie Mainline road will remain open to 

all public vehicles, but we prohibit 

firearms except for permit holders. 

22. Hunters must check all game 

harvested during all deer and hog hunts. 

23. You may only take turkey during 

the State spring turkey hunting season. 

24. You may only take bearded 

turkeys during the spring turkey hunt. 

25. Shooting hours for spring turkey 

begin 1⁄2 hour before legal sunrise and 

end at 1 p.m. 

26. We only allow shotguns with shot 

no larger than size 2 common shot or 

bows and arrows for spring turkey 

hunting. 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. Anglers may take game and 

nongame fish only with pole and line or 

rod and reel. 

2. We prohibit taking of frogs and 

turtles (see § 27.21 of this chapter). 

3. We prohibit leaving boats on the 

refuge overnight (see § 27.93 of this 

chapter). 

4. We prohibit consumption of 

alcohol or possession of open alcohol 

containers in the public use areas of 

Shired Island boat launch/fishing and 

parking lot area and the Shell Mound 

fishing/recreational area (see § 32.2(j)). 

Merritt Island National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. You must possess and carry a 

refuge waterfowl hunting quota permit 

while hunting areas 1 or 4, from the 

beginning of the regular waterfowl 

season through December 31. 

3. You may hunt Wednesdays, 

Saturdays, Sundays, and all Federal 

holidays that fall within the State’s 

waterfowl season. 

4. You may hunt in four designated 

areas of the refuge as delineated in the 

refuge hunting regulations map. We 

prohibit hunters entering the normal or 

expanded restricted areas of the 

Kennedy Space Center. 

5. You may only hunt on refugeestablished hunt days from legal 

shooting time until 1 p.m. 

* * * * * 

D. Sport Fishing. We allow you to 

fish, crab, clam, oyster, and shrimp in 

designated areas of the refuge as 

delineated in the refuge fishing 

regulations map in accordance with 

State regulations subject to the 

following conditions: 

1. You must possess and carry a 

current, signed refuge fishing permit at 

all times while fishing on the refuge. 

* * * * * 

3. We allow launching of boats at 

night only from Bair’s Cove, Beacon 42, 

and Bio Lab boat ramps. 

4. We prohibit crabbing or fishing, 

and access for the purpose of crabbing 

or fishing, from Black Point Wildlife 

Drive or any side road connected to 

Black Point Wildlife Drive except L 

Pond Road. 

* * * * * 

6. Anglers and crabbers must attend 

their lines at all times. 

* * * * * 

11. We prohibit fishing within the 

normal or expanded restricted areas of 

the Kennedy Space Center. 

12. We prohibit the use of internal 

combustion engines within the two 

zones in Mosquito Lagoon. The zones 

include the posted waters located north 

of WSEG Boat Ramp and west of the 

Intra Coastal Waterway and the posted 

waters on Tiger Shoals extending from 

the northeast refuge boundary 

southward to the waters just south of 

Preachers Island. 

* * * * * 

St. Marks National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

1. We require refuge permits issued by 

lottery. Lottery applications are 

available at the refuge office each year 

beginning in July. There is a fee for 

permits. Permits are nontransferable. 

There is an additional fee for duplicate 

permits. Each hunter must possess and 

carry a signed permit when 

participating in a hunt. Prior to hunting 

each day, you must check-in at a hunt 

check station as specified in the refuge 

hunt brochure. You must check out 

upon completion of hunting each day. 

* * * * * 

5. There is a two-deer limit per hunt 

as specified in C8 and C9 below, except 

in the youth hunt, where the limit is one 

deer per hunt as specified in C11 below. 

The limit for bearded turkey is one per 

hunt. There is no limit on feral hog. 

* * * * * 

9. There is a winter archery/ 

muzzleloader hunt. Hunters may 

harvest doe deer, antlerless deer, 

bearded turkey, or feral hog. We define 

‘‘antlerless deer’’ as deer with antlers 

less than 1 inch (2.5 cm) above the 

hairline and ‘‘antlered deer’’ as deer 

with antlers at least 1 inch (2.5 cm) 

above the hairline. If the first deer you 

harvest is an antlerless male, you may 

harvest another doe or antlerless deer as 

your second deer. If the first deer you 

harvest is a doe, you may bring it to the 

check station, and we will give you a 

permit to harvest an antlered deer. With 

the antlered deer permit, you may 

harvest any deer as your second deer. 

Archery equipment and muzzleloaders 

must meet the requirements set by the 

State. We prohibit other weapons in the 

hunt area (see § 27.43 of this chapter). 

Contact the refuge office for specific 

dates. 

10. There are two modern gun hunts. 

Modern guns must meet State 

requirements. We will hold one hunt on 

the Panacea Unit and one on the 

Wakulla Unit. You may harvest deer as 

described in C9 above. You may also 

harvest one bearded turkey or feral hog 

(no limit). Contact the refuge office for 

specific dates. 

11. There is one youth hunt, for 

youths ages 10 to 15, on the St. Marks 

Unit in an area to be specified in the 

refuge hunt brochure. Hunters may 

harvest one deer of either sex or feral 

hog (no limit). An adult, age 21 or older, 

must accompany each youth hunter, 

and each adult may accompany only 

one youth. The adult must possess a 

refuge permit. Only the youth hunter 

may handle or discharge firearms. 

Contact the refuge office for specific 

dates. 

12. There is one mobility-impaired 

hunt on the Panacea Unit in the area 

west of County Road 372. Hunters may 

harvest doe deer, antlerless deer, 

54166 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

bearded turkey, or feral hog. See 

definition for ‘‘antlerless deer’’ in C9 

above. We will give each hunter that 

harvests a doe deer a permit to harvest 

an antlered deer, as described in C9 

above. Hunters may have an able-bodied 

hunter accompany them. You may 

transfer permits issued to able-bodied 

assistants. We limit those hunt teams to 

two deer per hunt. Contact the refuge 

office for specific dates. 

13. There is one spring gobbler hunt. 

You may harvest one bearded turkey per 

hunt. You may only use shotguns to 

harvest turkey. Contact the refuge officer 

for specific dates. You must unload and 

dismantle or case weapons (see 

§ 27.42(b) of this chapter) after 1 p.m. 

* * * * * 

St. Vincent National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. We restrict hunting to three hunt 

periods: Sambar deer, raccoon, and feral 

hog—November 17–19; and white-tailed 

deer, raccoon, and feral hog—December 

15–17 and January 5–7. Hunters may 

check-in and set up camp sites and 

stands on November 16, December 14, 

and January 4. Hunters must leave the 

island and remove all equipment by 11 

a.m. on November 20, December 18, and 

January 8. 

* * * * * 

■ 10. Amend § 32.29 Georgia by: 

■ a. Revising paragraph D. of Banks 

Lake National Wildlife Refuge; 

■ b. Adding paragraphs C.18. and C.19. 

of Blackbeard Island National Wildlife 

Refuge; 

■ c. Adding paragraph C.18. and C.19. 

of Harris Neck National Wildlife Refuge; 

■ d. Revising paragraphs B.9., D.1., and 

D.4. of Piedmont National Wildlife 

Refuge; 

■ e. Revising paragraph A.1., adding 

paragraphs A.4., A.5., and B.8., and 

revising paragraphs C.5. and C.8. of 

Savannah National Wildlife Refuge; and 

■ f. Adding paragraphs C.19. and C.20. 

of Wassaw National Wildlife Refuge to 

read as follows: 

§ 32.29 Georgia. 

* * * * * 

Banks Lake National Wildlife Refuge 

* * * * * 

D. Sport Fishing. We allow fishing on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We only allow the use of pole and 

line or rod and reel, which the angler 

must attend at all times. 

2. We allow sport fishing after legal 

sunset; but we prohibit all other activity 

after legal sunset. 

3. We prohibit marking of paths or 

navigational routes. 

4. We prohibit swimming, wading, jet 

skiing, and water skiing. 

Blackbeard Island National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

18. Youth hunters age 15 and under 

must possess and carry a valid hunter 

education card in order to hunt. 

19. Youth hunters age 15 and under 

must remain within sight and normal 

voice contact of an adult age 21 or older, 

possessing a license. One adult may 

supervise no more than one youth 

hunter. 

* * * * * 

Harris Neck National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

18. Youth hunters age 15 and under 

must possess and carry a valid hunter 

education card in order to hunt. 

19. Youth hunters age 15 and under 

must remain within sight and normal 

voice contact of an adult age 21 or older, 

possessing a license. One adult may 

supervise no more than one youth 

hunter. 

* * * * * 

Piedmont National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

9. We only allow .22 caliber or 

smaller rimfire firearms for raccoon and 

opossum hunting. 

* * * * * 

D. Sport Fishing. * * * 

1. We allow fishing from April 1 to 

September 30. 

* * * * * 

4. We allow nonmotorized boats on 

all ponds designated as open to fishing 

except the Children’s pond. We allow 

boats with electric motors only in Pond 

2A and Allison Lake. 

* * * * * 

Savannah National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. You must possess and carry a 

signed refuge permit at all times while 

hunting on the refuge. We only require 

a fee for the quota youth waterfowl hunt 

on the Solomon Tract and the 

wheelchair-dependent hunters’ quota 

deer hunt. 

* * * * * 

4. Youth hunters age 15 and under 

must possess and carry a valid hunter 

education card in order to hunt. 

5. Youth hunters age 15 and under 

must remain within sight and normal 

voice contact of an adult age 21 or older, 

possessing a license. One adult may 

supervise no more than two youth 

hunters. 

B. Upland Game Hunting. * * * 

* * * * * 

8. Conditions A4 and A5 apply. 

C. Big Game Hunting. * * * 

* * * * * 

5. We only allow shotguns with slugs, 

muzzleloaders, and bows for deer and 

hog hunting throughout the designated 

hunt area during the November gun 

hunt and the March hog hunt. However, 

we allow high-powered rifles north of 

Interstate Highway 95 only. We prohibit 

handguns. 

* * * * * 

8. Conditions B7, A4, and A5 apply. 

* * * * * 

Wassaw National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

19. Youth hunters age 15 and under 

must possess and carry a valid hunter 

education card in order to hunt. 

20. Youth hunters age 15 and under 

must remain within sight and normal 

voice contact of an adult age 21 or older, 

possessing a license. One adult may 

supervise no more than one youth 

hunter. 

* * * * * 

■ 11. Amend § 32.32 Illinois by: 

■ a. Removing paragraphs A.2. and A.3., 

redesignating paragraph A.4. as A.2., 

revising paragraph A.2., and revising 

paragraph D.2. of Chautauqua National 

Wildlife Refuge; 

■ b. Revising paragraph A.5., adding 

paragraph A.7.xii., and revising 

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

Cypress Creek National Wildlife Refuge; 

■ c. Revising the introductory text of 

paragraph A., adding paragraph A.3., 

revising the introductory text of 

paragraph B., adding paragraphs B.1., 

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

of Emiquon National Wildlife Refuge; 

■ d. Revising the introductory text of 

paragraph D. and revising paragraphs 

D.1. and D.2. of Meredosia National 

Wildlife Refuge; 

■ e. Revising the introductory text of 

paragraphs B., C., and D. of Middle 

Mississippi River National Wildlife 

Refuge; 

■ f. Revising paragraph B.3., revising the 

introductory text of paragraph C., and 

revising paragraph D.3. of Port Louisa 

National Wildlife Refuge; 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54167 

■ g. Revising paragraph D.3. of Two 

Rivers National Wildlife Refuge; and 

■ h. Revising paragraph A.6. of Upper 

Mississippi River National Wildlife and 

Fish Refuge to read as follows: 

§ 32.32 Illinois. 

* * * * * 

Chautauqua National Wildlife Refuge 

A. Hunting of Migratory Game Birds. 

* * * 

* * * * * 

2. Hunters must remove boats, decoys, 

and portable blinds at the end of each 

day’s hunt (see §§ 27.93 and 27.94 of 

this chapter). 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

2. We allow bank fishing from legal 

sunrise October 16 to legal sunset 

January 14 between the boat ramp and 

the fishing trail in the North Pool and 

from Goofy Ridge Public Access to west 

gate of the north pool water control 

structure. 

* * * * * 

Cypress Creek National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

5. We allow dove hunting beginning 

on September 1 and continuing on the 

following Mondays, Wednesdays, and 

Saturdays throughout the State season. 

* * * * * 

7. * * * 

* * * * * 

xii. All hunting parties must hunt 

over a minimum of 12 decoys at each 

blind site. 

* * * * * 

B. Upland Game Hunting. * * * 

1. Conditions A1, A2, A3, and A4 

apply. 

2. We prohibit hunting after legal 

sunset, except we allow raccoon and 

opossum hunting after legal sunset. 

C. Big Game Hunting. * * * 

1. Conditions A1 and A2 apply. 

D. Sport Fishing. * * * 

1. Conditions A2 and A3 apply. 

* * * * * 

Emiquon National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

3. We allow the use of motorized 

boats at no-wake speeds on all refuge 

waters. 

B. Upland Game Hunting. We allow 

hunting of upland game on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. You may possess only approved 

nontoxic shot while hunting all allowed 

species except wild turkey and coyote 

(see § 32.2(k)). You may possess lead 

shot for hunting of wild turkey and 

coyote. 

2. We allow access for hunting from 

1 hour before legal sunrise until legal 

sunset. 

C. Big Game Hunting. We allow 

hunting of big game on designated areas 

of the refuge in accordance with State 

regulations subject to the following 

condition: Hunters must remove 

hunting stands at the end of each day’s 

hunt (see §§ 27.93 and 27.94 of this 

chapter). 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We prohibit leaving private boats 

on refuge waters overnight (see § 27.93 

of this chapter). 

2. Condition A3 applies. 

* * * * * 

Meredosia National Wildlife Refuge 

* * * * * 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We allow sport fishing on all areas 

open to public access from legal sunrise 

to legal sunset from January 15 to 

October 15. 

2. We allow foot access on refuge land 

along the east side of Meredosia Lake in 

Morgan County from legal sunrise to 

legal sunset from October 16 to January 

14. The boat ramp remains open 

throughout the year for access to 

Meredosia Lake. 

* * * * * 

Middle Mississippi River National 

Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of small game, furbearers, 

turkey, and nonmigratory game birds on 

the Beaver, Harlow, Meissner, and 

Wilkinson Island Division in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on the 

Beaver, Harlow, Meissner, and 

Wilkinson Island Divisions in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

D. Sport Fishing. We allow fishing on 

the Beaver, Harlow, and Wilkinson 

Island Divisions in accordance with 

State regulations subject to the 

following conditions: 

* * * * * 

Port Louisa National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

3. We allow hunting in designated 

areas on the Horseshoe Bend Division 

from September 1 until September 14 

and from December 1 until February 28. 

We allow spring turkey hunting. 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer only on Big 

Timber Division and in designated areas 

on Horseshoe Bend Division in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

3. We close the following Divisions to 

all public access: Louisa Division—

September 14 until January 1; 

Horseshoe Bend Division—September 

14 until December 1; Keithsburg 

Division—September 15 until January 1. 

* * * * * 

Two Rivers National Wildlife Refuge 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

3. From October 15 through December 

31 we close the Batchtown, Gilbert 

Lake, and Portage Island Divisions, and 

the portion of the Calhoun Division 

north and west of the Illinois River 

Road, to all public access. 

* * * * * 

Upper Mississippi River National 

Wildlife and Fish Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

6. For Pools 12, 13 (excluding the Lost 

Mound Unit), and 14, we allow the 

following: hunting from boat blinds or 

scull boats; construction of permanent 

blinds from dimensional lumber 

(however, we prohibit use of 

nonbiodegradable materials such as 

metal, plastic, or fiberglass); and use of 

local, native-only species such as 

willow, cattail, bulrush, lotus, 

arrowhead vegetation, and dead wood 

on the ground for blind building and 

camouflage. We prohibit bringing 

nonnative species (alive or dead) onto 

the refuge and cutting or removing any 

other trees or vegetation (see § 27.51 of 

this chapter). Hunters must place an 

identification card with name, address, 

54168 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

and telephone number inside the 

permanent blind. Blinds not occupied 

by 1 hour before legal sunrise are 

available on a first-come, first-served 

basis. 

* * * * * 

■ 12. Amend § 32.33 Indiana by: 

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

of Muscatatuck National Wildlife 

Refuge; and 

■ b. Revising paragraph B.1., adding 

paragraph C.3., and revising the 

introductory text of paragraph D. and 

paragraph D.1. of Patoka River National 

Wildlife Refuge and Management Area 

to read as follows: 

§ 32.33 Indiana. 

* * * * * 

Muscatatuck National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of wild turkey, quail, squirrel, 

and rabbit on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. For wild turkey hunting, we require 

a refuge permit. 

2. We prohibit discharge of firearms 

within 100 yards (90 m) of an occupied 

dwelling. 

3. Shotgun hunters may possess only 

approved nontoxic shot on the refuge 

(see § 32.2(k)). 

4. We allow the use of hunting dogs 

for hunting rabbit and quail only. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge during the 

State archery and muzzleloader seasons 

in accordance with State regulations 

subject to the following conditions: 

1. You must possess and carry a 

refuge permit during the State 

muzzleloader season. 

2. We only allow bow and arrow and 

muzzleloaders, except that hunters with 

a State handicapped hunting permit 

may use crossbows. 

3. We prohibit the construction and 

use of permanent blinds, platforms, or 

ladders (see § 27.92 of this chapter). 

4. Condition B2 applies. 

5. We allow access to the refuge 

during posted hours during refuge deer 

hunts. 

6. Hunters may only take one deer per 

day from the refuge. 

7. We allow only permitted 

muzzleloader hunters during the State 

muzzleloader season. 

8. We allow archery hunting during 

the refuge-designated seasons. 

D. Sport Fishing. We allow fishing on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We prohibit the use of boats and 

belly boats on all refuge waters except 

for Stanfield Lake and Richart Lake. 

2. We only allow fishing with rod and 

reel or pole and line. 

3. We allow fishing from legal sunrise 

to legal sunset. 

4. We prohibit harvesting of frogs and 

turtles (see § 27.21 of this chapter). 

Patoka River National Wildlife Refuge 

and Management Area 

* * * * * 

B. Upland Game Hunting. * * * 

1. You may only possess approved 

nontoxic shot while hunting on the 

refuge (see § 32.3(k)). 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

3. We prohibit marking trails with 

tape, ribbons, paper, paint, tacks, tree 

blazes, or other devices. 

D. Sport Fishing. We allow sport 

fishing in accordance with State 

regulations on the main channel of the 

Patoka River, but all other refuge waters 

are subject to the following conditions: 

1. We allow fishing from legal sunrise 

to legal sunset. 

* * * * * 

■ 13. Amend § 32.34 Iowa by removing 

paragraph B.1., redesignating 

paragraphs B.2. through B.4. as 

paragraphs B.1. through B.3., and 

adding a new paragraph B.4. of Neal 

Smith National Wildlife Refuge to read 

as follows: 

§ 32.34 Iowa. 

* * * * * 

Neal Smith National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

4. We prohibit shooting on or over 

any refuge road within 50 feet (15 m) 

from the centerline. 

* * * * * 

■ 14. Amend § 32.36 Kentucky by: 

■ a. Revising Clarks River National 

Wildlife Refuge; and 

■ b. Revising paragraph C.1., and 

removing paragraph C.5. of Reelfoot 

National Wildlife Refuge to read as 

follows: 

§ 32.36 Kentucky. 

* * * * * 

Clarks River National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of mourning dove, 

woodcock, common snipe, Canada and 

snow goose, coot, and waterfowl listed 

in 50 CFR 10.13 under DUCKS on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. The refuge is a day-use area only, 

with the exception of legal hunting/ 

fishing activities. 

2. We prohibit the use of motorized 

off-road vehicles (e.g., ATVs) on the 

refuge (see § 27.31(f) of this chapter). 

3. We prohibit target practice with 

any weapon or nonhunting discharge of 

firearms (see § 27.42 of this chapter). 

4. We prohibit the use of horses and 

mules on refuge property during the 

State muzzleloader and modern gun 

deer hunts. We allow horseback riding 

on refuge roads and portions of the 

abandoned railroad tracks owned by the 

refuge for access purposes while 

engaged in wildlife activities. We 

prohibit horses and mules off these 

secondary access routes for any reason. 

5. You must possess and carry a valid 

refuge permit while hunting and/or 

fishing on the refuge. 

6. To retrieve or track game from a 

posted closed area of the refuge, the 

hunter must first request permission 

from the refuge manager at 270–527–

5770 or the law enforcement officer at 

270–703–2836. 

7. We prohibit the use of flagging 

tape, reflective tacks, or 

nonbiodegradable devices used to 

identify paths to and mark tree stands, 

blinds, and other areas. 

8. We close those portions of 

abandoned railroad tracks within the 

refuge boundary to vehicle access (see 

§ 27.31 of this chapter). 

9. We prohibit discharge of firearms 

or carrying loaded firearms on or within 

100 feet (90 m) of any home, the 

abandoned railroad tracks, graveled 

roads, and hiking trails. 

10. We prohibit possession and/or use 

of herbicides (see § 27.51 of this 

chapter). 

11. We prohibit possession or use of 

alcoholic beverages while hunting (see 

§ 32.2(j)). 

12. We prohibit the use of electronic 

calls with the exception for taking crow 

during crow season. 

13. An adult, age 21 or older, must 

supervise all youth hunters, age 15 and 

under. Youth hunters must remain in 

sight and normal voice contact with the 

adult. On small game hunts, the adult 

may supervise no more than two youths; 

on big game hunts, the adult may 

supervise no more than one youth. 

14. All persons born after January 1, 

1975 must possess a valid hunter 

education card while hunting. 

