[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Proposed Rules]
[Pages 32415-32422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15138]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 32

RIN 1018-AD76


1996-97 Refuge-Specific Hunting and Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to amend 
certain regulations that pertain to migratory game bird hunting, upland 
game hunting, big game hunting and sport fishing on individual national 
wildlife refuges for the 1996-97 seasons. Refuge hunting and fishing 
programs are reviewed annually to determine whether the individual 
refuge regulations governing these programs should be modified, deleted 
or have additions made to them. Changing environmental conditions, 
State and Federal regulations, and other factors affecting wildlife 
populations and habitat may warrant modifications ensuring continued 
compatibility of hunting and fishing with the purposes for which 
individual refuges were established.

DATES: Comments on this proposed rule will be accepted on or before 
July 24, 1996.

ADDRESSES: Assistant Director--Refuges and Wildlife, U.S. Fish and 
Wildlife Service, 1849 C Street, NW, MS 670 ARLSQ, Washington, DC 
20240.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, at the above 
address; Telephone (703) 358-2397.

SUPPLEMENTARY INFORMATION: 50 CFR part 32 contains provisions governing 
hunting and fishing on national wildlife

[[Page 32416]]

refuges. Hunting and fishing are regulated on refuges to:
    <bullet> Ensure compatibility with refuge purposes;
    <bullet> Properly manage the fish and wildlife resource;
    <bullet> Protect other refuge values; and
    <bullet> Ensure refuge user safety.
    On many refuges, the Service policy of adopting State hunting and 
fishing regulations is adequate in meeting these objectives. On other 
refuges, it is necessary to supplement State regulations with more 
restrictive Federal regulations to ensure that the Service meets its 
management responsibilities, as outlined under the section entitled 
``Statutory Authority.'' Refuge-specific hunting and fishing 
regulations may be issued only after a wildlife refuge is opened to 
migratory game bird hunting, upland game hunting, big game hunting or 
sport fishing through publication in the Federal Register. These 
regulations may list the wildlife species that may be hunted or are 
subject to sport fishing, seasons, bag limits, methods of hunting or 
fishing, descriptions of open areas, and other provisions as 
appropriate. Previously issued refuge-specific regulations for hunting 
and fishing are contained in 50 CFR part 32. Many of the amendments to 
these sections are being promulgated to standardize and clarify the 
existing language of these regulations.

Request for Comments

    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. A 30-day comment period is specified in order to 
facilitate public input. Accordingly, interested persons may submit 
written comments concerning this proposed rule to the person listed 
above under the heading ADDRESSES. All substantive comments will be 
reviewed and considered.

Statutory Authority

    The National Wildlife Refuge System Administration Act (NWRSAA) of 
1966, as amended (16 U.S.C. 668dd), and the Refuge Recreation Act of 
1962 (16 U.S.C. 460k) govern the administration and public use of 
national wildlife refuges. Specifically, Section 4(d)(1)(A) of the 
NWRSAA authorizes the Secretary of the Interior to permit the use of 
any area within the Refuge System for any purpose, including but not 
limited to, hunting, fishing and public recreation, accommodations and 
access, when he determines that such uses are compatible with the major 
purpose(s) for which the area was established.
    The Refuge Recreation Act (RRA) 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 it is 
practicable and not inconsistent with the primary purpose(s) for which 
the areas were established. The NWRSAA and the RRA also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    Hunting and sport fishing plans are developed for each existing 
refuge prior to opening it to hunting or fishing. In many cases, 
refuge-specific regulations are developed to ensure the compatibility 
of the programs with the purposes for which the refuge was established. 
Initial compliance with the NWRSAA and the RRA has been ensured for 
hunting and sport fishing on newly acquired refuges through an interim 
determination of compatibility made at the time of acquisition. This 
has ensured that the determinations required by these acts have been 
made prior to the addition of refuges to the lists of areas open to 
hunting and fishing in 50 CFR part 32. Continued compliance is ensured 
by the development of long-term hunting and sport fishing plans and by 
annual review of hunting and sport fishing programs and regulations.
    The Service has determined that this action is in accordance with 
the provisions of all applicable laws, is consistent with principles of 
sound fish and wildlife management, helps implement Executive Order 
12962 (Recreational Fisheries), and is otherwise in the public interest 
by providing additional recreational opportunities at national wildlife 
refuges. Sufficient funds will be available within the refuge budgets 
to operate the hunting and sport fishing programs as proposed.