15. Waterfowl hunters must pick up 

decoys and equipment (see §§ 27.93 and 

27.94 of this chapter), unload firearms 

(see § 27.42(b) of this chapter), and be 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54169 

out of the field by 2 p.m. daily during 

the State waterfowl season. 

16. You may only use portable or 

temporary blinds that must be removed 

(see §§ 27.93 and 27.94 of this chapter) 

from the refuge daily. 

17. We close, as posted, the SharpeElva Water Management Unit from 

November 1 through March 15 to all 

entry with the exception of drawn 

permit holders and their guests. 

18. We only allow waterfowl hunting 

on the Sharpe-Elva Water Management 

Unit on specified Saturdays and 

Sundays during the State waterfowl 

season. We only allow hunting by 

individuals in possession of a refuge 

draw permit and their guests. State 

regulations and the following conditions 

apply: 

i. Application procedures and 

eligibility requirements are available 

from the refuge office. 

ii. We allow permit holders and up to 

three guests to hunt their assigned 

provided blind on the designated date. 

We prohibit guests in the blind without 

the attendance of the permit holder. 

iii. We prohibit selling, trading, or 

bartering of permits. This permit is 

nontransferable. 

iv. You may place decoys out 

Saturday morning at the beginning of 

the hunt, and you must remove them by 

Sunday at the close of the hunt (see 

§§ 27.93 and 27.94 of this chapter). 

v. We prohibit watercraft in the 

Sharpe-Elva Water Management Unit, 

except for drawn permit holders to 

access their assigned blinds and retrieve 

downed birds as needed. 

B. Upland Game Hunting. We allow 

hunting of squirrel, rabbit, quail, 

raccoon, opossum, crow, and coyote on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A14 apply. 

2. We close squirrel, rabbit, and quail 

seasons during muzzleloader and 

modern gun deer hunts. 

3. You may not kill or cripple a wild 

animal without making a reasonable 

effort to retrieve the animal and harvest 

a reasonable portion of that animal and 

include it in your daily bag limit. 

4. You may use only rimfire rifles, 

pistols, shotguns, and legal archery 

equipment for taking upland game. 

5. We prohibit possession and use of 

lead ammunition, except that you may 

use rimfire rifle and pistol lead 

ammunition no larger than .22 caliber 

for upland game hunting. 

6. You may hunt coyote during any 

daytime refuge hunt with weapons and 

ammunition allowed for that hunt. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A15 and B3 

apply. 

2. We only allow the use of portable 

and climbing stands. You may place 

stands in the field no earlier than 2 

weeks prior to the opening of deer 

season, and you must remove them from 

the field within 1 week after the season 

closes (see §§ 27.93 and 27.94 of this 

chapter). The hunter’s name and 

address must appear on all stands left in 

the field. 

3. You must use safety belts at all 

times when occupying the tree stands. 

4. We prohibit organized deer drives 

of two or more hunters. We define 

‘‘drive’’ as: the act of chasing, pursuing, 

disturbing, or otherwise directing deer 

so as to make animals more susceptible 

to harvest. 

D. Sport Fishing. We allow fishing 

and frogging on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1 through A15 apply. 

* * * * * 

Reelfoot National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions B1 through B6 apply. 

* * * * * 

■ 15. Amend § 32.37 Louisiana by: 

■ a. Revising the introductory text of 

paragraph A., revising paragraph A.8., 

adding paragraphs A.12., and A.13., 

revising the introductory text of 

paragraph B., revising paragraph B.4., 

and adding paragraph C.10. of Big 

Branch Marsh National Wildlife Refuge; 

■ b. Revising paragraph A.6. of Black 

Bayou Lake National Wildlife Refuge; 

■ c. Adding paragraphs A.9. and A.10., 

revising paragraph B.7., adding 

paragraph B.8. and B.9., revising 

paragraphs C.1., C.3., and C.9., and 

revising paragraphs D.2. and D.4., and 

adding paragraph D.6. of Boque Chitto 

National Wildlife Refuge; 

■ d. Revising paragraphs A.5. and A.6. 

of Cameron Prairie National Wildlife 

Refuge; 

■ e. Revising paragraphs A.1. and A.8., 

adding paragraphs A.21. through A.25., 

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

redesignating paragraphs C.3. through 

C.8. as paragraphs C.4. through C.9., 

adding a new paragraph C.3., revising 

paragraph C.4., and adding paragraphs 

C.9., D.10. and D.11. of Cat Island 

National Wildlife Refuge; 

■ f. Revising paragraphs A.2. and A.4., 

adding paragraphs A.15. and A.16., 

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

adding paragraphs B.9. and B.10., 

revising paragraphs C.1., C.2., C.3., C.8., 

adding paragraph C.11., revising 

paragraph D.1., and adding paragraph 

D.8. of Catahoula National Wildlife 

Refuge; 

■ g. Revising paragraph A.6. of 

D’Arbonne National Wildlife Refuge; 

■ h. Revising paragraph A.12., adding 

paragraph A.13., and revising paragraph 

C.1. of Delta National Wildlife Refuge; 

■ i. Revising paragraph A.1., adding 

paragraphs A.23. through A.29., revising 

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

C.4., adding paragraph C.9., and revising 

paragraphs D.1. and D.8., and adding 

paragraphs D.13. through D.15. of Grand 

Cote National Wildlife Refuge; 

■ j. Revising the heading and 

introductory text of paragraph A., 

revising paragraphs A.1., A.15., A.16., 

adding paragraphs A.21., A.22., and 

A.23. revising paragraphs B.1., B.2., 

C.1., C.3., C.4., C.6., C.11., C.12., adding 

paragraphs C.15. through C.17., revising 

paragraph D.1., and adding paragraphs 

D.9. and D.10. of Lake Ophelia National 

Wildlife Refuge; and 

■ k. Revising paragraph A.8. of Upper 

Ouachita National Wildlife Refuge to 

read as follows: 

§ 32.37 Louisiana. 

* * * * * 

Big Branch Marsh National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, coot, goose, 

snipe, rail, and gallinule on designated 

areas of the refuge during the State 

waterfowl season in accordance with 

State regulations subject to the 

following conditions: 

* * * * * 

8. The refuge is open from 1⁄2 hour 

before legal sunrise to 1⁄2 hour after legal 

sunset. 

* * * * * 

12. Hunters may not enter the refuge 

before 4 a.m. 

13. We prohibit any person or group 

to act as a hunting guide, outfitter, or in 

any other capacity that any other 

individual(s) pays or promises to pay 

directly or indirectly for services 

rendered to any other person or persons 

hunting on the refuge, regardless of 

whether such payment is for guiding, 

outfitting, lodging, or club membership. 

B. Upland Game Hunting. We allow 

hunting of squirrel, rabbit, woodcock, 

and quail on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

* * * * * 

4. Conditions A5 through A13 apply. 

* * * * * 

54170 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

C. Big Game Hunting. * * * 

* * * * * 

10. Conditions A5 through A13 apply. 

* * * * * 

Black Bayou Lake National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

6. We prohibit hunting within 150 

feet (45 m) of the maintained right-ofway of roads, from or across ATV trails 

(see § 27.31 of this chapter). We prohibit 

hunting within 50 feet (15 m), or 

trespassing on above-ground oil or gas 

production facilities. 

* * * * * 

Boque Chitto National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

9. We allow primitive camping within 

100 feet (30 m) of designated streams. 

These include either bank of the Boque 

Chitto River, Wilson Slough, and West 

Pearl River south of Wilson Slough, 

refuge lands along the East Pearl River, 

and Holmes Bayou. 

10. We prohibit any person or group 

to act as a hunting guide, outfitter, or in 

any other capacity that any other 

individual(s) pays or promises to pay 

directly or indirectly for services 

rendered to any other person or persons 

hunting on the refuge, regardless of 

whether such payment is for guiding, 

outfitting, lodging, or club membership. 

B. Upland Game Hunting. * * * 

* * * * * 

7. Conditions A3 (upland game 

hunts), and A5 through A10 apply. 

8. During the refuge deer gun season, 

all hunters except waterfowl hunters 

must wear a minimum of 400 square 

inches (2,600 cm2) of unbroken hunter 

orange as the outermost layer of clothing 

on the chest and back, and in addition 

we require a hat or cap of unbroken 

hunter orange. 

9. We allow upland game hunting 

during the open State season. 

C. Big Game Hunting. * * * 

1. Conditions A3 (one adult may only 

supervise one youth hunter during 

refuge Gun Deer Hunts), A5 through A7, 

A10, B5, and B8 apply. 

* * * * * 

3. We allow archery deer hunting 

during the open State archery season. 

* * * * * 

9. You may take hogs as incidental 

game while participating in the refuge 

archery, primitive weapon and general 

gun deer hunts only. Additionally, you 

may take hogs typically during varying 

dates in January and February, and you 

must only take them with the aid of 

trained hog-hunting dogs from legal 

sunrise until legal sunset. During the 

special hog season in January and 

February, hunters may use pistol or rifle 

ammunition not larger than .22 caliber 

or a shotgun with nontoxic (steel, 

bismuth) shot to kill hogs after they 

have been caught by dogs. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

2. Conditions A9 and B5 apply. 

* * * * * 

4. We allow boats in the fishing ponds 

at the Pearl River Turnaround that do 

not have gasoline-powered engines 

attached. These boats must be hand 

launched into the ponds. 

* * * * * 

6. We allow trotlines but the last five 

feet of trotline must be 100% cotton. 

* * * * * 

Cameron Prairie National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

5. We allow dove hunting on 

designated areas during the first split of 

the State dove season only. 

6. We allow snipe hunting on 

designated areas for the remaining 

portion of the State snipe season 

following closure of the State Ducks and 

Coots season in the West Zone. 

* * * * * 

Cat Island National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. We require hunters and anglers age 

16 and older to purchase and carry a 

signed refuge special recreational 

activity permit. 

* * * * * 

8. You must report all harvest game at 

the refuge check station upon leaving 

the refuge. 

* * * * * 

21. We prohibit accessing refuge 

property by boat from the Mississippi 

River. 

22. Persons using the refuge are 

subject to inspection of permits, 

licenses, hunting equipment, bag limits, 

and boats and vehicles by law 

enforcement officers. 

23. We allow nonmotorized or 

electric-powered boats only. 

24. We prohibit trapping. 

25. We prohibit the possession of 

saws, saw blades, or machetes. 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A17, A19, 

A21, and A22 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1 through A17, A19, 

and A21 through A22 apply. 

* * * * * 

3. There will be two or three lottery 

gun hunts (muzzleloader/rifle) in 

November and December (see refuge 

brochure for details). We will set hunt 

dates in July, and we will accept 

applications from August 1 through 

August 31. Applicants may apply for 

more than one hunt. There is a $5 

application fee per person for each hunt 

application and a $15 per person permit 

for each successful applicant. We will 

notify successful applicants by 

September 5. 

4. We allow only portable deer stands. 

Hunters may erect stands 2 days before 

the beginning of the refuge archery 

season and must remove them the last 

day of the State archery season (see 

§ 27.93 of this chapter). 

5. We prohibit the use of dogs to trail 

wounded deer or hogs. 

* * * * * 

9. We prohibit driving or screwing 

nails, spikes, or other metal objects into 

trees or hunting from any tree into 

which such an object has been driven 

(see § 32.2(i)). 

D. Sport Fishing. * * * 

* * * * * 

10. We prohibit boat launching by 

trailer from all refuge roads and parking 

lots. 

11. We prohibit the harvest of frogs or 

turtles (see § 27.21 of this chapter). 

Catahoula National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. We allow goose, duck, and coot 

hunting on the Bushley Bayou Unit on 

Tuesdays, Thursdays, Saturdays, and 

Sundays only from 1⁄2 hour before legal 

sunrise until 12 p.m. (noon) during the 

State season. 

* * * * * 

4. We allow ATVs on ATV trails (see 

§ 27.31 of this chapter) designated on 

the refuge hunt/fish permit from 

September 1 through the end of rabbit 

season. We open Bushley Creek, Black 

Lake, Boggy Bayou, Round Lake, 

Dempsey Lake Roads, and that portion 

of Minnow Ponds Road at Highway 8 to 

Green’s Creek Road and then south to 

Green’s Creek Bridget to ATVs yearround. We prohibit the use of an ATV 

on graveled roads designated for motor 

vehicle traffic unless otherwise posted. 

We only allow ATVs for wildlifedependent activities. We define an ATV 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54171 

as an off-road vehicle (not legal for 

highway use) with factory specifications 

not to exceed the following: weight 750 

lbs. (337.5 kg), length 85 inches (212.5 

cm), and width 48 inches (120 cm). We 

restrict ATV tires to those no larger than 

25 × 12 with a maximum 1 inch (2.5 cm) 

lug height and a maximum allowable 

tire pressure of 7 psi as indicated on the 

tire by the manufacturer. 

* * * * * 

15. We only allow dogs to locate, 

point, and retrieve when hunting for 

migratory game birds. We only allow 

dogs after the last deer-muzzleloader 

hunt, except when we allow them for 

waterfowl hunting throughout the entire 

refuge waterfowl season. 

16. We prohibit camping or parking 

overnight on the refuge. 

B. Upland Game Hunting. * * * 

1. Conditions A1, A4 (at the Bushley 

Bayou Unit), A7 through A14, and A16 

apply. 

* * * * * 

8. At the Headquarters Unit, we close 

upland game hunting during high water 

conditions with an elevation of 42 feet 

(12.6 m) or above as measured at the 

Corps of Engineers center of the lake 

gauge on Catahoula Lake. At the 

Bushley Bayou Unit, we close upland 

game hunting during high water 

conditions with an elevation of 44 feet 

(13.2 m) or above as measured at the 

Corps of Engineers center of the lake 

gauge on Catahoula Lake. 

9. On the Bushley Bayou Unit we 

allow the use of dogs to hunt squirrel, 

rabbit, and raccoon only after the last 

deer-muzzleloader hunt. 

10. Dog owners must place their 

names and phone numbers on the 

collars of all of their dogs. 

C. Big Game Hunting. * * * 

1. Conditions A1, A4 (at the Bushley 

Bayou Unit), A7 through A9, A12 

through A14, A16, and B4 through B8 

(big game hunting) apply. 

2. At the Bushley Bayou Unit, we 

allow deer-archery hunting during the 

State archery season, except when 

closed during deer-gun and deermuzzleloader hunts. We allow eithersex, deer-muzzleloader hunting during 

the first segment of the State season for 

Area 1, weekdays only (Monday through 

Friday) and the third weekend after 

Thanksgiving Day. We allow either-sex, 

deer-gun hunting for the Friday, 

Saturday, and Sunday immediately 

following Thanksgiving Day and for the 

second weekend following 

Thanksgiving Day. 

3. At the Headquarters Unit, we allow 

deer-archery hunting during the State 

archery season, except when closed 

during the deer-gun hunt south of the 

French Fork of the Little River. We 

allow either-sex, deer-gun hunting on 

the fourth weekend after Thanksgiving 

Day on the area south of the French 

Fork of the Little River. 

* * * * * 

8. We prohibit the use of organized 

drives for taking or attempting to take 

game or using pursuit dogs. 

* * * * * 

11. We prohibit the use of dogs to trail 

wounded deer. 

D. Sport Fishing. * * * 

1. Conditions A4 (at the Bushley 

Bayou Unit), A7, A9, A13 (as a fishing 

guide), A14, A16, B5, and B7 apply. 

* * * * * 

8. We prohibit bank fishing on 

Bushley Creek and fishing in Black 

Lake, Dempsey Lake, Long Lake, 

Rhinehart Lake, and round Lake, during 

deer-gun and muzzleloader hunts. We 

prohibit fishing in Black Lake, Dempsey 

Lake, Long Lake, Rhinehart Lake, and 

Round Lake during waterfowl hunts. 

D’Arbonne National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

6. We prohibit hunting within 150 

feet (45 m) of the maintained right-ofway roads, from or across ATV trails 

(see § 27.31 of this chapter). We prohibit 

hunting within 50 feet (15 m) or 

trespassing on above-ground oil or gas 

production facilities. 

* * * * * 

Delta National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

12. We prohibit any person or group 

to act as a hunting guide, outfitter, or in 

any other capacity that any other 

individual(s) pays or promises to pay 

directly or indirectly for services 

rendered to any other person or persons 

hunting on the refuge, regardless of 

weather such payment is for guiding, 

outfitting, lodging, or club membership. 

13. We open the refuge from 1⁄2 hour 

before legal sunrise to 1⁄2 hour after legal 

sunset, with the exception that hunters 

may enter the refuge earlier, but not 

before 4 a.m. Condition A10 applies. 

* * * * * 

C. Big Game Hunting. * * * 

1. For archery hunting of deer and 

hogs, conditions A4 through A13 apply. 

For A11 each adult may supervise no 

more than one youth hunter during big 

game hunting. 

* * * * * 

Grand Cote National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. We require hunters and anglers age 

16 and older to purchase and carry a 

signed refuge special recreational 

activity permit. 

* * * * * 

23. There will be space-blind 

waterfowl hunts on designated sections 

of the refuge during the regular State 

waterfowl season (see refuge brochure 

for details). Hunt dates will be 

Wednesdays and Saturdays until 12 

p.m. (noon). There will be a random 

drawing on each hunt day to select 

participants. The drawing for each hunt 

day will be approximately 2 hours 

before legal sunrise. We will limit 

blinds to three persons. We will set hunt 

dates in September, subject to water 

availability, after the State sets the 

season. 

24. There will youth-only lottery 

waterfowl hunts on designated sections 

of the refuge during the regular State 

waterfowl season (see refuge brochure 

for details). We will determine hunt 

dates after the State sets the waterfowl 

season and limit the hunts to no more 

than five per season. We will accept 

applications from November 1 through 

November 21. We will notify successful 

applicants by mail. 

25. There may be special youth, 

women, and disabled hunter dove hunts 

(subject to cropland availability) during 

the regular State dove season (see refuge 

brochure for details). We will determine 

hunt dates after the State sets the 

season. We will determine the number 

of hunt days and participants by 

location of available cropland. We will 

accept applications from July 1 through 

July 31, and we may only select 

individuals for one hunt date. We will 

notify successful applicants by mail. 

26. Individuals utilizing the refuge are 

subject to inspections of permits, 

licenses, hunting equipment, bag limits, 

and boats and vehicles by law 

enforcement officers. 

27. We allow nonmotorized or 

electric-powered boats only. 

28. We prohibit the possession of 

saws, saw blades, or machetes. 

29. We prohibit trapping. 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A16, A20, 

and A26 apply. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1 through A16, A20, 

and A26 apply. 

2. We allow archery-only deer 

hunting on certain sections of the refuge 

from October 1 through November 30 

(see refuge brochure for details). 

54172 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

3. We allow only portable deer stands 

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

Deer stands must have the owner’s 

name, address, and phone number 

clearly printed on the stand. 

4. We prohibit hunters to drive deer 

or to use pursuit dogs. We prohibit the 

use of dogs to trail wounded deer or 

hogs. 

* * * * * 

9. We prohibit driving or screwing 

nails, spikes, or other metal objects into 

trees or hunting from any tree into 

which such an object has been driven 

(see § 32.2(i)). 

D. Sport Fishing. * * * 

1. Conditions A11, A26, C7, and C8 

apply 

* * * * * 

8. You may harvest 100 lbs. (45 kg) of 

crawfish per person per day. 

* * * * * 

13. We prohibit the harvest of frogs or 

turtles (see § 27.21 of this chapter). 

14. We only allow bank fishing in 

Coulee des Grues along Little California 

Road. 

15. We prohibit launching boats, put 

or placed, in Coulee des Grues from 

refuge property. 

* * * * * 

Lake Ophelia National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, coot, 

woodcock, snipe, and mourning dove 

on designated areas of the refuge, as 

shown in the refuge hunting brochure 

map, in accordance with State 

regulations subject to the following 

conditions: 

1. We require hunters and anglers age 

16 and older to purchase and carry a 

signed refuge special recreational 

activity permit. 

* * * * * 

15. We allow motors up to 25 hp in 

Possum Bayou (north of Boat Ramp), 

Palmetto Bayou, Westcut Lake, Pt. 

Basse, and Nicholas Lake. 

16. We allow electric-powered or 

nonmotorized boats in Dooms Lake, 

Lake Long, and Possum Bayou (south of 

Boat Ramp). 

* * * * * 

21. We will allow incidental take of 

mourning dove while migratory bird 

hunting on days open to waterfowl 

hunting. 

22. Persons using the refuge are 

subject to inspections of permits, 

licenses, hunting equipment, bag limits, 

boats, and vehicles by law enforcement 

officers. 

23. We prohibit trapping. 

B. Upland Game Hunting. * * * 

1. Conditions A1 through A16, A19, 

and A22 apply. 

2. We allow squirrel and rabbit 

hunting in Hunt Unit 2B from the 

opening of the State season through 

December 15. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1 through A3, A5 

through A16, A19, and A22 apply. 

* * * * * 

3. We allow archery hunting from 

November 15 through January 1 and 

January 23 to the end of the State 

archery season except during the youth 

and muzzleloader deer hunts when we 

prohibit archery hunting. 

4. We allow archery deer hunting in 

Hunt Units 1B and 2B from November 

15 through December 15. 

* * * * * 

6. We allow only portable deer stands. 

Hunters may erect deer stands 2 days 

before the beginning of the refuge 

archery season and must remove them 

the last day of the State archery season. 

* * * * * 

11. We allow electric-powered or 

nonmotorized boats in Lake Ophelia 

from November 1 through December 15. 

12. You may kill one deer of either 

sex per day during the first refuge 

archery season, and you may kill 

antlered bucks only during the second 

refuge archery season. 

* * * * * 

15. There will be three lottery 

muzzleloader hunts (see refuge brochure 

for details). We will set hunt dates in 

July, and we will accept applications 

from August 1 through August 31. 

Applicants may NOT apply for more 

than one hunt. There is a $5 

nonrefundable application fee per 

person for each hunt application and a 

$15 per person permit for each 

successful applicant. We will notify 

successful applicants by September 15. 

16. There will be two lottery deer 

hunts for youth ages 12 to 15 (see refuge 

brochure for details). We will set hunt 

dates in July, and we will accept 

applications from November 1 through 

November 21. We will provide blinds. 

We will require successful applicants to 

pass a shooting proficiency test in order 

to qualify for the hunt. We will notify 

successful applicants by mail. 

17. We prohibit driving or screwing 

nails, spikes, or other metal objects into 

trees or hunting from any tree in which 

such an object has been driven (see 

§ 32.2(i)). 

D. Sport Fishing. * * * 

1. Conditions A1, A3, A5 through A9, 

A17, A19 (remove boats [see § 27.93 of 

this chapter]) and A22 apply. 

* * * * * 

9. We prohibit the harvest of frogs or 

turtles (see § 27.21 of this chapter). 

10. We prohibit crawfishing. 

* * * * * 

Upper Ouachita National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

8. We prohibit hunting within 150 

feet (45 m) of the maintained right-ofway of roads and from or across ATV 

trails (see § 27.31 of this chapter). We 

prohibit hunting within 50 feet (15 m) 

or trespassing on above-ground oil or 

gas production facilities. 

* * * * * 

■ 16. Amend § 32.38 Maine by: 

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

of Moosehorn National Wildlife Refuge; 

■ b. Revising the introductory text of 

paragraph A., revising paragraphs A.5. 

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

and A.8., revising paragraph B., revising 

paragraphs C.1., C.3, C.5., C.6., C.7., 

C.8., and adding paragraph C.9., and 

revising paragraph D. of Rachel Carson 

National Wildlife Refuge; and 

■ c. Revising Sunkhaze Meadows 

National Wildlife Refuge to read as 

follows: 

§ 32.38 Maine. 

* * * * * 

Moosehorn National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, American 

woodcock, and Wilson’s snipe on 

designated areas of the Baring and 

Edmunds Division of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require every hunter to possess 

and carry a personally signed refuge 

hunting permit. Permits and regulations 

are available at checkpoints throughout 

the refuge. 

2. You must complete a Hunter 

Information Card at a self-clearing check 

station after each hunt before leaving 

the refuge. 

3. We allow hunters to enter the 

refuge 2 hours before legal shooting 

hours, and they must exit the refuge by 

1 hour past legal shooting hours. 

4. You may hunt American woodcock 

and Wilson’s snipe on the Edmunds 

Division and that part of the Baring 

Division that lies west of State Route 

191. 

5. You may hunt waterfowl (duck and 

goose) in that part of the Edmunds 

Division that lies north of Hobart Stream 

and west of U.S. Route 1, and in those 

areas east of U.S. Route 1, and refuge 

lands that lie south of South Trail, and 

in that portion of the Baring Division 

that lies west of State Route 191. 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54173 

6. We prohibit hunting of migratory 

birds in the Nat Smith Field and Marsh 

or Bills Hill Ponds on the Edmunds 

Division. 

7. We prohibit construction or use of 

any permanent blind. 

8. You may only use portable or 

temporary blinds. 

9. You must remove portable or 

temporary blinds and decoys from the 

refuge following each day’s hunt (see 

§§ 27.93 and 27.94 of this chapter). 

10. We prohibit motorized or 

mechanized vehicles and equipment in 

designated Wilderness Areas. This 

includes all vehicles and items such as 

winches, pulleys, and wheeled game 

carriers. Hunters must remove animals 

harvested within the Wilderness Areas 

by hand without the aid of mechanical 

equipment of any type. 

B. Upland Game Hunting. We allow 

hunting of ruffed grouse, snowshoe 

hare, red fox, red squirrel, gray squirrel, 

raccoon, skunk, and woodchuck on 

designated areas of the Baring and 

Edmunds Divisions of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1, A2, and A10 apply. 

2. We allow hunters to enter the 

refuge 1⁄2 hour before legal shooting 

hours, and they must exit the refuge by 

1⁄2 hour past legal shooting hours except 

for hunters pursuing raccoons at night. 

3. During the firearms big game 

seasons, you must wear in a 

conspicuous manner on head, chest, 

and back a minimum of 400 square 

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

hunter-orange clothing or material. 

4. We allow the hunting of ruffed 

grouse, snowshoe hare, red fox, red 

squirrel, gray squirrel, raccoon, skunk, 

and woodchuck on the Edmunds 

Division and that part of the Baring 

Division that lies west of State Route 

191. 

5. We prohibit hunting of upland 

game on refuge lands from April 1 

through September 30. 

6. You must register with the refuge 

office prior to hunting raccoon or red 

fox with trailing dogs. 

C. Big Game Hunting. We allow 

hunting of black bear, bobcat, eastern 

coyote, moose, and white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1, A2, A10, B3, and B5 

apply. 

2. We allow hunters to enter the 

refuge 1⁄2 hour before legal shooting 

hours, and they must exit the refuge by 

1⁄2 hour past legal shooting hours, 

except for hunters pursuing eastern 

coyotes at night. 

3. We allow bear hunting from 

October 1 to the end of the State 

Prescribed Season. 

4. We allow eastern coyote hunting 

from October 1 to March 31 annually. 

5. If you harvest a bear, deer, or moose 

on the refuge, you must notify the refuge 

office in person or by phone within 24 

hours and make the animal available for 

inspection by refuge personnel. 

6. We prohibit construction or use of 

permanent tree stands, blinds, or 

ladders. 

7. You must use only portable tree 

stands, blinds, and ladders. 

8. You must clearly label any tree 

stand, blind, or ladder left on the refuge 

overnight with your name, address, 

phone number, and hunting license 

number. 

9. You must remove all tree stands, 

blinds, and ladders from the refuge on 

the last day of the muzzleloader deer 

season (see §§ 27.93 and 27.94 of this 

chapter). 

10. You may hunt black bear, eastern 

coyote, and white-tailed deer during the 

State archery and firearms deer seasons 

on that part of the Baring Division that 

lies east of State Route 191. 

11. You may hunt black bear, bobcat, 

eastern coyote, moose, and white-tailed 

deer on the Edmunds Division and that 

part of the Baring Division that lies west 

of State Route 191. 

12. You may only use a long, recurve, 

or compound bow to hunt during the 

archery deer season, and a muzzleloader 

to hunt during the deer muzzleloader 

season on that part of the refuge that lies 

east of Route 191. 

13. You must register with the refuge 

office prior to hunting black bear, 

bobcat, or eastern coyote with trailing 

dogs. 

14. We prohibit hunting in the 

following areas: 

i. The South Magurrewock Area: The 

boundary of this area begins at the 

intersection of the Charlotte Road and 

U.S. Route 1; it follows the Charlotte 

Road in a southerly direction to a point 

just south of the fishing pier and 

observation blind, where it turns in an 

easterly direction, crossing the East 

Branch of the Magurrewock Stream, and 

proceeds in a northerly direction along 

the upland edge of the Upper and 

Middle Magurrewock Marshes to U.S. 

Route 1 where it follows Route 1 in a 

southerly direction to the point of 

origin. 

ii. The North Magurrewock Area: The 

boundary of this area begins where the 

northern exterior boundary of the refuge 

and Route 1 intersect; it follows the 

boundary line in a westerly direction to 

the railroad grade where it follows the 

main railroad grade and refuge 

boundary in a southwest direction to the 

upland edge of the Lower Barn Meadow 

Marsh; it then follows the upland edge 

of the marsh in an easterly direction to 

U.S. Route 1, where it follows Route 1 

to the point of origin. 

iii. The posted safety zone around the 

refuge headquarters complex: The 

boundary of this area starts where the 

southerly edge of the Horse Pasture 

Field intersects with the Charlotte Road. 

The boundary follows the southern edge 

of the Horse Pasture Field, across the 

abandoned Maine Central Railroad 

grade, where it intersects with the North 

Fireline Road. It follows the North 

Fireline Road to a point near the 

northwest corner of the Lane 

Construction Tract. The line then 

proceeds along a cleared and marked 

trail in a northwesterly direction to the 

Barn Meadow Road. It proceeds south 

along the Barn Meadow Road to the 

intersection with the South Fireline 

Road, where it follows the South 

Fireline Road across the Headquarters 

Road to the intersection with the Mile 

Bridge Road. It then follows the Mile 

Bridge Road in a southerly direction to 

the intersection with the Lunn Road, 

then along the Lunn Road leaving the 

road in an easterly direction at the site 

of the old crossing, across the 

abandoned Maine Central Railroad 

grade to the Charlotte Road (directly 

across from the Moosehorn Ridge Road 

gate). The line follows the Charlotte 

Road in a northerly direction to the 

point of origin. 

iv. The Southern Gravel Pit: The 

boundary of this area starts at a point 

where Cranberry Brook crosses the 

Charlotte Road and proceeds south 

along the Charlotte Road to the Barin/ 

Charlotte Town Line, east along the 

Town Line to a point where it intersects 

the railroad grade where it turns in a 

northerly direction, and follows the 

railroad grade to Cranberry Brook, 

following Cranbettery Brook in a 

westerly direction to the point of origin. 

* * * * * 

Rachel Carson National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, coot, 

woodcock, and snipe in accordance 

with State regulations on designated 

areas of the Brave Boat Harbor, Lower 

Wells, Upper Wells, Mousam River, 

Goose Rocks, and Spurwink River 

Divisions of the refuge subject to the 

following conditions: 

* * * * * 

5. You may use seasonal blinds with 

a Special Use Permit. A permitted 

seasonal blind is available to permitted 

hunters on a first-come, first-served 

54174 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

basis. The permit holder for the blind is 

responsible for the removal of the blind 

at the end of the season and compliance 

with all conditions of the Special Use 

Permit. You must remove temporary 

blinds, decoys, and boats from the 

refuge each day (see §§ 27.93 and 27.94 

of this chapter). 

6. We open the refuge to hunting 

during the hours stipulated by State 

regulations but no longer than 1⁄2 hour 

before legal sunrise to 1⁄2 hour after legal 

sunset. We close the refuge to night 

hunting. You must unload all firearms 

(see § 27.42(b) of this chapter) outside of 

legal hunting hours. 

7. We prohibit all-terrain vehicles 

(ATVs or OHRVs) (see § 27.31(f) of this 

chapter). 

8. We close the Moody, Little River, 

Biddeford Pool, and Goosefare Brook 

divisions of the refuge to all migratory 

bird hunting. 

B. Upland Game Hunting. We allow 

hunting of pheasant and grouse on 

designated areas of the Brave Boat 

Harbor, Lower Wells, Upper Wells, 

Mousam River, Goose Rocks, Goosefare 

Brook, and Spurwink River division of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1, A6, and A7 apply. 

2. You may take pheasant and grouse 

by falconry during State seasons. 

3. You may only possess approved 

nontoxic shot (see § 32.2(k)) while on 

the refuge. 

4. We close the Moody, Little River, 

and Biddeford Pool division of the 

refuge to all upland game hunting. 

C. Big Game Hunting. * * * 

1. Conditions A1, A6, and A7 apply. 

* * * * * 

3. You must use only portable tree 

stands and ladders. We prohibit use of 

nails, screws, or bolts to attach tree 

stands and ladders to trees (see 

§ 32.2(i)). You must remove tree stands 

and ladders from the refuge following 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

5. We close the Moody and Biddeford 

Pool divisions of the refuge to whitetailed deer hunting. 

6. We only allow archery on those 

areas of the Little River division open to 

hunting. 

7. You may hunt fox and coyote with 

archery or shotgun during daylight 

hours of the State firearm deer season 

only. 

8. Bow hunters with refuge permits 

may apply for the special ‘‘Wells Hunt’’. 

We must receive letters of interest by 

November 1 for consideration in a 

random drawing. Selected hunters must 

comply with regulations as set by the 

State. 

9. You must report any deer harvested 

to the refuge office within 48 hours. 

D. Sport Fishing. We allow sport 

fishing along the shoreline on the 

following designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. At the Brave Boat Harbor division 

on the north side (York) of the stream 

crossing under Route 103, beginning at 

Route 103 then downstream to the first 

railroad trestle. 

2. At the Moody division on the north 

side of the Ogunquit River and 

downstream of Route 1, beginning at the 

refuge boundary then downstream a 

distance of 500 feet (150 m). 

3. At the Moody division on the east 

side of Stevens Brook and downstream 

of Bourne Avenue, beginning at Bourne 

Avenue then downstream to where the 

refuge ends near Ocean Avenue. 

4. At the Lower Wells division on the 

west side of the Webhannet River 

downstream of Mile Road, from Mile 

Road north to the first creek. 

5. At the Upper Wells division on the 

south side of the Merriland River 

downstream of Skinner Mill Road, 

beginning at the refuge boundary and 

then east along the oxbow to the woods. 

6. At the Mousam River division on 

the north side of the Mousam River 

downstream of Route 9, beginning at the 

refuge boundary and then east to a point 

opposite Great Hill Road. Access is from 

the Bridle Path along the first tidal 

creek. 

7. At the Goosefare Brook division on 

the south side of Goosefare Brook where 

it flows into the Atlantic Ocean. 

8. At the Spurwink River division on 

the west side (Scarborough) of the 

Spurwink River upstream of Route 77, 

beginning at Route 77 and then 

upstream approximately 1,000 feet (300 

m) to a point near the fork in the river. 

9. You may launch boats from car top 

from legal sunrise to legal sunset at 

Brave Boat Harbor division on 

Chauncey Creek at the intersection of 

Cutts Island Road and Sea Point Road. 

10. We allow car-top launching from 

legal sunrise to legal sunset at Spurwink 

River division on the upstream side of 

Route 77 at the old road crossing. 

11. We allow fishing from legal 

sunrise to legal sunset. 

12. We prohibit lead jigs and sinkers. 

13. Anglers must attend their lines at 

all times. 

14. We prohibit collection of bait on 

the refuge. 

Sunkhaze Meadows National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

on designated areas of the refuge in 

accordance with State regulations. 

B. Upland Game Hunting. We allow 

hunting of upland game on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following condition: You may possess 

only approved nontoxic shot while in 

the field (see § 32.2(k)). 

C. Big Game Hunting. We allow 

hunting of deer, moose, and bear on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following condition: You 

must wear, in a conspicuous manner on 

head, chest, and back a minimum of 400 

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

material during firearms big game 

season. 

D. Sport Fishing. We allow sport 

fishing on the waters of and from the 

banks of Baker Brook, Birch Stream, 

Buzzy Brook, Dudley Brook, Johnson 

Brook, Little Birch Stream, Little Buzzy 

Brook, Sandy Stream, and Sunkhaze 

Stream. 

■ 17. Amend § 32.39 Maryland by 

revising Patuxent Research Refuge to 

read as follows: 

§ 32.39 Maryland. 

* * * * * 

Patuxent Research Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, and dove 

on the North Tract in accordance with 

State regulations subject to the 

following conditions: 

1. We require a fee-hunting permit. 

2. We require hunters age 17 and 

under to have a parent or guardian 

countersign to receive a hunting permit. 

An adult, age 21 or older, possessing a 

hunting permit, must accompany 

hunters age 16 and younger in the field. 

3. You must check-in and out at the 

Hunter Control Station (HCS) and 

exchange your hunting permit for a 

daily hunting pass and a vehicle pass 

every time you enter or exit the refuge, 

including breaks, lunch, and dinner. 

4. We restrict hunters to the selected 

area and activity until you check out at 

the HCS. 

5. You must use established and 

maintained roads and not block traffic 

(see § 27.31(h) of this chapter). 

6. We prohibit hunting on or across 

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

road, within 150 yards (135 m) of any 

occupied structure, or within 25 yards 

(22.5 m) from any designated ‘‘No 

Hunting’’ area. Only those with a State 

‘‘Hunt from a Vehicle Permit’’ may hunt 

from the roadside at designated areas. 

7. You must wear at least a 

fluorescent-orange hat or cap when 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54175 

walking from your vehicle to your 

hunting site. ‘‘Jump Shooters’’ must 

wear at least a fluorescent-orange hat or 

cap while hunting. If you stop and 

stand, you may replace the orange hat 

or cap with a camouflage one. 

8. You may only carry one shotgun, 

20 gauge or larger, in the field. We 

prohibit additional firearms. 

9. We only allow the taking of Canada 

goose during the special September and 

late season for a resident Canada goose. 

10. We prohibit hunting of goose, 

duck, or dove during the deer firearm 

seasons and the early deer muzzleloader 

seasons that occur in October. 

11. We prohibit dove hunting during 

any deer muzzleloader or firearms 

seasons. 

12. We require waterfowl hunters to 

use retrievers on any impounded 

waters. Retrievers must be of the 

traditional breeds, such as Chesapeake 

Bay, Golden, Labrador, etc. 

13. We require dogs to be under the 

immediate control of their owner at all 

times. Law enforcement officers may 

seize dogs running loose or unattended 

(see § 26.21(b) of this chapter). 

B. Upland Game Hunting. We allow 

hunting of turkey, bobwhite quail, grey 

squirrel, eastern cottontail rabbit, and 

woodchuck on the North Tract and 

turkey on the Central Tract in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 and A6 apply. 

2. You must wear a minimum of 400 

square inches (2,600 cm2) of fluorescent 

orange on your head, chest, and back 

while hunting upland game except for 

turkey hunting. We encourage turkey 

hunters to wear fluorescent orange. 

3. We prohibit hunting of upland 

game during the firearms and 

muzzleloader seasons. 

4. We select turkey hunters by a 

computerized lottery for youth, 

disabled, mobility impaired, and general 

public hunts. We require documentation 

for disabled and mobility-impaired 

hunters. 

5. We require each turkey hunter to 

attend a turkey clinic sponsored by the 

National Wild Turkey Federation. 

6. We require turkey hunters to 

pattern their weapons prior to hunting. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer in 

accordance with State regulations 

subject to the following conditions: 

1. We require you to pass a 

proficiency test with each weapon that 

you desire to use prior to issuing you a 

hunting permit. 

2. Conditions A1 through A6 apply. 

3. You must wear a minimum of 400 

square inches (2,600 cm2) of fluorescent 

orange on your head, chest, and back 

while hunting. Bow hunters must follow 

this requirement when moving to and 

from the deer stand and while tracking. 

We do not require bow hunters to wear 

the fluorescent orange when positioning 

to hunt except during the deer 

muzzleloader season. 

4. We will extract a jaw from each 

deer harvested before leaving the refuge. 

5. We publish the Refuge Hunting 

Regulations, which include the daily 

and yearly bag limits and hunting dates 

for the North, Central, and South Tracts, 

in July. We give hunters a copy of the 

regulations with the fee permit, and 

they must know the specific hunt 

seasons and regulations. 

6. You must use portable tree stands 

equipped with a safety belt. You must 

wear the safety belt while in the tree 

stand. The stand must be at least 10 feet 

(3 m) off the ground. You must remove 

tree stands daily from the refuge (see 

§ 27.93 of this chapter). Hunters must 

use deer stands to hunt the South and 

Central Tracts. (We will make limited 

accommodations for disabled hunters 

for Central Tract lottery hunts.) 

7. We prohibit the firing of weapons 

after legal shooting hours, including the 

unloading of muzzleloaders. 

8. We prohibit use of dogs to hunt or 

track wounded deer. 

9. If you wish to track wounded deer 

beyond 11⁄2 hours after legal sunset, you 

must report in person to the HCS. If you 

are hunting on the refuge’s South or 

Central Tracts, you must call the HCS. 

The HCS manager will call a refuge law 

enforcement officer to gain consent to 

track. We prohibit tracking later than 

21⁄2 hours after legal sunset. We may 

revoke your hunting privileges if you 

wound a deer and do not make a 

reasonable effort to retrieve it. This may 

include next-day tracking. 

10. North Tract: We allow shotgun, 

muzzleloader, and bow hunting in 

accordance with the following 

conditions: 

i. Conditions C1 through C9 apply. 

11. Central Tract: We allow shotgun 

and bow hunting in accordance with the 

following conditions: 

i. Conditions C1 through C9 apply. 

ii. We only allow bow hunters to hunt 

on the Schafer Farm. 

iii. We select Central Tract shotgun 

and bow hunters by a computerized 

lottery. You will be assigned a specific 

hunting location. 

iv. You must carry a flashlight, 

whistle, and a compass while hunting. 

12. South Tract: We allow shotgun, 

muzzleloader, and bow hunting in 

accordance with the following 

regulations: 

i. Conditions C1 through C9 and 

C11iv apply. 

ii. You must access South Tract 

hunting areas A, B, and C off Springfield 

Road through the Old Beltsville Airport, 

and South Tract hunting area D off 

Maryland Route 197 through Gate #4 

and park in designated parking areas. 

iii. We prohibit shooting into any 

open meadow or field area. 

iv. We prohibit parking along the 

National Wildlife Visitor Center road or 

in the visitor center parking lot. 

D. Sport Fishing. We allow sport 

fishing in accordance with State 

regulations subject to the following 

conditions: 

1. We require a free refuge fishing 

permit, which you must carry with you 

at all times while fishing. Organized 

groups may request a group permit. The 

group leader must carry a copy of the 

permit and stay with the group at all 

times while fishing. 

2. You may take one additional 

licensed adult or two youths age 15 or 

under to fish under your permit and in 

your presence. 

3. You may only use earthworms for 

live bait. 

4. We prohibit harvesting bait on the 

refuge. 