Paperwork Reduction Act

    This regulation has been examined under the Paperwork Reduction Act 
of 1995 and has been found to contain no information collection 
requirements.

Economic Effect

    Service review has revealed that the rulemaking will increase 
hunter and fishermen visitation to the surrounding area of the refuges 
before, during or after the recreational uses, compared to the refuge 
being closed to these recreational uses.
    These refuges are generally located away from large metropolitan 
areas. Businesses in the area of the refuges consist primarily of small 
family owned stores, restaurants, gas stations and other small 
commercial enterprises. In addition, there are several small commercial 
and recreational fishing and hunting camps and marinas in the general 
areas. This proposed rule would have a positive effect on such 
entities; however, the amount of revenue generated is not large.
    Many area residents enjoy a rural lifestyle that includes frequent 
recreational use of the abundant natural resources of the area. A high 
percentage of the households enjoy hunting, fishing, and boating in 
area wetlands, rivers and lakes. Refuge lands were not generally 
available for general public use prior to government acquisition; 
however, they were fished and hunted upon by friends and relatives of 
the landowners, and some were under commercial hunting and fishing 
leases. Many nearby residents also participate in other forms of 
nonconsumptive outdoor recreation, such as biking, hiking, camping, 
birdwatching, canoeing, and other outdoor sports.
    Economic impacts of refuge fishing and hunting programs on local 
communities are calculated from average expenditures in the ``1995 
National Survey of Fishing, Hunting, and Wildlife-Associated 
Recreation''. In 1995, 42 million U.S. residents 16 years old and older 
hunted and/or fished. More specifically, 37 million fished and 14.5 
million hunted. Those who both fished and hunted account for the 9.5 
million overage. Nationwide expenditures by sportsmen totaled $42 
billion. Trip-related expenditures for food, lodging, and 
transportation were $16 billion or 37 percent of all fishing and 
hunting expenditures; equipment expenditures amounted to $19 billion, 
or 46 percent of the total; other expenditures such as those for 
magazines, membership dues, contributions, land leasing, ownership, 
licenses, stamps, tags, and permits accounted for $6.9 billion, or 16 
percent of all expenditures. Overall, anglers spent an average of $41 
per day. For each day of hunting, big game hunters averaged spending 
$40, small game hunters $20, and migratory bird hunters $33.
    At these 40 National Wildlife Refuges in 24 states, 816,000 
fishermen are expected to spend $33.5 million annually in pursuit of 
their sport, while an estimated 203,000 hunters will spend $6.7 million 
annually hunting on the refuges. While many of these fishermen and 
hunters already make such expenditures prior to the refuge opening, 
minor amounts of these additional expenditures are directly due

[[Page 32417]]

to the land now being open to the general public.
    This rulemaking will have a small but positive impact on local 
economies and is not subject to Office of Management and Budget review 
under Executive Order 12866. In addition, a review under the Regulatory 
Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed that the 
rulemaking would increase visitation and expenditures in the 
surrounding area of the refuges. The rulemaking would not have a 
significant effect on a substantial number of small entities in the 
area, such as businesses, organizations and governmental jurisdictions.

Unfunded Mandates

    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not 
impose a cost of $100 million or more in any given year on local or 
State governments or private entities.