5. You must attend all fishing lines. 

6. We prohibit fishing from all bridges 

except the south side of Bailey Bridge. 

7. You may take the following species: 

Chain pickerel, catfish, golden shiner, 

eel, and sunfish (includes bluegill, black 

crappie, warmouth, and pumpkinseed). 

8. You must catch and release all bass. 

9. North Tract: We allow sport fishing 

in accordance with the following 

conditions: 

i. We allow sport fishing at Lake 

Allen, Rieve’s Pond, New Marsh, Cattail 

Pond, Bailey Bridge Pond, Bailey Bridge 

(south side), and Little Patuxent River 

(downstream only from Bailey’s Bridge). 

ii. Conditions D1 through D8 apply. 

iii. We require a free North Tract 

refuge access permit that you must 

possess and carry at all times. If you are 

age 17 or under, you must have a parent 

or guardian countersign to receive an 

access permit. A parent or legal 

guardian must accompany those anglers 

age 17 and under. 

iv. You may fish year-round at Lake 

Allen, New Marsh, Cattail Pond, Bailey 

Bridge Pond, Bailey Bridge (south side), 

and the Little Patuxent River 

(downstream only from Bailey Bridge) 

except during the white-tailed deer 

muzzleloader and shotgun seasons and 

the waterfowl hunting season. We also 

reserve the right to close Lake Allen at 

any time. 

v. You may fish at Rieve’s Pond from 

February 1 to August 31 and on 

Sundays from September 1 to January 

31. 

54176 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

vi. We allow wading, for fishing 

purposes only, downstream from Bailey 

Bridge on the Little Patuxent River. We 

prohibit wading in other bodies of 

water. 

vii. We prohibit the use of any type 

of watercraft. 

10. South Tract: We allow sport 

fishing in accordance with the following 

conditions: 

i. Conditions D1 through D8 apply. 

ii. You must park your vehicle in the 

parking lot located behind Refuge Gate 

#8 off Maryland Route 197. 

iii. You must display your fishing 

permit on your vehicle dashboard. 

iv. We allow sport fishing at the pier 

and designated shorelines at Cash Lake. 

See Refuge Fishing Regulations for areas 

opened to fishing. We post other areas 

with ‘‘No fishing beyond this point’’. 

v. You may fish from mid-June until 

mid-October. 

vi. You may fish between the hours of 

6 a.m. until legal sunset. We open refuge 

trails from legal sunrise until 5:30 p.m. 

daily. 

vii. We prohibit boat trailers. 

viii. You may use watercraft for 

fishing in accordance with the State 

boating laws subject to the following 

conditions: You may use car-top boats 

14 feet (4.2 m) or less, canoes, kayaks, 

and inflatable boats. You may only use 

electric motors, 4 hp or less. We prohibit 

sailboats. 

■ 18. Amend § 32.40 Massachusetts by: 

■ a. Adding Assabet River National 

Wildlife Refuge; 

■ b. Adding Great Meadows National 

Wildlife Refuge; and 

■ c. Revising Oxbow National Wildlife 

Refuge to read as follows: 

§ 32.40 Massachusetts. 

* * * * * 

Assabet River National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of woodcock on 

designated portions of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow woodcock hunting within 

the portions of the refuge located north 

of Hudson Road, except those areas 

north of Hudson Road that are 

designated as ‘‘archery only’’ hunting on 

the current refuge hunting map. These 

archery only hunting areas north of 

Hudson Road are those portions of the 

refuge that are external to Patrol Road 

from its southerly intersection with 

White Pond Road, northwesterly and 

then easterly, to its intersection with 

Old Marlborough Road. 

2. We require refuge permits. 

3. You must possess and carry all 

applicable hunting licenses, permits, 

stamps, and a photographic 

identification while hunting on the 

refuge. 

4. We prohibit use of motorized 

vehicles on the refuge. The refuge will 

provide designated parking areas for 

hunters. Consult the refuge manager for 

further details. 

5. During any season when it is legal 

to hunt deer with a shotgun or 

muzzleloader, we require all hunters to 

wear a minimum of 500 square inches 

(3,250 cm2) of solid-orange clothing or 

material in a conspicuous manner on 

their chest, back, and head. During all 

other times, if you are engaged in 

woodcock hunting on the refuge, you 

must wear a minimum of a solid-orange 

hat. 

6. We prohibit the use of electronic 

calls during any hunting season. 

7. We prohibit trimming or cutting of 

branches larger than the diameter of a 

quarter (see § 27.61 of this chapter). 

8. We prohibit the marking any tree or 

other refuge feature with flagging, paint, 

reflective material, or any other 

substance (see § 27.61 of this chapter). 

9. You may scout hunting areas on the 

refuge once you have obtained a refuge 

permit. Scouting may begin no earlier 

than 1 month from the opening day of 

the hunting season. We prohibit the use 

of dogs during scouting. 

10. We allow hunters to enter the 

refuge 11⁄2 hours before legal hunting 

hours, and they must leave the refuge no 

later than 11⁄2 hours after legal sunset. 

11. For seasons wherein State 

regulations allow use of dogs, we allow 

no more than two dogs per hunting 

party. We prohibit the training of dogs 

on the refuge. 

B. Upland Game Hunting. We allow 

upland game hunting on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We allow shotgun hunting for 

ruffed grouse, cottontail rabbit, and gray 

squirrel within those portions of the 

refuge located north of Hudson Road, 

except those areas north of Hudson 

Road designated as ‘‘archery only’’

hunting on the current refuge hunting 

map. These archery only hunting areas 

north of Hudson Road are those portions 

of the refuge that are external to Patrol 

Road from its southerly intersection 

with White Pond Road, northwesterly 

and then easterly, to its intersection 

with Old Marlborough Road. 

2. Conditions A2, A3, A4, A6, A7, A8, 

A9, A10, and A11 apply. 

3. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

4. We prohibit construction or use of 

any permanent structure while hunting 

on the refuge. You must remove all 

temporary blinds each day (see §§ 27.93 

and 27.94 of this chapter). 

5. During seasons when it is legal to 

hunt deer with a shotgun or 

muzzleloader, we require all hunters, 

including archers and small game 

hunters, to wear a minimum of 500 

square inches (3,250 cm2) of solidorange clothing or material in a 

conspicuous manner on their chest, 

back, and head. During all other times, 

if you are engaged in ruffed grouse, 

squirrel, or cottontail rabbit hunting on 

the refuge, you must wear a minimum 

of a solid-orange hat. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow shotgun and 

muzzleloader hunting of white-tailed 

deer, as well as shotgun hunting of 

turkey, within the portions of the refuge 

located north of Hudson Road, except 

those areas north of Hudson Road that 

are designated as ‘‘archery only’’

hunting on the current refuge hunting 

map. These archery only hunting areas 

north of Hudson Road are those portions 

of the refuge that are external to Patrol 

Road from its southerly intersection 

with White Pond Road, northwesterly 

and then easterly, to its intersection 

with Old Marlborough Road. 

2. We allow archery deer and archery 

turkey hunting within all portions of the 

refuge during the hunting seasons for 

these species. 

3. We require refuge permits. We limit 

the numbers of deer and turkey hunters 

allowed to hunt on the refuge. If the 

number of applications to hunt these 

species received is greater than the 

number of permits available, we will 

issue permits by random selection. 

4. Conditions A3, A4, A6, A7, A8, A9, 

and A10 apply. 

5. During seasons when it is legal to 

hunt deer with a shotgun or 

muzzleloader, we require all hunters, 

including archers, to wear a minimum 

of 500 square inches (3,250 cm2) of 

solid-orange clothing or material in a 

conspicuous manner on their chest, 

back, and head. 

6. You may use decoys to hunt turkey. 

7. We prohibit driving deer by any 

means on the refuge. 

8. We prohibit construction or use of 

permanent structures while hunting. We 

prohibit driving a nail, spike, screw, or 

other metal object into any tree or 

hunting from any tree into which a nail, 

spike, screw, or other object has been 

driven (see § 32.2(i)). 

9. You may use temporary tree stands 

while engaged in hunting deer during 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54177 

the applicable archery, shotgun, or 

muzzleloader deer seasons. You must 

remove all stands or any blinds by legal 

sunset each day (see §§ 27.93 and 27.94 

of this chapter). We require all tree 

stands to have the name and address of 

the owner clearly printed on the stand. 

10. We prohibit possession of 

buckshot while hunting during any 

season on the refuge. 

D. Sport Fishing. We allow sport 

fishing in Puffer Pond in accordance 

with State regulations subject to the 

following conditions: 

1. We allow fishing from 

nonmotorized canoes and car-top boats, 

as well as from designated locations on 

the banks of Puffer Pond. We prohibit 

the use of trailers to launch or retrieve 

canoes or boats on the refuge. 

2. We allow catch and release fishing 

only. 

3. We prohibit the use of live bait. 

4. We prohibit lead sinkers. 

5. We prohibit taking of frogs or 

turtles on the refuge (see § 27.21 of this 

chapter). 

6. You may fish on Puffer Pond from 1⁄2 hour before legal sunrise to 1⁄2 hour 

after legal sunset. 

7. We prohibit night fishing or ice 

fishing on the refuge. 

8. We prohibit open fires anywhere on 

the refuge. 

9. The refuge will provide designated 

parking areas for anglers. Consult the 

refuge manager for further details. 

Great Meadows National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of ducks and geese on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require refuge permits. We limit 

the numbers of waterfowl hunters 

allowed to hunt on the refuge. If the 

number of applications received to hunt 

waterfowl is greater than the number of 

permits available, we will issue permits 

by random selection. 

2. We will provide waterfowl hunters 

maps showing the portions of the refuge 

designated as open. 

3. You must possess and carry all 

applicable hunting licenses, permits, 

stamps, and a photographic 

identification while hunting on the 

refuge. 

4. We prohibit construction or use of 

any permanent structure while hunting 

on the refuge. You must remove all 

temporary blinds by legal sunset each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

5. We prohibit use of motorized 

vehicles on the refuge. 

6. Except while hunting waterfowl 

from a blind or from a boat, you must 

wear a minimum of 500 square inches 

(3,250 cm2) of solid-orange clothing or 

material in a conspicuous manner on 

your chest, back, and head during any 

season when it is legal to hunt deer with 

a shotgun or muzzleloader. 

7. We prohibit the use of electronic 

calls during any hunting season. 

8. We prohibit trimming or cutting of 

branches larger than the diameter of a 

quarter (see § 27.61 of this chapter). 

9. We prohibit the marking any tree or 

other refuge feature with flagging, paint, 

reflective material or any other 

substance (see § 27.61 of this chapter). 

10. You may scout hunting areas on 

the refuge once you have obtained a 

refuge permit. Scouting may begin no 

earlier than 1 month from the opening 

day of the hunting season. We prohibit 

the use of dogs during scouting. 

11. We allow hunters to enter the 

refuge 11⁄2 hours before legal hunting 

hours, and they must leave the refuge no 

later than 11⁄2 hours after legal sunset. 

12. We allow no more than two dogs 

per hunting party. We prohibit the 

training of dogs on the refuge. 

B. Upland Game Hunting. [Reserved.] 

C. Big Game Hunting. We allow 

archery hunting of whitetail deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow archery hunting of 

whitetail deer within the portions of the 

Concord Unit of the refuge that are 

located north of Massachusetts Route 

225. We also allow archery hunting of 

whitetail deer within the portions of the 

Sudbury Unit of the refuge that are 

located north of Stonebridge Road in 

Wayland, Massachusetts and south of 

Lincoln Road/Sherman’s Bridge Road 

on the Sudbury and Wayland Town 

Line. 

2. We prohibit the use of firearms for 

hunting deer on the refuge. However, 

you may archery hunt in the portions of 

the refuge that are open for deer hunting 

during the archery, shotgun, and 

muzzleloader seasons established by the 

State. 

3. We require refuge permits. We limit 

the numbers of deer hunters allowed to 

hunt on the refuge. If the number of 

applications received to hunt deer on 

the refuge is greater than the number of 

permits available, we will issue permits 

by random selection. 

4. Conditions A3, A5, A7, A8, A9, 

A10, and A11 apply. 

5. During seasons when it is legal to 

hunt deer with a shotgun or 

muzzleloader, we require all hunters, 

including archers, to wear a minimum 

of 500 square inches (3,250 cm2) of 

solid-orange clothing or material in a 

conspicuous manner on their chest, 

back, and head. 

6. We prohibit the use of decoys to 

hunt deer on the refuge. 

7. We prohibit driving deer by any 

means on the refuge. 

8. We prohibit construction or use of 

permanent structures while hunting. We 

prohibit driving nails, spikes, screws, or 

other metal object into any tree or 

hunting from any tree in which a nail, 

spike, screw, or other object has been 

driven (see § 32.2(i)). 

9. You may use temporary tree stands 

while engaged in hunting deer. You 

must remove all stands or any blinds by 

legal sunset (see §§ 27.93 and 27.94 of 

this chapter). We require all tree stands 

to have the name and address of the 

owner clearly printed on the stand. 

D. Sport Fishing. We allow sport 

fishing in designated areas of the refuge 

in accordance with State regulations 

subject to the following condition: We 

allow fishing along the main channels of 

the Concord and Sudbury Rivers and 

from designated banks of Heard Pond. 

We limit access to Heard Pond to foot 

traffic only. 

Oxbow National Wildlife Refuge 

A. Hunting of Migratory Game Birds. 

We allow hunting of waterfowl, 

woodcock, and common snipe on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow waterfowl and common 

snipe hunting within the portions of the 

refuge located south of Massachusetts 

Route 2 and west of the B&M railroad 

tracks. 

2. We allow woodcock hunting within 

the portions of the refuge south of 

Massachusetts Route 2 and west of the 

B&M railroad tracks; north of 

Massachusetts Route 2 and south of 

Hospital Road; as well as within the 

portions of the refuge along the westerly 

side of the Nashua River located north 

of the commuter rail tracks in Shirley, 

Massachusetts. 

3. We require refuge permits. We limit 

the numbers of waterfowl hunters 

allowed to hunt on the refuge. If the 

number of applications received to hunt 

waterfowl is greater than the number of 

permits available, we will issue permits 

by random selection. 

4. You must possess and carry all 

applicable hunting licenses, permits, 

stamps, and a photographic 

identification while hunting on the 

refuge. 

5. We prohibit construction or use of 

any permanent structure while hunting 

on the refuge. You must remove all 

temporary blinds each day (see §§ 27.93 

and 27.94 of this chapter). 

54178 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

6. We prohibit use of motorized 

vehicles on the refuge. 

7. With the exception of waterfowl 

hunters hunting within a blind or from 

a boat, during any season when it is 

legal to hunt deer with a shotgun or 

muzzleloader, we require all hunters to 

wear a minimum of 500 square inches 

(3,250 cm2) of solid-orange clothing or 

material in a conspicuous manner on 

their chest, back, and head. During all 

other times, if you are engaged in 

woodcock hunting on the refuge, you 

must wear a minimum of a solid-orange 

hat. 

8. We prohibit the use of electronic 

calls during any hunting season. 

9. We prohibit trimming or cutting of 

branches larger than the diameter of a 

quarter (see § 27.51 of this chapter). 

10. We prohibit the marking any tree 

or other refuge feature with flagging, 

paint, reflective material, or any other 

substance (see § 27.51 of this chapter). 

11. You may scout hunting areas on 

the refuge once you have obtained a 

refuge permit. Scouting may begin no 

earlier than 1 month from the opening 

day of the hunting season. We prohibit 

the use of dogs during scouting. 

12. We allow hunters to enter the 

refuge 11⁄2 hours before legal hunting 

hours, and they must leave the refuge no 

later than 11⁄2 hours after legal sunset. 

13. For seasons wherein State 

regulations allow use of dogs, we allow 

no more than two dogs per hunting 

party. We prohibit the training of dogs 

on the refuge. 

B. Upland Game Hunting. We allow 

upland game hunting on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We allow shotgun hunting of ruffed 

grouse, cottontail rabbit, and gray 

squirrels within the areas of the refuge 

located south of Massachusetts Route 2 

and west of the B&M railroad tracks; 

north of Massachusetts Route 2 and 

south of Hospital Road; and, within the 

portions of the refuge along the westerly 

side of the Nashua River located north 

of the commuter rail tracks in Shirley, 

Massachusetts, subject to the following 

conditions: 

2. We require refuge permits. 

3. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

4. Conditions A4, A5, A6, A8, A9, 

A10, A11, A12, and A13 apply. 

5. With the exception of waterfowl 

hunters hunting within a blind or from 

a boat, during seasons when it is legal 

to hunt deer with a shotgun or 

muzzleloader, we require all hunters, 

including archers and small game 

hunters, to wear a minimum of 500 

square inches (3,250 cm2) of solidorange clothing or material in a 

conspicuous manner on their chest, 

back, and head. During all other times, 

if you are engaged in ruffed grouse, 

squirrel, or cottontail rabbit hunting on 

the refuge, you must wear a minimum 

of a solid-orange hat. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow shotgun, archery, and 

muzzleloader hunting of white-tailed 

deer, as well as shotgun and archery 

hunting of turkey, within the portions of 

the refuge located south of 

Massachusetts Route 2 and west of the 

B&M railroad tracks. 

2. We allow archery deer and archery 

turkey hunting within the portions of 

the refuge located south of 

Massachusetts Route 2 and east of the 

B&M railroad tracks, as well as within 

the portions of the refuge along the 

easterly side of the Nashua River located 

north of the commuter rail tracks in 

Ayer, Massachusetts. 

3. We allow archery deer hunting as 

well as shotgun and archery turkey 

hunting within the portions of the 

refuge located north of Massachusetts 

Route 2 and south of Hospital Road; 

and, within the portions of the refuge 

along the westerly side of the Nashua 

River located north of the commuter rail 

tracks in Shirley, MA. 

4. We require refuge permits. We limit 

the numbers of deer and turkey hunters 

allowed to hunt on the refuge. If the 

number of applications received to hunt 

these species is greater than the number 

of permits available, we will issue 

permits by random selection. 

5. Conditions A4, A6, A8, A9, A10, 

A11, and A12 apply. 

6. With the exception of waterfowl 

hunters hunting within a blind or from 

a boat, during seasons when it is legal 

to hunt deer with a shotgun or 

muzzleloader, we require all hunters, 

including archers, to wear a minimum 

of 500 square inches (3,250 cm2) of 

solid-orange clothing or material in a 

conspicuous manner on their chest, 

back, and head. 

7. Hunters may only use decoys to 

hunt turkey. 

8. We prohibit driving deer by any 

means on the refuge. 

9. We prohibit construction or use of 

permanent structures while hunting. 

You may not drive nails, spikes, screws 

or other metal object into any tree or 

hunt from any tree in which a nail, 

spike, screw or other object has been 

driven (see § 32.2(i)). 

10. You may use temporary tree 

stands while engaged in hunting deer 

during the applicable archery, shotgun, 

or muzzleloader deer seasons. You must 

remove all stands or any blinds by legal 

sunset (see §§ 27.93 and 27.94 of this 

chapter). We require all tree stands to 

have the name and address of the owner 

clearly printed on the stand. 

11. We prohibit possession of 

buckshot while hunting during any 

season on the refuge. 

D. Sport Fishing. We allow sport 

fishing along the banks of the Nashua 

River in accordance with State 

regulations. 

* * * * * 

■ 19. Amend § 32.42 Minnesota by: 

■ a. Revising paragraph C. of Agassiz 

National Wildlife Refuge; 

■ b. Revising the introductory text of 

paragraph B., adding paragraphs B.4. 

and B.5. and revising paragraph C. of 

Big Stone National Wildlife Refuge; 

■ c. Adding Big Stone Wetland 

Management District; 

■ d. Revising Detroit Lakes Wetland 

Management District; 

■ e. Revising paragraph A.3., adding 

paragraphs A.4. through A.6., revising 

paragraph B., adding paragraph C.3., 

and revising paragraph D.1. of Fergus 

Falls Wetland Management District; 

■ f. Adding Glacial Ridge National 

Wildlife Refuge; 

■ g. Adding paragraph A.5., revising 

paragraph B., and adding paragraphs 

C.3. and D.3. of Litchfield Wetland 

Management District; 

■ h. Revising paragraph A., and adding 

paragraphs B.4. and C.7. of Minnesota 

Valley National Wildlife Refuge; 

■ i. Adding Minnesota Valley Wetland 

Management District; 

■ j. Revising paragraph A.3., adding 

paragraph A.4., revising paragraph B., 

adding paragraph C.3., and revising 

paragraph D.1. of Morris Wetland 

Management District; 

■ k. Adding paragraphs A.4. and A.5., 

revising paragraph B.2., and adding 

paragraphs B.4., C.4. and D. of Northern 

Tallgrass Prairie National Wildlife 

Refuge; 

■ l. Adding paragraphs A.2. through 

A.4., B.3., C.5., and D.4. of Rice Lake 

National Wildlife Refuge; 

■ m. Adding paragraph C.5. and 

revising paragraph D. of Rydell National 

Wildlife Refuge; 

■ n. Revising the introductory text of 

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

paragraph A.4., and adding paragraphs 

A.6., A.7., B.3., C.5., and C.6. of 

Sherburne National Wildlife Refuge; 

■ o. Revising the introductory text of 

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

paragraph A.2., and adding paragraphs 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54179 

A.3., A.4., B.5., C.4., D.5., and D.6. of 

Tamarac National Wildlife Refuge; and 

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

of Windom Wetland Management 

District to read as follows: 

§ 32.42 Minnesota. 

* * * * * 

Agassiz National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and moose 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Hunters may use portable stands. 

Hunters may not construct or use 

permanent blinds, permanent platforms, 

or permanent ladders. 

2. You must remove all stands and 

personal property from the refuge by 

legal sunset each day (see §§ 27.93 and 

27.94 of this chapter). 

3. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

4. We prohibit the use of snowmobiles 

and ATVs. 

5. We allow the use of wheeled, 

nonmotorized conveyance devices (i.e., 

bikes, retrieval carts) except in the 

Wilderness Area. 

6. We allow the use of nonmotorized 

boats and canoes. 

7. We prohibit entry into the ‘‘Closed 

Areas’’. 

8. We prohibit camping. 

* * * * * 

Big Stone National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of partridge, pheasant, wild 

turkey, gray and fox squirrel, cottontail 

and jack rabbit, red and gray fox, 

raccoon, and striped skunk on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

4. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

5. We prohibit camping. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Hunters may use portable stands. 

Hunters may not construct or use 

permanent blinds, permanent platforms, 

or permanent ladders. 

2. You must remove all stands and 

personal property from the refuge by 

legal sunset each day (see §§ 27.93 and 

27.94 of this chapter). 

3. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

4. We prohibit camping. 

* * * * * 

Big Stone Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

throughout the district in accordance 

with State regulations subject to the 

following conditions: 

1. We prohibit the use of motorized 

boats. 

2. We prohibit the construction or use 

of permanent blinds, stands, or 

scaffolds. 

3. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the WPA each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

4. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

5. We prohibit camping. 

B. Upland Game Hunting. We allow 

upland game hunting throughout the 

district in accordance with State 

regulations subject to the following 

conditions: Conditions A4 and A5 

apply. 

C. Big Game Hunting. We allow big 

game hunting throughout the district in 

accordance with State regulations 

subject to the following conditions: 

1. Hunters may use portable stands. 

Hunters may not construct or use 

permanent blinds, permanent platforms, 

or permanent ladders. 

2. You must remove all stands and 

personal property from the WPAs each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

3. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

4. Condition A5 applies. 

D. Sport Fishing. We allow fishing 

throughout the district in accordance 

with State regulations subject to the 

following conditions: 

1. We prohibit the use of motorized 

boats. 

2. You must remove all ice fishing 

shelters and all other personal property 

from the WPAs each day (see § 27.93 of 

this chapter). 

3. Condition A5 applies. 

Detroit Lakes Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

throughout the district in accordance 

with State regulations, except that we 

prohibit hunting on the Headquarters 

Waterfowl Production Area (WPA) in 

Becker County, the Hitterdal WPA in 

Clay County, and the McIntosh WPA in 

Polk County. The following conditions 

apply: 

1. We prohibit the use of motorized 

boats. 

2. We prohibit the construction or use 

of permanent blinds, stands, or scaffolds 

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

3. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the WPAs each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

4. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

season. 

5. We prohibit camping. 

B. Upland Game Hunting. We allow 

upland game hunting in accordance 

with State regulations throughout the 

district (except that we allow no 

hunting on the Headquarters Waterfowl 

Production Area [WPA] in Becker 

County, the Hitterdal WPA in Clay 

County, and the McIntosh WPA in Polk 

County) subject to the following 

conditions: Conditions A4 and A5 

apply. 

C. Big Game Hunting. We allow big 

game hunting in accordance with State 

regulations throughout the district, 

except that we prohibit hunting on the 

Headquarters Waterfowl Production 

Area (WPA) in Becker County, the 

Hitterdal WPA in Clay County, and the 

McIntosh WPA in Polk County. The 

following conditions apply: 

1. Hunters may use portable stands. 

Hunters may not construct or use 

permanent blinds, permanent platforms, 

or permanent ladders. 

2. You must remove all stands and 

personal property from the WPAs each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

3. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

4. Condition A5 applies. 

D. Sport Fishing. We allow fishing in 

accordance with State regulations 

throughout the district subject to the 

following conditions: 

1. You must remove all ice fishing 

shelters and all other personal property 

from the WPAs each day (see § 27.93 of 

this chapter). 

2. Condition A5 applies. 

Fergus Falls Wetland Management 

District 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

54180 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

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

4. We prohibit the construction or use 

of permanent blinds, stands, or scaffolds 

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

5. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

6. We prohibit camping. 

B. Upland Game Hunting. We allow 

upland game hunting throughout the 

district (except that we prohibit hunting 

on the Townsend, Headquarters, Mavis, 

and Gilmore WPAs in Otter Tail County, 

and Larson WPA in Douglas County) in 

accordance with State regulations 

subject to the following conditions: 

Conditions A3 and A6 apply. 

C. Big Game Hunting. * * * 

* * * * * 

3. Condition A6 applies. 

D. Sport Fishing. * * * 

1. Conditions A1 and A6 apply. 

Glacial Ridge National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, coot, 

woodcock, snipe, rail, and mourning 

dove on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We prohibit all types of watercraft. 

2. We restrict vehicles to designated 

parking lots (see § 27.31 of this chapter). 

B. Upland Game Hunting. We allow 

hunting of prairie chicken and sharptailed grouse on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Only those hunters selected by the 

Minnesota Department of Natural 

Resources to hunt prairie chicken may 

hunt sharp-tailed grouse. 

2. Condition A2 applies. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. You must remove all stands from 

the refuge at the end of each day’s hunt. 

2. Condition A2 applies. 

D. Sport Fishing. [Reserved] 

Litchfield Wetland Management 

District 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

5. We prohibit camping. 

B. Upland Game Hunting. We allow 

upland game hunting throughout the 

district (except we prohibit hunting on 

the Phare Lake Waterfowl Production 

Area in Renville County) in accordance 

with State regulations subject to the 

following conditions: Conditions A4 

and A5 apply. 

C. Big Game Hunting. * * * 

* * * * * 

3. Condition A5 applies. 

D. Sport Fishing. * * * 

* * * * * 

3. Condition A5 applies. 

Minnesota Valley National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, and coot 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require permit for special 

hunts. 

2. We prohibit the use of motorized 

boats. 

3. We prohibit the construction or use 

of permanent blinds, stands, or 

scaffolds. 

4. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the refuge each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

5. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

season. 

6. We prohibit entry to hunting areas 

earlier than 2 hours before legal 

shooting hours. 

7. We prohibit camping. 

B. Upland Game Hunting. * * * 

* * * * * 

4. Conditions A5 and A7 apply. 

C. Big Game Hunting. * * * 

* * * * * 

7. Conditions A6 and A7 apply. 

* * * * * 

Minnesota Valley Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

throughout the district in accordance 

with State regulations subject to the 

following conditions: 

1. We prohibit the use of motorized 

boats. 

2. We prohibit the construct or use of 

permanent blinds, stands, or scaffolds. 

3. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the WPAs each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

4. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

5. We prohibit camping. 

B. Upland Game Hunting. We allow 

upland game hunting throughout the 

district in accordance with State 

regulations subject to the following 

conditions: Conditions A4 and A5 

apply. 

C. Big Game Hunting. We allow big 

game hunting throughout the district in 

accordance with State regulations 

subject to the following conditions: 

1. Hunters may use portable stands. 

Hunters may not construct or use 

permanent blinds, permanent platforms, 

or permanent ladders. 

2. Hunters may not possess single 

shot projectiles (shotgun slugs or 

bullets) on the Soberg Waterfowl 

Production Area. 

3. You must remove all stands and 

personal property from the WPAs at the 

end of each day (see §§ 27.93 and 27.94 

of this chapter). 

4. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

5. Condition A5 applies. 

D. Sport Fishing. We allow sport 

fishing throughout the district in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 and A5 apply. 

2. You must remove all ice fishing 

shelters and all other personal property 

from the WPAs each day (see §§ 27.93 

and 27.94 of this chapter). 

Morris Wetland Management District 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

4. We prohibit camping. 

B. Upland Game Hunting. We allow 

hunting of upland game, except that we 

prohibit hunting on the designated 

portions of the Edward-Long Lake 

Waterfowl Production Area in Stevens 

County, in accordance with State 

regulations subject to the following 

conditions: Conditions A3 and A4 

apply. 

C. Big Game Hunting. * * * 

* * * * * 

3. Condition A4 applies. 

D. Sport Fishing. * * * 

1. Conditions A1 and A4 apply. 

* * * * * 

Northern Tallgrass Prairie National 

Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54181 

4. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

5. We prohibit camping. 

B. Upland Game Hunting. * * * 

* * * * * 

2. We prohibit the use of dogs for 

hunting furbearers. We allow the use of 

hunting dogs, provided the dog is under 

the immediate control of the hunter at 

all times during the State-approved 

hunting season (see § 26.21(b) of this 

chapter). 

* * * * * 

4. Condition A5 applies. 

C. Big Game Hunting. * * * 

* * * * * 

4. Condition A5 applies. 

D. Sport Fishing. [Reserved] 

Rice Lake National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. We require that the visible portion 

of at least one article of clothing worn 

above the waist be blaze orange. 

3. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

4. We prohibit camping. 

B. Upland Game Hunting. * * * 

* * * * * 

3. Conditions A3 and A4 apply. 

C. Big Game Hunting. * * * 

* * * * * 

5. Condition A4 applies. 

D. Sport Fishing. * * * 

* * * * * 

4. Condition A4 applies. 

Rydell National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

5. We prohibit camping. 

D. Sport Fishing. We allow sport 

fishing on Tamarac Lake in accordance 

with State regulations subject to the 

following conditions: 

1. We only allow fishing from 

designated fishing piers. 

2. We allow fishing from May 1 to 

November 1. 

3. We allow parking at designated 

parking lots only (see § 27.31 of this 

chapter). 

4. Condition C5 applies. 

Sherburne National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, coot, rail, 

woodcock, and snipe on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

* * * * * 

4. We prohibit entry to hunting areas 

earlier than 2 hours before legal 

shooting hours. 

* * * * * 

6. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times, during the State-approved 

hunting season (see § 26.21(b) of this 

chapter). 

7. We prohibit camping. 

B. Upland Game Hunting. We allow 

hunting of ruffed grouse, ring-necked 

pheasant, gray and fox squirrel, 

snowshoe hare, cottontail rabbit, and 

jackrabbit on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

* * * * * 

3. Conditions A6 and A7 apply. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulation subject 

to the following conditions: 

* * * * * 

5. We prohibit deer pushes or deer 

drives in the areas closed to deer 

hunting. 

6. Conditions A4 and A7 apply. 

* * * * * 

Tamarac National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow the hunting of goose, duck, coot, 

woodcock, and snipe on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

* * * * * 

2. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the refuge each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

3. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times, during the State-approved 

hunting season (see § 26.21(b) of this 

chapter). 

4. We prohibit camping. 

B. Upland Game Hunting. We allow 

hunting of ruffed grouse, red, gray, and 

fox squirrel, cottontail rabbit, jackrabbit, 

snowshoe hare, red fox, raccoon, and 

striped skunk on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

* * * * * 

5. Conditions A3 and A4 apply. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

4. Condition A4 applies. 

D. Sport Fishing. * * * 

* * * * * 

5. You must remove all ice fishing 

shelters and all other personal property 

from the refuge each day (see §§ 27.93 

and 27.94 of this chapter). 

6. Condition A4 applies. 

* * * * * 

Windom Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

throughout the district in accordance 

with State regulations subject to the 

following conditions: 

1. We prohibit hunting on the 

Worthington Waterfowl Production 

Area (WPA) in Nobles County, or 

designated portions of the Wolf Lake 

WPA in Cottonwood County. 

2. We prohibit the use of motorized 

boats. 

3. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the WPAs at 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). 

4. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times during the State-approved hunting 

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

5. We prohibit camping. 

* * * * * 

C. Big Game Hunting. We allow 

hunting of big game throughout the 

district in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit hunting on the 

Worthington WPA in Nobles County, 

Headquarters WPA in Jackson County, 

and designated portions of the Wolf 

Lake WPA in Cottonwood County. 

2. We allow the use of portable 

stands. Hunters may not construct or 

use permanent blinds, permanent 

platforms, or permanent ladders. 

3. You must remove all stands and 

personal property from the WPAs at the 

end of each day (see §§ 27.93 and 27.94 

of this chapter). 

4. We prohibit hunters occupying 

ground and tree stands that are illegally 

set up or constructed. 

D. Sport Fishing. We allow fishing 

throughout the district in accordance 

with State regulations subject to the 

following conditions: 

1. Conditions A2 and A5 apply. 

2. You must remove all ice fishing 

shelters and other personal property 

54182 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

from the WPAs each day (see § 27.93 of 

this chapter). 

■ 20. Amend § 32.43 Mississippi by 

revising paragraph D. of Noxubee 

National Wildlife Refuge to read as 

follows: 

§ 32.43 Mississippi. 

* * * * * 

Noxubee National Wildlife Refuge 

* * * * * 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. The sport fishing, boating, and bow 

fishing seasons extend from March 1 

through October 31, except for the 

Noxubee River and borrow pit areas 

along Highway 25 that are open yearround. 

2. We prohibit anglers leaving boats 

overnight on the refuge (see § 27.93 of 

this chapter). 

3. Anglers must keep boat travel at 

idle speed, and they must not create a 

wake when moving. 

4. We prohibit limb lines, snag lines, 

and hand grappling in Ross Branch, 

Bluff, and Loakfoma Lakes. 

5. Anglers must tag pole and set hooks 

with their name and address when 

using them in rivers, creeks, and other 

water bodies. Anglers must remove 

these devices when not in use. 

6. Trotlining: 

i. Anglers must label each end of the 

trotline floats with the owner’s name 

and address. 

ii. We limit trotlines to one line per 

person, and we allow no more than two 

trotlines per boat. 

iii. Anglers must tend all trotlines 

every 24 hours and remove them when 

not in use. 

7. Jug fishing: 

i. Anglers must label each jug with 

their name and address. 

ii. Anglers must attend all jugs every 

24 hours and remove them when not in 

use. 

8. We require a Special Use Permit for 

night time bow fishing. 

* * * * * 

■ 21. Amend § 32.44 Missouri by: 

■ a. Revising the introductory text of 

paragraph C., revising paragraph C.5. 

and adding paragraph C.6. of Big Muddy 

National Fish and Wildlife Refuge; 

■ b. Adding paragraph A.3., revising 

paragraph B.1., adding paragraphs B.8. 

and B.9., revising paragraph C.4., adding 

paragraphs C.5. through C.8., and 

revising paragraph D.8. of Mingo 

National Wildlife Refuge; and 

■ c. Revising paragraph A. of Squaw 

Creek National Wildlife Refuge to read 

as follows: 

§ 32.44 Missouri. 

* * * * * 

Big Muddy National Fish and Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of deer and turkey on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

5. You must unload or dismantle and 

case all firearms while transporting 

them in a motor vehicle (see § 27.42(b) 

of this chapter). 

6. We restrict deer hunters on the 

Boone’s Crossing Unit to archery 

methods only except for hunters on 

Johnson Island where State-allowed 

methods of take are in effect. 

* * * * * 

Mingo National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. We prohibit the use of paint, 

flagging, reflectors, tacks, or other 

manmade materials to mark trails or 

hunting locations (see § 27.61 of this 

chapter). 

B. Upland Game Hunting. * * * 

1. The Public Hunting Area and the 

road leading to the area from the Hunter 

Sign-In Station are open 11⁄2 hours 

before legal sunrise until 11⁄2 hours after 

legal sunset. 

* * * * * 

8. We require that all hunters wear a 

hat and a shirt, vest, or coat of hunter 

orange that is plainly visible from all 

sides during the overlapping portion of 

the squirrel and archery deer seasons. 

9. Condition A3 applies. 

C. Big Game Hunting. * * * 

* * * * * 

4. Condition B8 applies. 

5. We prohibit the use of salt or 

mineral blocks. 

6. We only allow portable tree stands 

from 2 weeks before to 2 weeks after the 

State archery deer season. You must 

clearly mark all stands with the owner’s 

name, address, and phone number. 

7. We only allow one tree stand per 

deer hunter. 

8. Condition A3 applies. 

D. Sport Fishing. * * * 

* * * * * 

8. We allow the take of common 

snapping turtle and soft-shelled turtle 

only using pole and line. We require all 

anglers immediately release all alligator 

snapping turtles (see § 27.21 of this 

chapter). 

Squaw Creek National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of light geese on 

designated areas of the refuge in 

accordance with State regulations 

during the spring conservation order 

season subject to the following 

conditions: 

1. Hunters must remain within direct 

sight of the guide in the hunt boundary 

at all times. 

2. We allow the guide and hunters 

into the hunt boundary up to 2 hours 

prior to legal shooting time. 

3. Hunting will stop at 12 p.m. (noon), 

and hunters must be out of the fields by 

2 p.m. 

4. We allow hunting dogs, portable 

blinds, and decoys at the discretion of 

the guide. 

5. We prohibit pit blinds. 

6. Hunting dogs must be under the 

immediate control of their handlers at 

all times (see § 26.21 of this chapter). 

7. We prohibit retrieving crippled 

geese outside of the hunt boundary, 

including adjacent private land. This 

includes retrieval by hunting dogs. 

8. We prohibit vehicles beyond the 

established parking area located 

adjacent to State Highway 118 (see 

§ 27.31 of this chapter). 

9. We prohibit ATV use on the refuge. 

10. Both the guide and hunters are 

responsible for ensuring that all trash, 

including spent shotgun shells are 

removed from the hunt area each day 

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

11. Violations of these rules may 

result in the revocation of the guide’s 

Special Use Permit as deemed 

appropriate by the refuge manager. 

* * * * * 

■ 22. Amend § 32.45 Montana by: 

■ a. Revising paragraphs A. and B. of 

Black Coulee National Wildlife Refuge; 

■ b. Revising paragraphs A. and B. of 

Bowdoin National Wildlife Refuge; 

■ c. Revising paragraph C. of Charles M. 

Russell National Wildlife Refuge; and 

■ d. Revising paragraph A. of Hewitt 

Lake National Wildlife Refuge to read as 

follows: 

§ 32.45 Montana. 

* * * * * 

Black Coulee National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, coot, 

swan, sandhill crane, and mourning 

dove on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We only allow nonmotorized boats 

on refuge waters. 

2. You must remove all boats, decoys, 

portable blinds, other personal property, 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54183 

and any materials brought onto the 

refuge for blind construction by legal 

sunset (see §§ 27.93 and 27.94 of this 

chapter). 

B. Upland Game Hunting. We allow 

hunting of pheasant, sharp-tailed 

grouse, sage grouse, gray partridge, fox, 

and coyote on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. You may only possess approved 

nontoxic shot (see § 32.2(k)). 

2. Fox and coyote hunters may only 

use centerfire rifles, rimfire rifles, or 

shotguns with approved nontoxic shot. 

3. We require game bird hunters to 

wear at least one article of blaze-orange 

clothing visible above the waist. 

* * * * * 

Bowdoin National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, coot, 

swan, sandhill crane, and mourning 

dove on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. You must check-in and check out 

of the refuge daily. Before hunting, each 

hunter must record the date, their name, 

and the time checking into the refuge on 

a register inside the Hunter Registration 

Kiosk at refuge headquarters. After 

hunting, each hunter must record 

hunting data (hours hunted waterfowl 

and/or upland game and the number of 

birds harvested) before departing the 

refuge. 

2. We prohibit air-thrust boats or 

boats with motors greater than 25 hp. 

3. You must remove all boats, decoys, 

portable blinds, other personal property, 

and any materials brought onto the 

refuge for blind construction by legal 

sunset (see §§ 27.93 and 27.94 of this 

chapter). 

B. Upland Game Hunting. We allow 

hunting of pheasant, sharp-tailed 

grouse, sage grouse, gray partridge, fox, 

and coyote on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Condition A1 applies. 

2. You must possess and carry a 

refuge Special Use Permit to hunt fox 

and coyotes. 

3. You may only possess approved 

nontoxic shot (see § 32.2(k)). 

4. Fox and coyote hunters may only 

use centerfire rifles, rimfire rifles, or 

shotguns with approved nontoxic shot. 

5. We require game bird hunters to 

wear at least one article of blaze-orange 

clothing visible above the waist. 

* * * * * 

Charles M. Russell National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of big game on designated areas 

of the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow the use of portable blinds 

and stands. You may install stands and 

blinds no sooner than August 1, and you 

must remove them by December 15 of 

each year. We limit each hunter to three 

stands or blinds. The hunter must have 

their name, address, phone number, and 

automated licensing system number 

(ALS) visibly marked on the stand. 

2. We allow hunting of elk on 

designated areas of the refuge. You must 

possess and carry a refuge permit to 

hunt elk on the refuge. 

* * * * * 

Hewitt Lake National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, coot, 

swan, sandhill crane, and mourning 

dove on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We prohibit air-thrust boats and 

boats with motors greater than 25 hp. 

2. You must remove all boats, decoys, 

portable blinds, other personal property, 

and any materials brought onto the 

refuge for blind construction by legal 

sunset (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

■ 23. Amend § 32.46 Nebraska by 

revising the introductory text of 

paragraph B. of Crescent Lake National 

Wildlife Refuge to read as follows: 

§ 32.46 Nebraska. 

* * * * * 

Crescent Lake National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of cottontail rabbit, jack rabbit, 

furbearer, coyote, ring-necked pheasant, 

and prairie grouse on designated areas 

of the refuge in accordance with State 

regulations subject to the following 

conditions: 

* * * * * 

■ 24. Amend § 32.48 New Hampshire by 

adding Silvio O. Conte National Fish 

and Wildlife Refuge to read as follows: 

§ 32.48 New Hampshire. 

* * * * * 

Silvio O. Conte National Fish and 

Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of duck, goose, common 

snipe, sora, Virginia rail, common 

moorhen, and American woodcock on 

the Pondicherry Division of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. You may only use portable blinds. 