Environmental Considerations

    Compliance with the National Environmental Policy Act of 1969 
(NEPA) (42 U.S.C. 4332(C)) is ensured when hunting and sport fishing 
plans are developed, and the determinations required by this act are 
made prior to the addition of refuges to the lists of areas open to 
hunting and fishing in 50 CFR part 32. The changes in hunting and 
fishing herein proposed were reviewed with regard to Section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) and found to 
either have no affect on or are not likely to adversely affect listed 
species or critical habitat. The amendment of refuge-specific hunting 
and fishing regulations are subject to a categorical exclusion from the 
NEPA process if they do not significantly alter the existing use of a 
particular national wildlife refuge. The Service exclusion found at 516 
DM 6, App.1.4 B(5) is employed here as these amendments are considered 
``[m]inor changes in the amounts or types of public use on FWS or 
State-managed lands, in accordance with regulations, management plans, 
and procedures.'' These refuge-specific hunting and fishing revisions 
to existing regulations simply qualify or otherwise define an existing 
hunting or fishing activity, for purposes of resource management. These 
documents are on file in the offices of the Service and may be viewed 
by contacting the primary author noted below. Information regarding 
hunting and fishing permits and the conditions that apply to individual 
refuge hunts, sport fishing activities, and maps of the respective 
areas are retained at refuge headquarters and can be obtained from the 
regional offices of the U.S. Fish and Wildlife Service at the addresses 
listed below:
    Region 1--California, Hawaii, Idaho, Nevada, Oregon, and 
Washington. Assistant Regional Director--Refuges and Wildlife, U.S. 
Fish and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 
N.E. 11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-
6214.
    Region 2--Arizona, New Mexico, Oklahoma and Texas. Assistant 
Regional Director--Refuges and Wildlife U.S. Fish and Wildlife Service, 
Box 1306, Albuquerque, New Mexico 87103; Telephone (505) 766-1829.
    Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio and Wisconsin. Assistant Regional Director--Refuges and Wildlife, 
U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, Twin 
Cities, Minnesota 55111; Telephone (612) 725-3507.
    Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico and 
the Virgin Islands. Assistant Regional Director--Refuges and Wildlife, 
U.S. Fish and Wildlife Service, 1875 Century Boulevard, Room 324, 
Atlanta, Georgia 30345; Telephone (404) 679-7152.
    Region 5--Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. 
Assistant Regional Director--Refuges and Wildlife, U.S. Fish and 
Wildlife Service, 300 Westgate Center Drive, Hadley, Massachusetts 
01035; Telephone (413) 253-8550.
    Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah and Wyoming. Assistant Regional Director--Refuges and 
Wildlife, U.S. Fish and Wildlife Service, Box 25486, Denver Federal 
Center, Denver, Colorado 80225; Telephone (303) 236-8145.
    Region 7--Alaska. Assistant Regional Director--Refuges and 
Wildlife, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, 
Alaska 99503; Telephone (907) 786-3545.

Primary Author

    Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife 
Service, Washington, DC 20240, is the primary author of this rulemaking 
document.

List of Subjects in 50 CFR Part 32

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

    Accordingly, Part 32 of Chapter I of Title 50 of the Code of 
Federal Regulations is proposed to be amended as follows:

PART 32--[AMENDED]

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

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i.


Sec. 32.7  [Amended]

    2. Section 32.7 List of refuge units open to hunting and/or 
fishing, is amended by alphabetically adding the listings ``Windom 
Wetland Management District'' to the State of Minnesota; ``William L. 
Finley National Wildlife Refuge'' to the State of Oregon; and ``Upper 
Mississippi River National Wildlife and Fish Refuge'' to the State of 
Wisconsin; and revising the existing name of ``Patuxent Wildlife 
Research Center'' to read ``Patuxent Research Refuge'' in the State of 
Maryland.
    3. Section 32.23 Arkansas is amended by adding paragraph D.3. to 
Cashe River National Wildlife Refuge to read as follows:


Sec. 32.23  Arkansas.

* * * * *

Cashe River National Wildlife Refuge.

* * * * *
    D. Sport Fishing. * * *
* * * * *
    3. Fishing and frogging is permitted in accordance with refuge 
regulations and applicable state fishing and frogging regulations.
* * * * *
    4. Section 32.24 California is amended by revising paragraph A.7., 
of Lower Klamath National Wildlife Refuge; and by revising paragraph 
A.2., of Salton Sea National Wildlife Refuge to read as follows:


Sec. 32.24  California.

* * * * *

Lower Klamath National Wildlife Refuge.

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    7. Only nonmotorized boats and boats with electric motors are 
permitted on units 4b and 4c from the start of hunting season 
through November 30. Motorized boats are permitted on units 4b and 
4c from December 1 through the end of hunting season.
* * * * *

Salton Sea National Wildlife Refuge.