You must remove all blinds, decoys, 

shell casings, and other personal 

equipment and refuse from the refuge by 

legal sunset (see §§ 27.93 and 27.94 of 

this chapter). 

2. You must wear in a conspicuous 

manner on the outermost layer of the 

head, chest, and back, a minimum of 

400 square inches (2,600 cm2) of hunterorange clothing or material, except 

when hunting waterfowl. 

3. We allow the use of retrieving dogs 

but dogs must be under voice command 

at all times (see § 26.21 of this chapter). 

4. We allow hunting during the hours 

stipulated under the State’s hunting 

regulations but no longer than from 1⁄2

hour before legal sunrise to 1⁄2 hour after 

legal sunset. We prohibit night hunting. 

You must unload all firearms (see 

§ 27.42 of this chapter) outside of legal 

hunting hours. 

5. We prohibit all-terrain vehicles 

(ATV’s or OHV’s). 

B. Upland Game Hunting. We allow 

hunting of coyote, fox, raccoon, 

woodchuck, red squirrel, eastern gray 

squirrel, porcupine, skunk, American 

crow, snowshoe hare, ring-necked 

pheasant, and ruffed grouse on the 

Pondicherry Division of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. You must wear in a conspicuous 

manner on the outermost layer of the 

head, chest, and back, a minimum of 

400 square inches (2,600 cm2) of hunterorange clothing or material. 

2. Conditions A3, A4, and A5 apply. 

3. We allow hunting of snowshoe hare 

and coyote with dogs from October 1 to 

March 15. You may hunt with trailing 

dogs on the refuge subject to the 

following conditions: 

i. We will only allow dog training 

outside the established hunting seasons 

under a Special Use Permit issued by 

the refuge manager. 

ii. We allow a maximum of four dogs 

per hunter. 

iii. You must pick up all dogs the 

same day you release them (see 

§ 26.21(b) of this chapter). 

C. Big Game Hunting. We allow 

hunting of white-tailed deer, moose, 

black bear, and wild turkey on the 

Pondicherry Division of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow bear hunting with dogs 

during the established State hound 

season. Hunting with trailing dogs on 

54184 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

the refuge will be subject to the 

following conditions: 

i. We allow a maximum of four dogs 

per hunter. 

ii. You must pick up all dogs the same 

day you release them (see § 26.21(b) of 

this chapter). 

2. We prohibit the use of bait (see 

§ 32.2(h)). 

3. We allow temporary tree stands and 

blinds, but you must remove them (see 

§§ 27.93 and 27.94 of this chapter) by 

the end of the season. Your name and 

address must be clearly visible on the 

tree stand. We prohibit nails, screws, or 

screw-in climbing pegs to build or 

access a stand or blind (See § 32.2(i)). 

4. You must wear in a conspicuous 

manner on the outermost layer of the 

head, chest, and back a minimum of 400 

square inches (2,600 cm2) of hunterorange clothing or material, except 

when hunting turkey or while engaged 

in archery hunting. 

5. Conditions A5 and A6 apply. 

6. We allow prehunt scouting of the 

refuge; however, we prohibit firearms 

during prehunt scouting. 

7. We will only allow dog training 

outside the established hunting seasons 

under a Special Use Permit issued by 

the Refuge Manager. 

D. Sport Fishing. [Reserved] 

■ 25. Amend § 32.50 New Mexico by 

revising paragraphs A.2. and B.3. of 

Bosque del Apache National Wildlife 

Refuge to read as follows: 

§ 32.50 New Mexico. 

* * * * * 

Bosque del Apache National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. We allow hunting of light goose on 

Monday, Wednesday, and Friday during 

a week in January to be determined by 

refuge staff. We will announce hunt 

dates by September 1 of the previous 

year. Hunters must report to the refuge 

headquarters by 4:45 a.m. each hunt 

day. Legal hunting hours will run from 

1⁄2 hour before legal sunrise and will not 

extend past 11:00 a.m. local time. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

3. We allow cottontail rabbit hunting 

between December 1 and the last day of 

February. 

* * * * * 

■ 26. Amend § 32.51 New York by: 

■ a. Revising paragraphs A.3.iii. and 

C.2.ii., and adding paragraph D.7. of 

Iroquois National Wildlife Refuge; and 

■ b. Revising paragraph C. of Wertheim 

National Wildlife Refuge to read as 

follows: 

§ 32.51 New York. 

* * * * * 

Iroquois National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. * * * 

* * * * * 

iii. Each youth must hunt with a 

preapproved, nonhunting adult (see 

refuge manager for details), who must be 

properly licensed to participate in the 

program. 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. * * * 

ii. Only youth hunters ages 12 to 17, 

accompanied by a properly licensed, 

preapproved nonhunting adult (see 

refuge manager for details), may hunt at 

the refuge on the first Sunday of the 

season. All youth hunters must register 

at the refuge headquarters and attend a 

mandatory orientation. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

7. We allow fishing and frogging from 

Schoolhouse Marsh dike and Center 

Marsh dike from July 15 to September 

30. 

* * * * * 

Wertheim National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of whitetail deer on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We allow archery and shotgun 

hunting of white-tailed deer within 

portions of the refuge on specific days 

between October 1 and January 31. 

2. We require refuge permits. We limit 

the number of deer hunters allowed to 

hunt on the refuge. We will issue 

permits by random selection. 

3. You must take the specified 

number of antlerless deer as noted in 

the refuge hunting regulations before 

taking an antlered deer. 

4. You must possess and carry all 

applicable and valid hunting licenses, 

permits, stamps, and a photographic 

identification while hunting on the 

refuge. 

5. You must possess proof of 

completion of the refuge-specific 

orientation program upon check-in at 

the designated refuge hunting location. 

6. You must limit driving to 

designated access roads and park only 

in designated areas (see § 27.31 of this 

chapter). We prohibit use of motorized 

vehicles on the refuge to retrieve whitetailed deer. 

7. You must display refuge parking 

permits face-up on the vehicle 

dashboard while hunting. 

8. We allow hunters to enter the 

refuge 1 hour before legal hunting 

hours. Hunters must leave the refuge no 

later than 1 hour after legal sunset. 

9. We prohibit the use of dogs to hunt 

or pursue game. We prohibit driving 

deer by any means on the refuge. We 

prohibit the use of decoys to hunt deer 

on the refuge. 

10. We prohibit carrying a loaded 

weapon and/or discharge of a firearm 

within the designated 500-foot (150 m) 

‘‘No Hunt Buffer’’, vehicles, or parking 

areas (see § 27.42(b) of this chapter). 

11. We prohibit shooting directly into 

or towards the 500-foot (150 m) ‘‘No 

Hunt Buffer’’. 

12. We prohibit the killing or 

crippling of any deer without the hunter 

making reasonable effort to retrieve the 

deer and retain it in his/her actual 

custody. 

13. Hunters assigned to Unit 5 must 

hunt from portable tree stands and must 

direct aim away from a public road and/ 

or dwelling. 

14. You must have only shotgun 

shells loaded with slugs during the 

firearms season. 

15. You must wear a minimum of 400 

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

and back during the firearms season. 

Camouflage orange does not qualify. 

16. We prohibit construction or use of 

permanent structures while hunting. We 

prohibit driving a nail, spike, screw or 

other metal object into any tree or 

hunting from any tree on the refuge in 

which a nail, spike, screw or other 

object has been driven (see § 32.2(i)). 

17. You may use temporary or 

portable tree stands while hunting deer. 

You must remove all stands or any 

blinds by legal sunset (see §§ 27.93 and 

27.94 of this chapter). We require all 

tree stands to have the name and 

address of the owner clearly printed on 

the stand. 

18. You must report all accidents and 

injuries to refuge personnel as soon as 

possible and by no later than your 

departure from the refuge. 

19. Failure to comply with Federal, 

State, and/or refuge regulations will 

lead to dismissal from the refuge and 

elimination of participation in future 

hunts. 

20. You must abide all rules and 

regulations listed on the hunting permit. 

21. We prohibit the use of any bait, 

salt, or enticement (see § 32.2(h)). 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54185 

22. A nonhunting adult (see the refuge 

manager for details) with a valid State 

hunting license must accompany junior 

hunters. 

23. We prohibit the marking of any 

tree, trail, or other refuge feature with 

flagging, paint, reflective material or any 

other substance. 

24. You may scout hunting areas on 

the refuge only during designated times 

and days. We prohibit the use of dogs 

during scouting. 

25. We prohibit the use of electronic 

calls during any hunting season. 

26. We prohibit the trimming or 

cutting of branches larger than the 

diameter of a quarter (see § 27.61 of this 

chapter). 

* * * * * 

■ 27. Amend § 32.52 North Carolina by: 

■ a. Revising paragraph A.5., adding 

paragraphs A.6., and A.7., and revising 

paragraphs B. and C. of Alligator River 

National Wildlife Refuge; and 

■ b. Revising paragraph C.4. of Pocosin 

Lakes National Wildlife Refuge to read 

as follows: 

§ 32.52 North Carolina. 

* * * * * 

Alligator River National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

5. You may only possess approved 

nontoxic shot in the field (see § 32.2(k)). 

6. We allow retrieving dogs in 

designated areas. We prohibit the use of 

dogs in the Gum Swamp Unit. 

7. We open the refuge to daylight use 

only, except that we allow hunters to 

enter and remain in open hunting areas 

from 1 hour before legal shooting time 

until one hour after legal shooting time. 

B. Upland Game Hunting. * * * 

1. Conditions A1, A4, A5, and A7 

apply. 

2. We only allow dog training during 

the corresponding hunt season. 

3. We require a Special Use Permit to 

hunt raccoon or opossum from 1⁄2 hour 

after legal sunset until 1⁄2 hour before 

legal sunrise. 

4. We allow the use of dogs in 

designated areas as shown in the refuge 

Hunting Regulations and Permit Map 

brochure. 

C. Big Game Hunting. * * * 

1. Conditions A1, A4 (an adult may 

only supervise one youth hunter), A7 

and B2 apply. 

2. We close the Hyde county portion 

of the refuge to all hunting during State 

bear seasons. 

3. We only allow pursuit/trailing dogs 

in designated areas as shown in the 

Refuge Hunting Regulations and Permit 

Map brochure. 

4. Unarmed hunters may walk to 

retrieve stray dogs from closed areas and 

‘‘no dog hunting’’ areas. 

* * * * * 

Pocosin Lakes National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

4. You may only possess approved 

nontoxic shot (see § 32.2(k)) while 

hunting turkeys west of Evans Road and 

on the Pungo unit. You may use slugs, 

buckshot, and muzzleloader 

ammunition containing lead for deer 

hunting in these areas. We prohibit boar 

hunting on the Pungo Unit (they are 

only known to occur in the Frying Pan 

area of the refuge). 

* * * * * 

■ 28. Amend § 32.53 North Dakota by: 

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

of Arrowwood National Wildlife Refuge; 

■ b. Alphabetically adding Arrowwood 

Wetland Management District; 

■ c. Alphabetically adding Audubon 

Wetland Management District; 

■ d. Revising paragraph C. of Chase 

Lake National Wildlife Refuge; 

■ e. Alphabetically adding Chase Lake 

Wetland Management District; 

■ f. Alphabetically adding Crosby 

Wetland Management District; 

■ g. Revising Devils Lake Wetland 

Management District; 

■ h. Alphabetically adding J. Clark 

Salyer Wetland Management District; 

■ i. Alphabetically adding Kulm 

Wetland Management District; 

■ j. Revising paragraphs A., B., and C. of 

Lake Alice National Wildlife Refuge; 

■ k. Alphabetically adding Long Lake 

Wetland Management District; 

■ l. Alphabetically adding Lostwood 

Wetland Management District; 

■ m. Removing the listing for Rock Lake 

National Wildlife Refuge; 

■ n. Alphabetically adding Tewaukon 

Wetland Management District; 

■ o. Revising paragraph B.2. and D.13.ii. 

of Upper Souris National Wildlife 

Refuge; and 

■ p. Alphabetically adding Valley City 

Wetland Management District to read as 

follows: 

§ 32.53 North Dakota. 

* * * * * 

Arrowwood National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of pheasant, sharp-tailed 

grouse, partridge, cottontail rabbit, and 

fox on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunting on the day 

following the close of the State firearm 

deer season through the end of the 

regular upland bird season. 

2. We allow hunting of cottontail 

rabbit and fox on the day following the 

close of the State firearm deer season 

through March 31. 

3. We allow access by foot travel only. 

4. We prohibit open fires (see 

§ 27.95(a) of this chapter) and camping 

on the refuge. 

C. Big Game Hunting. We allow deer 

hunting on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit entering the refuge 

before legal shooting hours on the 

opening day of firearms deer season. 

Thereafter, you may enter, but not 

shoot, prior to legal hours. We require 

all hunters to be off the refuge 11⁄2 hours 

after legal sunset. 

2. We allow deer hunting on the 

refuge during the State Youth Deer 

Season except in designated closed 

areas around refuge headquarters, the 

wildlife observation area, and the auto 

tour route. Consult the refuge hunting 

map for open and closed hunting areas 

during the State Youth Deer Season. 

3. Firearm deer hunters may not enter 

the refuge after harvesting a deer unless 

unarmed (see § 27.42(b) of this chapter) 

and wearing blaze orange. 

4. We allow access by foot travel only. 

You may use a vehicle on designated 

refuge roads and trails to retrieve deer 

during the following times only: 9:30 to 

10 a.m.; 1:30 to 2 p.m.; and 1⁄2 hour after 

legal sunset for 1 hour. 

5. We allow only temporary tree 

stands and blinds. You must remove all 

tree stands and blinds at the end of each 

day (see §§ 27.93 and 27.94 of this 

chapter). 

6. Condition B4 applies. 

D. Sport Fishing. We allow fishing in 

accordance with State regulations 

subject to the following conditions: 

1. We only allow boats, up to a 

maximum of 25 hp, on Arrowwood Lake 

and Jim Lake from May 1 to September 

30 of each fishing year. 

2. We allow bank fishing along major 

road rights-of-way during the entire 

State fishing season. 

3. We allow bank fishing on interior 

portions of the refuge from May 1 

through September 30 of each fishing 

year. We only allow walk-in access, 

except for designated areas. 

4. We allow fishing in the bypass 

channel during the regular State fishing 

season. We allow walk-in access along 

maintenance trails from June 1 through 

September 30 of each fishing year. 

5. We allow bow fishing for rough fish 

along road rights-of-way in accordance 

54186 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

with State regulations from May 1 

through September 30 of each fishing 

year. We prohibit the use of crossbows. 

6. We allow ice fishing on 

Arrowwood Lake, Jim Lake, and the 

south 1⁄3 of Mud Lake. We allow fish 

houses and vehicles (automobiles and 

trucks only) on the ice as conditions 

permit. You must remove fish houses by 

March 15. You may use portable fish 

houses after March 15, but you must 

remove them from the refuge each day 

(see § 27.93 of this chapter). 

7. We prohibit snowmobiles and 

ATVs on the refuge (see § 27.31(f) of this 

chapter). 

8. We prohibit water activities not 

related to fishing (sailing, skiing, tubing, 

etc.) 

9. We prohibit open fires (see 

§ 27.95(a) of this chapter) and camping 

on the refuge. 

Arrowwood Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction each 

day (see §§ 27.93 and 27.94 of this 

chapter). We prohibit bringing any type 

of live or dead vegetation onto the 

refuge for any purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following condition: We 

prohibit the use of horses for any 

purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by legal sunset 

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

* * * * * 

Audubon Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas and 

Wildlife Development Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas and Wildlife 

Development Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: We prohibit the 

use of horses for any purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

Chase Lake National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow deer 

hunting on the refuge in accordance 

with State regulations subject to the 

following conditions: 

1. We prohibit deer hunting until the 

start of the State deer gun season. 

2. We prohibit the use of horses for 

any purpose. 

3. Hunters may only enter the refuge 

on foot. 

* * * * * 

Chase Lake Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas and 

Wildlife Development Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas and Wildlife 

Development Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: We prohibit the 

use of horses for any purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

Crosby Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following condition: We 

prohibit the use of horses for any 

purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54187 

Devils Lake Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas and 

Wildlife Development Areas throughout 

the District in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit hunting on Lambs Lake 

Waterfowl Production Area in Nelson 

County; Pleasant Lake Waterfowl 

Production Area in Benson County; and 

Hart, Nelson, Little Goose, and Vold 

Waterfowl Production Areas in Grand 

Forks County. 

2. We prohibit hunting on portions of 

Kellys Slough Waterfowl Production 

Area in Grand Forks County, as posted. 

3. You must remove boats, motor 

vehicles, fishing equipment, and other 

personal property (excluding ice 

houses) by the end of each day (see 

§§ 27.93 and 27.94 of this chapter). 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas and Wildlife 

Development Areas throughout the 

District in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1 and A2 apply. 

2. We prohibit the use of horses for 

any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following conditions: Conditions A1, 

A2, and B2 apply. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following conditions: 

1. We prohibit fishing on Hart, 

Nelson, Vold, and Kellys Slough 

Waterfowl Production Areas in Grand 

Forks County. 

2. You must remove boats, motor 

vehicles, fishing equipment, and other 

personal property (excluding ice 

houses) by the end of each day (see 

§§ 27.93 and 27.94 of this chapter). 

* * * * * 

J. Clark Salyer Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following condition: We 

prohibit the use of horses for any 

purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

Kulm Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas and 

Wildlife Development Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas and Wildlife 

Development Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: We prohibit the 

use of horses for any purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

Lake Alice National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions; 

1. Refer to the refuge hunting map for 

designated hunting areas and 

information on hunting in specific 

zones. 

2. We prohibit the use of motorized 

(gas and electric) boats. 

3. We prohibit shooting from, on, or 

across any refuge road. 

4. You must remove all boats, decoys, 

portable blinds, other personal property, 

and any materials brought onto the 

refuge for blind construction by the end 

of each day (see §§ 27.93 and 27.94 of 

this chapter). 

5. We prohibit pit blinds. 

6. We prohibit retrieval of waterfowl 

in the Archery Only or Deer and Late 

Season Pheasant areas; refer to refuge 

hunting map for information on hunting 

in specific zones. 

B. Upland Game Hunting. We allow 

hunting of ring-necked pheasants, 

sharp-tailed grouse, gray partridge, 

cottontail rabbit, jackrabbit, snowshoe 

hare, and fox on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

condition: Refer to the refuge hunting 

map for designated hunting areas and 

restrictions. 

C. Big Game Hunting. We allow deer 

and fox hunting on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Condition A1 applies. 

2. We allow archery hunting on 

designated areas of the refuge only; refer 

to the refuge hunting map for 

information on hunting in specific 

zones. 

3. We prohibit the use of horses for 

any purpose. 

4. We prohibit trapping, baiting, and 

spotlighting. 

5. We prohibit permanent tree stands. 

We allow portable tree stands that 

hunters must remove from the refuge by 

the end of each day (see § 27.93 of this 

chapter). We prohibit the use of screwin tree steps or similar objects that may 

damage trees (see § 32.2(i)). 

* * * * * 

Long Lake Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

54188 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

Waterfowl Production Areas and 

Wildlife Development Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas and Wildlife 

Development Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: We prohibit the 

use of horses for any purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

Lostwood Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following condition: We 

prohibit the use of horses for any 

purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

Tewaukon Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas and 

Wildlife Development Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas and Wildlife 

Development Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: We prohibit the 

use of horses for any purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

and Wildlife Development Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

Upper Souris National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. We require hunters, and 

nonhunters accompanying hunters, to 

wear the State-required, legal-orange 

clothing when hunting game birds 

during the deer gun season. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

13. * * * 

ii. SILVER BRIDGE—We allow bank 

fishing from the road right-of-way 

around the bridge abutments. You may 

walk onto the ice from this area for ice 

fishing. 

* * * * * 

Valley City Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following condition: We 

prohibit the use of horses for any 

purpose. 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

■ 29. Amend § 32.55 Oklahoma by: 

■ a. Revising the introductory text of 

paragraph C. and redesignating 

paragraphs C.4., C.5., and C.6. as 

paragraphs C.5., C.6., and C.7, adding a 

new paragraph C.4., and revising 

paragraph C.6. of Deep Fork National 

Wildlife Refuge; 

■ b. Revising paragraph A.2. and adding 

paragraph C.5. of Little River National 

Wildlife Refuge; 

■ c. Removing paragraphs B.2. and B.3. 

of Optima National Wildlife Refuge; 

■ d. Adding paragraph A.10. of 

Sequoyah National Wildlife Refuge; and 

■ e. Removing paragraph B.2. and 

redesignating paragraph B.3. as B.2. of 

Washita National Wildlife Refuge to 

read as follows: 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54189 

§ 32.55 Oklahoma. 

* * * * * 

Deep Fork National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and feral 

hog on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

4. You may hunt feral hog during any 

established refuge hunting season. 

Refuge permits and legal weapons apply 

for the current hunting season. 

* * * * * 

6. You may use tree stands, but you 

must remove them (see § 27.93 of this 

chapter) immediately following the end 

of the hunt season. 

* * * * * 

Little River National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. We prohibit building and use of 

permanent blinds. You may only use 

portable blinds. You must remove 

blinds, decoys, and all personal 

equipment from the refuge daily (see 

§§ 27.93 and 27.94 of this chapter). 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

5. You may only hunt big game during 

designated refuge seasons. 

* * * * * 

Sequoyah National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

10. We prohibit hunters entering the 

Sandtown Bottom Unit prior to 5 a.m. 

during hunting season. Hunters must 

leave the Sandtown Bottom Unit by 1 

hour after legal sunset during hunting 

season. 

* * * * * 

■ 30. Amend § 32.56 Oregon by: 

■ a. Adding paragraphs A.9. and B.3. of 

Cold Springs National Wildlife Refuge; 

■ b. Revising the introductory text of 

paragraph A. and revising paragraphs 

A.2., B., C., and D. of Malheur National 

Wildlife Refuge; 

■ c. Adding paragraphs A.8. and B.1. of 

McKay Creek National Wildlife Refuge; 

and 

■ d. Adding paragraphs A.8, B.4., and 

revising paragraph C. of Umatilla 

National Wildlife Refuge to read as 

follows: 

§ 32.56 Oregon. 

* * * * * 

Cold Springs National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

9. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

* * * * * 

3. Condition A9 applies. 

* * * * * 

Malheur National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of dove, goose, duck, 

merganser, coot, snipe, and pigeon on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

* * * * * 

2. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

B. Upland Game Hunting. We allow 

hunting of pheasant, quail, partridge, 

chukar, coyote, and rabbit on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We allow hunting of pheasant, 

quail, partridge, chukar, and rabbit from 

the third Saturday in November until 

the end of the State pheasant season on 

designated areas of the Blitzen Valley 

east of Highway 205. We allow hunting 

of pheasant, quail, partridge, chukar, 

and rabbit on designated areas on 

Malheur Lake concurrent with the State 

pheasant season. 

2. We allow hunting of all upland 

game species during authorized State 

seasons on designated areas of the 

refuge west of Highway 205 and south 

of Foster Flat Road. 

3. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k) of this chapter) on designated 

areas east of Highway 205 and on 

Malheur Lake. 

C. Big Game Hunting. We allow 

hunting of deer and pronghorn on 

designated areas of the refuge west of 

Highway 205 and south of Foster Flat 

Road in accordance with State 

regulations. 

D. Sport Fishing. We allow fishing on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow fishing year-round in the 

Blitzen River, East Canal, and Mud 

Creek upstream from and including 

Bridge Creek. We allow fishing in 

Krumbo Reservoir from the fourth 

Saturday in April until the end of 

October. 

2. We prohibit boats, except for 

nonmotorized boats and boats with 

electric motors, on Krumbo Reservoir. 

McKay Creek National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

8. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

1. Conditions A1, A2, and A8 apply. 

* * * * * 

Umatilla National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

8. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

* * * * * 

4. Condition A8 applies. 

C. Big Game Hunting. We allow 

hunting of deer on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow hunting by special refuge 

permit only. You must possess and 

carry the special refuge permit at all 

times while hunting. 

2. Condition A8 applies. 

* * * * * 

■ 31. Amend § 32.57 Pennsylvania by 

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

C.4., D.1., D.3., D.4., D.5., and adding 

paragraphs D.8. and D.9. of Erie 

National Wildlife Refuge to read as 

follows: 

§ 32.57 Pennsylvania. 

* * * * * 

Erie National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

2. We only allow nonmotorized boats 

for waterfowl hunting. Hunters must 

remove boats (see § 27.93 of this 

chapter) from the refuge by legal sunset. 

3. We require that hunters remove 

blinds and decoys from the refuge by 

legal sunset (see §§ 27.93 and 27.94 of 

this chapter) 

* * * * * 

B. Upland Game Hunting. We allow 

hunting of grouse, squirrel, rabbit, 

woodchuck, pheasant, quail, raccoon, 

fox, coyote, skunk, and opossum on 

54190 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunting on the refuge 

from September 1 through the end of 

February. 

2. We require all persons to possess 

and carry a refuge Special Use Permit 

while hunting fox, coyote, and raccoon 

on the refuge. 

3. We allow dogs for hunting; 

however, they must be under the 

immediate control of the hunter at all 

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

C. Big Game Hunting. * * * 

* * * * * 

2. Hunters must remove blinds, 

scaffolds, tree stands, and decoys (see 

§ 27.93 of this chapter) from the refuge 

by legal sunset. 

* * * * * 

4. We require all persons to possess 

and carry a refuge Special Use Permit 

while hunting bear on the refuge. 

* * * * * 

D. Sport Fishing. * * * 

1. We allow bank fishing only on the 

Seneca Unit of the refuge. We prohibit 

wading. 

* * * * * 

3. We prohibit the use of watercraft 

for fishing, with the exception of Area 

5 where we allow nonmotorized 

watercraft use from the second Saturday 

in June through September 15. They 

must remain in an area from the dike to 

3,000 feet (900 m) upstream. 

4. We require that all anglers must 

remove watercraft from the refuge by 

legal sunset (see § 27.93 of this chapter). 

5. We allow ice fishing in Areas 5 and 

7 only. 

* * * * * 

8. We prohibit the possession of live 

baitfish on the Seneca Unit. 

9. We prohibit the taking or 

possession of shellfish on the Seneca 

Unit of the refuge. 

* * * * * 

■ 32. Amend § 32.60 South Carolina by: 

■ a. Adding paragraphs C.15. and C.16. 

of Pinckney Island National Wildlife 

Refuge; and 

■ b. Adding paragraph B.4. of 

Waccamaw National Wildlife Refuge to 

read as follows: 

§ 32.60 South Carolina. 

* * * * * 

Pinckney Island National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

15. Hunters age 15 and younger must 

possess and carry a valid hunter 

education card in order to hunt. 

16. Youth hunters age 15 and younger 

must remain within sight and normal 

voice contact of an adult age 21 or older, 

possessing a license. One adult may 

supervise no more than one youth 

hunter. 

* * * * * 

Waccamaw National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

4. We prohibit squirrel hunting from 

a boat or other water conveyance on the 

refuge. 

* * * * * 

■ 33. Amend § 32.61 South Dakota by: 

■ a. Revising Huron Wetland 

Management District; 

■ b. Revising Lake Andes Wetland 

Management District; 

■ c. Revising Madison Wetland 

Management District; 

■ d. Removing the listing of Pocasse 

National Wildlife Refuge; 

■ e. Revising Sand Lake Wetland 

Management District; and 

■ f. Revising Waubay Wetland 

Management District to read as follows: 

§ 32.61 South Dakota. 

* * * * * 

Huron Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunters to leave portable 

tree stands and free-standing elevated 

platforms on Waterfowl Production 

Areas from the first Saturday after 

August 25 through February 15. 

2. You must label portable tree stands 

and free-standing elevated platforms 

with your name and address or current 

hunting license number so it is legible 

from the ground. 

3. We prohibit the use of horses for 

any purpose. 

4. You must remove portable ground 

blinds and other personal property by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

Lake Andes Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunters to leave portable 

tree stands and free-standing elevated 

platforms on Waterfowl Production 

Areas from the first Saturday after 

August 25 through February 15. 

2. You must label portable tree stands 

and free-standing elevated platforms 

with your name and address or current 

hunting license number so it is legible 

from the ground. 

3. We prohibit the use of horses for 

any purpose. 

4. You must remove portable ground 

blinds and other personal property by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54191 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

Madison Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunters to leave portable 

tree stands and free-standing elevated 

platforms on Waterfowl Production 

Areas from the first Saturday after 

August 25 through February 15. 

2. You must label portable tree stands 

and free-standing elevated platforms 

with your name and address or current 

hunting license number so it is legible 

from the ground. 

3. We prohibit the use of horses for 

any purpose. 

4. You must remove portable ground 

blinds and other personal property by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

Sand Lake Wetland Management 

District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunters to leave portable 

tree stands and free-standing elevated 

platforms on Waterfowl Production 

Areas from the first Saturday after 

August 25 through February 15. 

2. You must label portable tree stands 

and free-standing elevated platforms 

with your name and address or current 

hunting license number so it is legible 

from the ground. 

3. We prohibit the use of horses for 

any purpose. 

4. You must remove portable ground 

blinds and other personal property by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

* * * * * 

Waubay Wetland Management District 

A. Migratory Game Bird Hunting. We 

allow migratory game bird hunting on 

Waterfowl Production Areas throughout 

the District in accordance with State 

regulations subject to the following 

condition: You must remove boats, 

decoys, portable blinds, other personal 

property, and any materials brought 

onto the area for blind construction by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). We prohibit 

bringing any type of live or dead 

vegetation onto the refuge for any 

purpose at any time. 

B. Upland Game Hunting. We allow 

upland game hunting on Waterfowl 

Production Areas throughout the 

District in accordance with State 

regulations subject to the following 

condition: We prohibit the use of horses 

for any purpose. 

C. Big Game Hunting. We allow big 

game hunting on Waterfowl Production 

Areas throughout the District in 

accordance with State regulations 

subject to the following conditions: 

1. We allow hunters to leave portable 

tree stands and free-standing elevated 

platforms on Waterfowl Production 

Areas from the first Saturday after 

August 25 through February 15. 

2. You must label portable tree stands 

and free-standing elevated platforms 

with your name and address or current 

hunting license number so it is legible 

from the ground. 

3. We prohibit the use of horses for 

any purpose. 

4. You must remove portable ground 

blinds and other personal property by 

the end of each day (see §§ 27.93 and 

27.94 of this chapter). 

D. Sport Fishing. We allow sport 

fishing on Waterfowl Production Areas 

throughout the District in accordance 

with State regulations subject to the 

following condition: You must remove 

boats, motor vehicles, fishing 

equipment, and other personal property 

(excluding ice houses) by the end of 

each day (see §§ 27.93 and 27.94 of this 

chapter). 

■ 34. Amend § 32.63 Tennessee by: 

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

B.3., C.1., C.4., and D. of Chickasaw 

National Wildlife Refuge; 

■ b. Revising Hatchie National Wildlife 

Refuge; and 

■ c. Revising paragraphs A.3., A.5., A.8., 

B.2., B.3., C.1., C.4., C.5., D.4., and D.7. 

of Lower Hatchie National Wildlife 

Refuge to read as follows: 

§ 32.63 Tennessee. 

* * * * * 

Chickasaw National Wildlife Refuge 

* * * * * 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. You must possess and carry a 

signed refuge permit and report game 

taken as specified within the permit. 

* * * * * 

5. Mourning dove, woodcock, and 

snipe seasons close during all firearms 

and muzzleloader deer seasons. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. Spring squirrel season is closed on 

the refuge. 

3. Squirrel, rabbit, and quail seasons 

close during all firearms and 

muzzleloader deer seasons. 

* * * * * 

54192 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

C. Big Game Hunting. * * * 

1. Conditions A1 through A3, and A7 

through A8 (each adult may supervise 

only one youth hunter) apply. 

* * * * * 

4. We only allow the use of portable 

blinds and tree stands on the refuge. 

You must remove blinds, tree stands, 

and all other personal equipment (see 

§§ 27.93 and 27.94 of this chapter) from 

the refuge at the end of each day’s hunt. 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We only allow fishing from legal 

sunrise to legal sunset. 

2. We only allow fishing with pole 

and line or rod and reel. 

3. We prohibit possession of 

unauthorized fishing gear, including 

trotlines, limblines, juglines, yo-yos, 

nets, spears, and snag hooks, while 

fishing on the refuge. 

4. We allow the use of bow and arrow 

or a gig to take nongame fish on refuge 

waters. 

5. We prohibit taking frog or turtle on 

the refuge (see § 27.21 of this chapter). 

* * * * * 

Hatchie National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. The refuge is a day-use area only, 

with the exception of legal hunting/ 

fishing activities. 

2. We prohibit the use of motorized 

off-road vehicles (e.g., ATVs) on the 

refuge (see § 27.31(f) of this chapter). 

3. You must possess and carry a 

signed refuge permit and report game 

taken as specified within the permit. 

4. We only allow waterfowl hunting 

on Tuesdays, Thursdays, and Saturdays. 

Legal hunting hours for duck, goose, 

coot, and merganser are 1⁄2 hour before 

legal sunrise to 12 p.m. (noon). 

5. Mourning dove, woodcock, and 

snipe seasons close during all firearms 

and muzzleloader deer seasons. 

6. We allow only portable blinds, and 

hunters must remove all boats, blinds, 

and decoys (see §§ 27.93 and 27.94 of 

this chapter) from the refuge by 1 p.m. 

daily. 

7. We allow hunters to access the 

refuge no more than 2 hours before legal 

sunrise, and they must leave the refuge 

no more than 2 hours after legal sunset. 

8. Each youth hunter (under age 16) 

must remain within sight and normal 

voice contact of an adult (age 21 or 

older). 

B. Upland Game Hunting. We allow 

hunting of squirrel, rabbit, quail, 

raccoon, and opossum on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. Conditions A1 through A3 and A7 

through A8 apply. 

2. Spring squirrel season is closed on 

the refuge. 

3. Squirrel, rabbit, and quail seasons 

close during all firearms and 

muzzleloader deer seasons. 

4. Hunting hours for raccoon and 

opossum are legal sunset to legal 

sunrise. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 through A3, A7, and 

A8 (each adult may supervise only one 

youth hunter) apply. 

2. You may only participate in the 

refuge deer gun hunts with a special 

quota permit issued through random 

drawing. Information for permit 

applications and season dates is 

available at the refuge headquarters. 

3. You may only possess approved 

nontoxic shot (see § 32.2(k)) while 

hunting turkey. 

4. We only allow the use of portable 

blinds and tree stands on the refuge. 

You must remove blinds, tree stands, 

and all other personal equipment (see 

§§ 27.93 and 27.94 of this chapter) from 

the refuge at the end of each day’s hunt. 

5. We allow archery-only hunting 

between State Highway 76 and 

Interstate 40. 

6. We only allow archery hunting the 

first 16 days of the State season. 

7. We are closed to Youth-Deer 

hunting. 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. Conditions A1 and A2 apply. 

2. We only allow fishing with pole 

and line or rod and reel. 

3. We prohibit possession of 

unauthorized fishing gear, including 

trotlines, limblines, juglines, yo-yos, 

nets, spears, and snag hooks, while 

fishing on the refuge. 

4. We allow use of a bow and arrow 

or gig to take nongame fish on refuge 

waters. 

5. We prohibit taking frog or turtle on 

the refuge (see § 27.21 of this chapter). 

6. We seasonally close the sanctuary 

areas of the refuge to the public 

November 15 through March 15. 

7. We open Oneal Lake for fishing 

during a restricted season and for 

authorized special events. Information 

on event and season dates is available 

at the refuge headquarters. 

8. You must immediately release all 

largemouth bass under 14 inches (30 

cm) in length on Goose and Quail 

Hollow Lakes. 

9. We allow the use of nonmotorized 

boats and boats with electric motors 

only. 

10. We only allow bank fishing on 

Goose Lake. 

Lower Hatchie National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. You must possess and carry a 

signed refuge permit and report game 

taken as specified within the permit. 

* * * * * 

5. Mourning dove, woodcock, and 

snipe seasons close during all firearms 

and muzzleloader deer seasons. 

* * * * * 

8. We close Sunk Lake Public Use 

Natural Area to all migratory game bird 

hunting, and we close the southern unit 

of Sunk Lake Public Use Natural Area 

to all hunting. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. Spring squirrel season is closed on 

the refuge. 

3. Squirrel, rabbit, and quail seasons 

close during all firearms and 

muzzleloader deer seasons. 

* * * * * 

C. Big Game Hunting. * * * 

1. Conditions A1 through A3, and A7 

through A9 (each adult may supervise 

only one youth hunter) apply. 

* * * * * 

4. We only allow the use of portable 

blinds and tree stands on the refuge. 

You must remove blinds, tree stands, 

and all other personal equipment (see 

§§ 27.93 and 27.94 of this chapter) from 

the refuge at the end of each day’s hunt. 

5. We allow archery-deer hunting 

only on the northern unit of Sunk Lake 

Public Use Natural Area. 

D. Sport Fishing. * * * 

* * * * * 

4. We allow use of a bow and arrow 

or a gig to take nongame fish on refuge 

waters. 

* * * * * 

7. We allow the use of nonmotorized 

boats and boats with electric motors 

only on Sunk Lake Public Use Natural 

Area. 

* * * * * 

■ 35. Amend § 32.63 Texas by: 

■ a. Redesignating paragraphs A.1. 

through A.18. as paragraphs A.2. 

through A.19., adding a new paragraph 

A.1., and revising paragraphs A.12., 

A.13., and A.14. of Anahuac National 

Wildlife Refuge; 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54193 

■ b. Redesignating paragraphs A.1. 

through A.3. as paragraphs A.2. through 

A.4. and adding a new paragraph A.1. 

of Big Boggy National Wildlife Refuge; 

■ c. Redesignating paragraphs A.1. 

through A.4. as paragraphs A.2. through 

A.5., adding a new paragraph A.1., and 

revising paragraph D. of Brazoria 

National Wildlife Refuge; 

■ d. Revising paragraphs C.2., C.3., C.5., 

C.6., and adding paragraph C.17. of 

Laguna Atascosca National Wildlife 

Refuge; 

■ e. Revising the introductory text of 

paragraph A., redesignating paragraphs 

A.1. through A.15. as paragraphs A.2. 

through A.16., adding a new paragraph 

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

revising paragraph D.5., and removing 

paragraph D.6. of McFaddin National 

Wildlife Refuge; 

■ f. Redesignating paragraphs A.1. 

through A.4. as paragraphs A.2. through 

A.5., adding a new paragraph A.1., 

revising paragraph A.2., and revising 

paragraph D. of San Bernard National 

Wildlife Refuge; 

■ g. Redesignating paragraphs A.1. 

through A.13. as paragraphs A.2. 

through A.14., adding a new paragraph 

A.1., revising paragraphs A.5., A.6., 

A.11., A.13., and revising paragraph D.4. 

of Texas Point National Wildlife Refuge; 

and 

■ h. Revising paragraphs B.2., B.4., and 

the introductory text of paragraph D. of 

Trinity River National Wildlife Refuge 

to read as follows: 

§ 32.63 Texas. 

* * * * * 

Anahuac National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. Season dates will be concurrent 

with the State for the September teal 

season, youth-only season, and duck 

and coot regular season in the Texas 

South Zone, and goose regular season in 

the Texas East Zone, with the exception 

that we will prohibit duck (not 

including the September teal and youthonly seasons) and coot hunting on the 

refuge until the last Saturday in 

October. If the State-specified duck and 

coot regular season opens later than the 

last Saturday in October, then hunting 

on the refuge will open consistent with 

the State-specified season date. 

* * * * * 

12. We prohibit the use of airboats, 

marsh buggies, ATVs (see § 27.31(f) of 

this chapter) and personal watercraft. 

13. On inland waters of refuge hunt 

areas open to motorized boats, we 

restrict the operation of motorized boats 

to lakes, ponds, ditches, and other 

waterways. We prohibit the operation of 

motorized boats on or through emergent 

wetland vegetation. 

14. On inland waters of the refuge 

hunt areas open to motorized boats, we 

restrict the use of boats powered by aircooled or radiator-cooled engines to 

those powered by a single engine of 25 

hp or less and utilizing a propeller 9 

inches (22.5 cm) in diameter or less. 

* * * * * 

Big Boggy National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. Season dates will be concurrent 

with the State for the September teal 

season, youth-only season, and duck 

and coot regular season in the Texas 

South Zone, and goose regular season in 

the Texas East Zone, with the exception 

that we will prohibit duck (not 

including the September teal and youthonly seasons) and coot hunting on the 

refuge until the last Saturday in 

October. If the State-specified duck and 

coot regular season opens later than the 

last Saturday in October, then hunting 

on the refuge will open consistent with 

the State-specified season date. 

* * * * * 

Brazoria National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. Season dates will be concurrent 

with the State for the September teal 

season, youth-only season, and duck 

and coot regular season in the Texas 

South Zone, and goose regular season in 

the Texas East Zone, with the exception 

that we will prohibit duck (not 

including the September teal and youthonly seasons) and coot hunting on the 

refuge until the last Saturday in 

October. If the State-specified duck and 

coot regular season opens later than the 

last Saturday in October, then hunting 

on the refuge will open consistent with 

the State-specified season date. 

* * * * * 

D. Sport Fishing. We allow fishing in 

accordance with State regulations 

subject to the following conditions: 

1. We allow fishing only on Nick’s 

Lake, Salt Lake, and Lost Lake and along 

the Salt Lake Weir Dike and the Bastrop 

Bayou Public Fishing Areas. 

2. We allow access for shore fishing 

at Bastrop Bayou, Clay Banks and Salt 

Lake Public Fishing Areas, and Salt 

Lake Weir Dike. 

3. We open Bastrop Bayou to fishing 

24 hours a day; we prohibit camping. 

4. We open all other fishing areas 

from legal sunrise to legal sunset. 

5. We only allow nonmotorized boat 

launching at the Salt Lake Public 

Fishing Area. The refuge provides no 

other boat launching facilities. 

6. We prohibit the use of trotlines, sail 

lines, set lines, jugs, gigs, spears, bush 

hooks, snatch hooks, crossbows, or 

bows and arrows of any type. 

* * * * * 

Laguna Atascosa National Wildlife 

Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. We allow archery and firearm 

hunting on designated units of the 

refuge. Units 1, 2, 3, 5, 6, and 8 are open 

to archery hunting during designated 

dates. Units 2, 3, 5, 6, and 8 are open 

to firearm hunting during designated 

dates. We close the following areas to 

hunting: Adolph Thomae, Jr. County 

Park in Unit 3, posted ‘‘No Hunting 

Zones’’ within all hunt units, La Selva 

Verde Tract (Armstrong), Waller Tract, 

COHYCO, Inc. Tract, Bahia Grande 

Unit, and South Padre Unit. 

3. We offer hunting during specific 

portions of the State hunting season. We 

determine specific deer hunt dates 

annually, and they usually fall within 

November, December, and January. We 

may provide special feral pig and nilgai 

antelope hunts to reduce populations at 

any time during the year. 