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    2. Hunters must hunt from assigned blinds on the Union Tract and 
within 100 feet (.9144 meters) of blind sites on the Hazard

[[Page 32418]]

Tract, except when shooting to retrieve crippled birds.
* * * * *
    5. Section 32.32 Illinois is amended by removing paragraph A.4., 
and revising paragraphs D.2. and D.5 of Chautauqua National Wildlife 
Refuge; by revising paragraphs C.1. and D.1. of Crab Orchard National 
Wildlife Refuge; by revising Mark Twain National Wildlife Refuge; by 
revising paragraphs D.1., D.2., D.3., adding paragraph D.4. of 
Meredosia National Wildlife Refuge; and revising paragraph A.1., adding 
paragraph A.3., revising paragraphs B.1., B.2. and B.3.; revising 
paragraphs C.1., C.2., and C.3. of Upper Mississippi River Wildlife and 
Fish Refuge to read as follows:


Sec. 32.32  Illinois.

* * * * *

Chautauqua National Wildlife Refuge.

* * * * *
    D. Sport Fishing. * * *
* * * * *
    2. Anglers must not use more than two poles and each pole must 
not have more than two hooks or lures attached while fishing in the 
Kikunessa Pool of Chautauqua National Wildlife Refuge.
* * * * *
    5. Weis Lake on the Cameron-Billsbach Unit of Chautauqua 
National Wildlife Refuge is closed to all public entry from October 
16 through January 14, to provide sanctuary for migratory birds.

Crab Orchard National Wildlife Refuge.

* * * * *
    C. Big Game Hunting. * * *
    1. A special permit issued by the Illinois Department of Natural 
Resources is required.
* * * * *
    D. Sport Fishing. * * *
    1. Fishing from boat is permitted all year west of Wolf Creek 
Road. East of Wolf Creek Road fishing from boats is permitted from 
March 15 through September 30. Fishing from the bank east of Wolf 
Creek Road is permitted all year, but only at the Wolf Creek and 
Route 148 causeways. Trotlines and jugs west of Wolf Creek Road must 
be removed from sunrise to sunset from Memorial Day through Labor 
Day. Trotlines and jugs on the entire lake must be removed on the 
last day they are used. They must be anchored only with portable 
weights which are removed along with the trotlines and jugs. It is 
illegal to use stakes or to employ any floatation device which has 
previously contained any petroleum based materials or toxic 
substances. All noncommercial fishing methods are permitted except 
those requiring underwater breathing apparatus.
* * * * *

Mark Twain National Wildlife Refuge.

    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted on designated areas of the refuge subject to 
posted regulations.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to posted regulations.
    1. Only nontoxic shot may be used or possessed while hunting all 
permitted birds, except wild turkeys. The possession and use of lead 
shot is still permitted for wild turkey hunting.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to posted regulations.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to posted regulations.

Meredosia National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
    1. Sport fishing is allowed on all refuge waters during daylight 
hours from January 15 through October 15.
    2. From October 16 through January 14, fishing is permitted 
south of Carver Lake by foot access only.
    3. Private boats may not be left in refuge waters overnight.
    4. Motorboats are restricted to ``slow speed/minimum wake.''