* * * * * 

5. We require hunters to visibly wear 

400 square inches (2,600 cm2) of hunter 

orange, which includes wearing a 

minimum of 144 square inches (936 

cm2) visible on the chest, a minimum of 

144 square inches (936 cm2) visible on 

the back, and a hunter-orange hat or cap 

visible on the head when in the field. 

We allow hunter-orange camouflage 

patterns. We allow archery hunters 

during the archery-only hunts to remove 

their hunter orange in the field only 

when hunting at a stationary location. 

6. Each youth hunter, ages 12 to 17, 

must be accompanied by and remain 

within sight and normal voice contact of 

an adult age 18 or older. Hunters must 

be at least age 12. 

* * * * * 

17. We require written documentation 

from a licensed physician to certify a 

hunter as temporarily or permanently 

disabled or mobility impaired no later 

than 10 calendar days before the start of 

the scouting or hunt period. We allow 

the use of all-terrain vehicles (ATVs), 

which excludes motorcycles and fullsize passenger vehicles, for hunters with 

mobility impairments and other 

disabilities through the issuance of a 

Special Use Permit. 

* * * * * 

54194 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

McFaddin National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, and coot 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Season dates will be concurrent 

with the State for the September teal 

season, youth-only season, and duck 

and coot regular season in the Texas 

South Zone, and goose regular season in 

the Texas East Zone, with the exception 

that we will prohibit duck (not 

including the September teal and youthonly seasons) and coot hunting on the 

refuge until the last Saturday in 

October. If the State-specified duck and 

coot regular season opens later than the 

last Saturday in October, then hunting 

on the refuge will open consistent with 

the State-specified season date. 

* * * * * 

4. You may access hunt areas by foot, 

nonmotorized watercraft, outboard 

motorboat, or airboat. Airboats may not 

exceed 10 hp with direct drive with a 

propeller length of 48 inches (120 cm) 

or less. Engines may not exceed 2 

cylinders and 484 cc. We prohibit all 

other motorized vehicles. We prohibit 

marsh buggies, ATVs, and personal 

watercraft (see § 27.31(f) of this chapter). 

5. On inland waters of the refuge open 

to motorized boats, we restrict the use 

of boats powered by air-cooled or 

radiator-cooled engines to those 

powered by a single engine of 25 hp or 

less and utilizing a propeller 9 inches 

(22.5 cm) in diameter or less. 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

5. Conditions A5 and A6 apply. 

San Bernard National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. Season dates will be concurrent 

with the State for the September teal 

season, youth-only season, and duck 

and coot regular season in the Texas 

South Zone, and goose regular season in 

the Texas East Zone, with the exception 

that we will prohibit duck (not 

including the September teal and youthonly seasons) and coot hunting on the 

refuge until the last Saturday in 

October. If the State-specified duck and 

coot regular season opens later than the 

last Saturday in October, then hunting 

on the refuge will open consistent with 

the State-specified season date. 

2. We prohibit the building or use of 

pits and permanent blinds (see §§ 27.92 

and 27.93 of this chapter). 

* * * * * 

D. Sport Fishing. We allow sport 

fishing on designated areas of the refuge 

in accordance with State regulations 

subject to the following conditions: 

1. We allow fishing only on the refuge 

portions of Cow Trap Lakes, Cedar 

Lakes, and along Cedar Lake Creek. 

2. We prohibit the use of trotlines, sail 

lines, set lines, jugs, gigs, spears, bush 

hooks, snatch hooks, crossbows, or 

bows and arrows of any type. 

Texas Point National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. Season dates will be concurrent 

with the State for the September teal 

season, youth-only season, and duck 

and coot regular season in the Texas 

South Zone, and goose regular season in 

the Texas East Zone, with the exception 

that we will prohibit duck (not 

including the September teal and youthonly seasons) and coot hunting on the 

refuge until the last Saturday in 

October. If the State-specified duck and 

coot regular season opens later than the 

last Saturday in October, then hunting 

on the refuge will open consistent with 

the State-specified season date. 

* * * * * 

5. You may access hunt areas by foot, 

nonmotorized watercraft, outboard 

motorboat, or airboat. Airboats may not 

exceed 10 hp with direct drive with a 

propeller length of 48 inches (120 cm) 

or less. Engines may not exceed 2 

cylinders and 484 cc. We prohibit all 

other motorized vehicles. We prohibit 

marsh buggies, ATVs, and personal 

watercraft (see § 27.31(f) of this chapter). 

6. On inland waters of the refuge open 

to motorized boats, we restrict the use 

of boats powered by air-cooled or 

radiator-cooled engines to those 

powered by a single engine of 25 hp or 

less and utilizing a propeller 9 inches 

(22.5 cm) in diameter or less. 

* * * * * 

11. We prohibit pits and permanent 

blinds. We allow portable binds or 

temporary natural vegetation blinds. 

You must remove portable blinds (see 

§§ 27.93 and 27.94 of this chapter) from 

the refuge daily. 

* * * * * 

13. Dogs accompanying hunters must 

be under the immediate control of 

handlers at all times (see § 26.21(b) of 

this chapter). 

* * * * * 

D. Sport Fishing. * * * 

* * * * * 

4. Conditions A6 and A7 apply. 

Trinity River National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. We allow hunting during a 

designated 23-day season. Hunters may 

enter the refuge and park in an assigned 

parking area no earlier than 4:30 a.m. 

We allow hunting from 1⁄2 hour before 

legal sunrise to legal sunset. We require 

hunters to return a data log card. 

* * * * * 

4. We prohibit the use of dogs, 

feeders, baiting (see § 32.2(h)), 

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

chapter), horses, bicycles, and all-terrain 

vehicles. 

* * * * * 

D. Sport Fishing. We allow fishing on 

most refuge tracts in accordance with 

State regulations subject to the 

following conditions: 

* * * * * 

■ 36. Amend § 32.64 Utah by revising 

paragraph A.1. of Bear River Migratory 

Bird Refuge to read as follows: 

§ 32.64 Utah. 

* * * * * 

Bear River Migratory Bird Refuge 

A. Migratory Game Bird Hunting. 

* * * 

1. Hunters may not shoot or hunt 

within 100 yards (90 m) of principal 

refuge roads (the tour route). 

* * * * * 

■ 37. Amend § 32.66 Virginia by: 

■ a. Revising paragraph C.2.vi. of 

Chincoteague National Wildlife Refuge; 

■ b. Revising paragraphs C.7. through 

C.12. and adding paragraph C.13. of 

James River National Wildlife Refuge; 

■ c. Revising paragraphs A.3. and A.7. 

of Plum Tree Island National Wildlife 

Refuge; 

■ d. Revising paragraphs C.1., C.5. 

through C.8., and adding paragraph C.9. 

of Presquile National Wildlife Refuge; 

and 

■ e. Revising paragraph C., D.1., D.2., 

and D.5. of Rappahannock River Valley 

National Wildlife Refuge to read as 

follows: 

§ 32.66 Virginia. 

* * * * * 

Chincoteague National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

2. * * * 

* * * * * 

vi. We reserve Zone 2 for hunters 

confined to wheelchairs. Hunters 

confined to wheelchairs must remain on 

the paved trail or overlook platform on 

Woodland Trail. Hunters confined to 

wheelchairs who require assistance 

retrieving or dressing harvested animals 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54195 

must have a nonhunting assistant 

available. 

* * * * * 

James River National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

* * * * * 

7. During firearms season, all hunters 

must wear in a visible manner on head, 

chest, and back a minimum of 400 

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

material. 

8. During archery only season, archers 

must wear in a visible manner a solidcolored, hunter-orange hat or cap while 

moving to and from their stand. 

9. We require that firearm hunters 

remain within 25 feet (7.5 m) of their 

assigned stand unless tracking or 

retrieving a wounded deer. 

10. We allow hunters to retrieve 

wounded deer from closed areas with 

prior consent from a refuge employee 

only. 

11. We require hunters to unload all 

weapons while on the refuge (see 

§ 27.42(b) of this chapter), except when 

at their assigned stand. 

12. We prohibit the discharge of 

firearm or archery equipment across or 

within refuge roads, including roads 

closed to vehicles. 

13. You must be at least age 18 to 

hunt without an accompanying, 

qualified adult. Youth hunters between 

ages 12 and 17 may only hunt when 

accompanied by an adult age 21 or 

older, who must also possess and carry 

a valid hunting license. The minimum 

age for hunters is 12. 

* * * * * 

Plum Tree Island National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. You may hunt from: the location of 

your choice, unimproved shore 

locations, camouflaged boats (float 

blinds) anchored to the shore, or 

temporary blinds erected on the interior 

of the island. 

* * * * * 

7. On all hunt days, hunters must 

retrieve and remove all decoys, 

temporary blinds, and equipment and 

leave Cow Island by 1 p.m. (see §§ 27.93 

and 27.94 of this chapter). 

* * * * * 

Presquile National Wildlife Refuge 

* * * * * 

C. Big Game Hunting. * * * 

1. We require hunters to purchase a 

refuge hunt permit. You may obtain 

permits by contacting the Charles City 

office at (804) 829–9020. The hunter 

must possess and carry the signed 

permit while on refuge property. 

* * * * * 

5. We allow only portable tree stands 

that hunters must remove at the end of 

each hunt day (see §§ 27.93 and 27.94 

of this chapter). 

6. We require hunters to wear in a 

conspicuous manner on head, chest, 

and back a minimum of 400 square 

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

hunter-orange clothing or material. 

7. We require hunters to remain 

within 25 feet (7.5 m) of their 

designated stand unless tracking or 

retrieving a wounded deer. 

8. We require all hunters to unload all 

firearms while on the refuge, except 

when at their assigned stand (see 

§ 27.42(b) of this chapter). 

9. You must be at least age 18 to hunt 

without an accompanying, qualified 

adult. Youth hunters between ages 12 

and 17 may only hunt when 

accompanied by an adult age 21 or older 

who must also possess and carry a valid 

hunting license. The minimum age for 

hunters is 12. 

* * * * * 

Rappahannock River Valley National 

Wildlife Refuge 

* * * * * 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require hunters to purchase a 

refuge hunt permit. You may obtain 

permits by contacting the refuge 

headquarters at (804) 333–1470. The 

hunter must possess and carry the 

permit while on refuge property. 

2. We allow shotgun, muzzleloader, 

and archery hunting on designated 

refuge hunt days. 

3. We allow the take of two deer of 

either sex per day. 

4. We prohibit dogs. 

5. We allow only portable tree stands 

that hunters must remove at the end of 

each hunt day (see §§ 27.93 and 27.94 

of this chapter). 

6. During firearm seasons, all hunters 

must wear in a visible manner on head, 

chest, and back a minimum of 400 

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

material. 

7. During archery only season, archers 

must wear in a visible manner a solidcolored, hunter-orange hat or cap while 

moving to and from their stand. 

8. We prohibit the possession of 

loaded firearms or nocked arrows while 

on the refuge roads. 

9. We require hunters to unload all 

weapons while traveling between the 

hunting sites (see § 27.42(b) of this 

chapter). 

10. We prohibit the discharge of a 

firearm or archery equipment across or 

within refuge roads, including roads 

closed to vehicles. 

11. We allow hunters to retrieve 

wounded deer from closed areas only 

with prior consent from a refuge 

employee. 

12. You must be at least age 18 to 

hunt without an accompanying, 

qualified adult. Youth hunters between 

ages 12 and 17 may only hunt when 

accompanied by an adult age 21 or older 

who must also possess and carry a valid 

hunting license. The minimum age for 

hunters is 12. 

D. Sport Fishing. * * * 

1. We allow fishing access from legal 

sunrise to legal sunset. 

2. We allow fishing from the Wilna 

Pond pier, banks of the dam, and 

watercraft. We prohibit fishing from the 

aluminum catwalk. 

* * * * * 

5. We prohibit the use of lead sinkers. 

* * * * * 

■ 38. Amend § 32.67 Washington by: 

■ a. Adding paragraphs A.3., B.3., and 

C.3. of Columbia National Wildlife 

Refuge; 

■ b. Revising paragraphs A. and C. of 

Conboy Lake National Wildlife Refuge; 

■ c. Adding paragraph A.5., removing 

paragraphs B.4., B.5., adding a new 

paragraph B.4., removing paragraphs 

C.3., and C.4., and adding a new 

paragraph C.3. of Hanford Reach 

National Monument/Saddle Mountain 

National Wildlife Refuge; 

■ d. Revising paragraphs A. and C. of 

Julia Butler Hansen Refuge for the 

Columbian White-Tailed Deer; 

■ e. Revising paragraphs A., B., and C. 

of Little Pend Oreille National Wildlife 

Refuge; 

■ f. Adding paragraphs A.14. and B.5. 

and revising paragraph C. of McNary 

National Wildlife Refuge; 

■ g. Revising paragraphs A. and D. of 

Ridgefield National Wildlife Refuge; 

■ h. Adding paragraphs A.9 and B.4. of 

Toppenish National Wildlife Refuge; 

■ i. Adding paragraphs A.9. and B.3, 

and revising paragraph C. of Umatilla 

National Wildlife Refuge; and 

■ j. Adding paragraphs A.7. and B.5, 

revising the introductory text of 

paragraph C., revising paragraph C.3., 

and adding paragraph C.5. of Willapa 

National Wildlife Refuge to read as 

follows: 

§ 32.67 Washington. 

* * * * * 

54196 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

Columbia National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

* * * * * 

3. Condition A3 applies. 

C. Big Game Hunting. * * * 

* * * * * 

3. Condition A3 applies. 

* * * * * 

Conboy Lake National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of dove, goose, duck, 

coot, and common snipe on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. Waterfowl and snipe hunters may 

possess only approved nontoxic shot 

while in the field (see § 32.2(k)). 

2. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

* * * * * 

C. Big Game Hunting. We allow 

hunting of deer on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

condition: Condition A2 applies. 

* * * * * 

Hanford Reach National Monument/ 

Saddle Mountain National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

5. We prohibit shooting or discharging 

any firearm from, across, or along a 

public highway, designated route of 

travel, road, road shoulder, road 

embankment, or designated parking 

area. 

B. Upland Game Hunting. * * * 

* * * * * 

4. Condition A5 applies. 

C. Big Game Hunting. * * * 

* * * * * 

3. Condition A5 applies. 

* * * * * 

Julia Butler Hansen Refuge for the 

Columbian White-Tailed Deer 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, coot, and 

common snipe on designated areas of 

the Hunting Island Unit in accordance 

with State regulations subject to the 

following conditions: 

1. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

2. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

* * * * * 

C. Big Game Hunting. We allow 

hunting of elk on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We conduct the refuge hunt by 

State permit only. We require hunters to 

possess and carry current Washington 

State elk licenses, valid for the refuge’s 

hunt unit. 

2. We allow a maximum of ten 

hunters to use the refuge in any one day, 

with one hunt period consisting of 5 

consecutive days (Monday through 

Friday only). 

3. We allow a maximum of four hunt 

periods per hunt season; two regular 

permit hunts, and if required, two ‘‘as 

needed’’ permit hunts. 

4. We will use the State Second Elk 

Tag As-Needed hunt program as 

necessary to control elk numbers during 

months outside the normal hunting 

season, except we prohibit hunting 

during the period April through August. 

5. The State will publish the hunting 

dates, number of permits to be issued, 

and other regulations for the refuge hunt 

in the State’s Big Game hunting 

pamphlet. You may also obtain this 

information by contacting the refuge 

headquarters. 

6. We allow hunting of elk using 

muzzleloading firearms only. 

7. We require hunters to attend a 

refuge-specific orientation session each 

year prior to hunting on the refuge. 

8. We allow hunting on Mondays 

through Fridays only. We close the 

refuge to hunting on weekends and 

Federal holidays. 

9. We require hunters to sign in and 

out each day at the refuge headquarters. 

When signing out for the day, you must 

report hunting success, failure, and any 

hit-but-not retrieved animals. 

10. No more than one unlicensed 

person may assist each licensed hunter 

during the hunt. 

11. Additional persons may assist 

hunters during elk retrieval only. 

12. We prohibit hunters from 

operating motorized vehicles on the 

refuge. 

13. Condition A2 applies. 

* * * * * 

Little Pend Oreille National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of migratory game birds 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We prohibit waterfowl hunting on 

any creek or stream. 

2. We allow hunting during approved 

State hunting seasons occurring 

September through December and 

during the State spring wild turkey 

season only. We prohibit hunting and 

discharge of firearms during all other 

periods. 

3. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. We allow 

hunting of upland game on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. We prohibit use of dogs except for 

hunting and retrieving upland game 

birds. 

2. Conditions A2 and A3 apply. 

C. Big Game Hunting. We allow 

hunting of big game on designated areas 

of the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We prohibit all use of dogs for 

hunting of big game. 

2. Conditions A2 and A3 apply. 

* * * * * 

McNary National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

14. You may not shoot or discharge 

any firearm from, across, or along a 

public highway, designated route of 

travel, road, road shoulder, road 

embankment, or designated parking 

area. 

B. Upland Game Hunting. * * * 

* * * * * 

5. Condition A14 applies. 

C. Big Game Hunting. We allow 

hunting of deer only on the Stateline, 

Juniper Canyon, and Wallula Units in 

accordance with State regulations 

subject to the following conditions: 

1. On the Wallula Unit, we only allow 

shotgun and archery hunting. 

2. Condition A14 applies. 

* * * * * 

Ridgefield National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose, duck, and coot 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 54197 

1. We allow hunting by special refuge 

permit only. You must possess and 

carry the special refuge permit at all 

times while hunting. 

2. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

* * * * * 

D. Sport Fishing. We allow fishing 

and frogging on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow fishing and frogging from 

March 1 through September 30 only. 

2. We allow fishing and frogging from 

legal sunrise to legal sunset only. 

Toppenish National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

9. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

* * * * * 

4. Condition A9 applies. 

* * * * * 

Umatilla National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

9. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

* * * * * 

3. Condition A9 applies. 

C. Big Game Hunting. We allow 

hunting of deer on designated areas of 

the refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow hunting by special refuge 

permit only. You must possess and 

carry the special refuge permit at all 

times while hunting. 

2. Condition A9 applies. 

* * * * * 

Willapa National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

7. You may not shoot or discharge any 

firearm from, across, or along a public 

highway, designated route of travel, 

road, road shoulder, road embankment, 

or designated parking area. 

B. Upland Game Hunting. * * * 

* * * * * 

5. Condition A7 applies. 

C. Big Game Hunting. We allow 

hunting of deer, elk, and bear on Long 

Island, and deer and elk only on 

designated areas of the refuge north of 

the Bear River and east of Wallapa Bay, 

in accordance with State regulations 

subject to the following conditions: 

* * * * * 

3. We prohibit bear hunting on any 

portion of the refuge except Long Island. 

* * * * * 

5. Condition A7 applies. 

* * * * * 

■ 39. Amend § 32.69 Wisconsin by 

revising paragraphs B.1. and B.4., 

adding paragraph B.6., and revising 

paragraph C. of Necedah National 

Wildlife Refuge to read as follows: 

§ 32.69 Wisconsin. 

* * * * * 

Necedah National Wildlife Refuge 

* * * * * 

B. Upland Game Hunting. * * * 

1. Shotgun hunters may possess only 

approved nontoxic shot while hunting 

on the refuge (see § 32.2(k)). This 

includes turkey hunters. 

* * * * * 

4. You may use dogs only when 

hunting migratory game birds and 

upland game (except raccoon). 

* * * * * 

6. You may possess only unloaded 

guns in the retrieval zone of the Refuge 

Area 2 between 20th Street West and 

Suk-Cerney flowage during the State 

waterfowl hunting season, except while 

hunting deer during the deer gun 

season. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We prohibit possession of a loaded 

firearm or a nocked arrow on a bow 

within 50 feet (15 m) of the centerline 

of all public roads. Also, during the gun 

deer season, we prohibit possession of 

a loaded firearm within 50 feet (15 m) 

of the center of refuge trails, and we 

prohibit discharge of guns from, across, 

down, or alongside these trails. 

2. We prohibit possession of a 

centerfire rifle capable of holding more 

than seven cartridges. 

3. We prohibit construction or use of 

permanent blinds, stands, or ladders. 

4. You may use portable elevated 

devices but must lower them to ground 

level at the close of shooting hours each 

day. You must remove all blinds, 

stands, platforms, and ladders from the 

refuge at the end of the hunting season 

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

5. Hunters must clearly mark all nonnatural blinds, stands, platforms, and 

ladders on the exterior with the owner’s 

name and address in letters that are 1 

inch (2.5 cm) high. You may also use an 

attached metal tag with stamped or 

engraved lettering that is clearly visible. 

6. We permanently close Refuge Area 

1 to all hunting. 

7. Refuge Area 2 is open to deer 

hunting during State archery, gun, and 

muzzleloader seasons, except for any 

October special Zone-T gun hunts. 

8. Refuge Area 3 is open to deer 

hunting during the State regular gun, 

muzzleloader, and late archery seasons. 

Unarmed deer hunters may enter Area 

3 to scout beginning the Saturday prior 

to the gun deer season 

9. We prohibit target or practice 

shooting. 

10. You may utilize clothes pins 

marked with flagging or reflective 

material. We allow no other types of 

marking. You must clearly identify the 

owner’s name and address on the 

clothes pin or the flagging itself. 

Hunters must remove all clothes pins by 

the last day of archery season. 

11. Beginning the Saturday prior to 

the opening of the State regular gun deer 

season, you may use nonmotorized 

boats on Sprague-Goose Pools until 

freeze-up in order to access areas for 

deer hunting. 

* * * * * 

Dated: August 26, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–17792 Filed 9–12–05; 8:45 am] 

BILLING CODE 4310–55–P