Upper Mississippi River National Wildlife and Fish Refuge

    A. Hunting of Migratory Game Birds. * * *
    1. Hunting of all migratory birds is prohibited on refuge closed 
areas posted ``Area Closed'', on the Goose Island ``No Hunting'' 
zone in Pool 8, and on the Upper Halfway Creek Marsh ``No Hunting'' 
zone in Pool 7.
* * * * *
    3. Hunters may only use and possess nontoxic shot when hunting 
for any permitted migratory bird.
    B. Upland Game Hunting. * * *
    1. Hunting or possession of firearms are prohibited between 
March 15 and the opening of the State fall hunting seasons except 
that hunting of wild turkey is permitted during the State spring 
turkey season.
    2. Hunting is permitted on refuge areas posted ``Area Closed'' 
beginning the day after the close of the applicable State duck 
hunting season until season closure or March 15, whichever occurs 
first, except that hunting of wild turkey is permitted during the 
State spring wild turkey season.
    3. Hunting is prohibited at all times on the Goose Island ``No 
Hunting'' zone in Pool 8, and Upper Halfway Creek Marsh ``No 
Hunting'' zone in Pool 7.
* * * * *
    C. Big Game Hunting. * * *
    1. Hunting is permitted until season closure or March 15, 
whichever date occurs first.
    2. Hunting is permitted on refuge areas posted ``Area Closed'' 
beginning the day after the close of the applicable State duck 
hunting season until season closure or March 15, whichever date 
occurs first.
    3. Hunting is prohibited at all times on the Goose Island ``No 
Hunting'' zone in Pool 8 and Upper Halfway Creek Marsh ``No 
Hunting'' zone in Pool 7.
* * * * *
    6. Section 32.34 Iowa is amended by removing paragraph C.2., and 
redesignating paragraphs C.3. and C.4. as paragraphs C.2. and C.3. of 
Desoto National Wildlife Refuge; and by removing paragraphs C.6. and 
C.7. of Driftless Area National Wildlife Refuge; and revising the 
introductory text of paragraph B. and paragraph B.2. of Walnut Creek 
National Wildlife Refuge to read as follows:


Sec. 32.34  Iowa.

* * * * *

DeSoto National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
* * * * *
    2. The construction or use of permanent blinds, platforms or 
ladders is not permitted.
    3. All stands must be removed from the refuge by the close of 
the season.
* * * * *

Walnut Creek National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunting of ringnecked pheasants, 
bobwhite quail, cottontail rabbits, and squirrels is permitted on 
designated areas of the refuge subject to the following conditions:
* * * * *
    2. Hunting is permitted from opening of state season and will 
close at the dates posted by the refuge manager.
* * * * *
    7. Section 32.36 Kentucky is amended by revising paragraphs A., B. 
and C., of Ohio River Islands National Wildlife Refuge to read as 
follows:


Sec. 32.36  Kentucky.

* * * * *

Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Migratory game bird hunting 
is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Hunting Regulations 
Leaflet while participating in a refuge hunt.
    B. Upland Game Hunting. The hunting of rabbit and squirrel is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. The use of dogs for pursuit while rabbit hunting is 
prohibited.
    2. The taking of squirrel and rabbit is restricted to shotgun 
only.
    3. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Hunting Regulations 
Leaflet while participating in a refuge hunt.
    4. Hunters will possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. The hunting of white-tailed deer is 
permitted on designated areas of the refuge subject to the following 
conditions:

[[Page 32419]]

    1. Only archery hunting is permitted.
    2. Organized deer drives by two or more hunters are prohibited. 
A drive is hereby defined as the act of chasing, pursuing, 
disturbing or otherwise directing deer so as to make the animals 
more susceptible to harvest.
    3. Baiting for deer on refuge lands is prohibited.
    4. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Regulations Leaflet 
while participating in a refuge hunt.
* * * * *
    8. Section 32.37 Louisiana is amended by revising paragraph C.1., 
of D'Arbonne National Wildlife Refuge; by revising paragraph A. of Lake 
Ophelia National Wildlife Refuge; and revising paragraph C.1. of Upper 
Ouachita National Wildlife Refuge to read as follows:


Sec. 32.37  Louisiana.

* * * * *

D'Arbonne National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
    1. Either-sex deer hunting with firearms is permitted during the 
second and third either-sex firearms seasons for Union Parish.
* * * * *

Lake Ophelia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots 
is permitted on designated areas of the refuge subject to the 
following condition:
    1. Daily permits are required.
* * * * *

Upper Ouachita National Wildlife Refuge

* * * * *
    C. Big Game Hunting. * * *
    1. Either-sex deer hunting with firearms is permitted during the 
second and third either-sex firearms seasons for Union Parish.
* * * * *
    9. Section 32.38 Maine is amended by revising paragraphs A., B. and 
C., of Rachel Carson National Wildlife Refuge to read as follows:


Sec. 32.38  Maine.

* * * * *

Rachel Carson National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese, 
coots, woodcock and snipe is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Permits are required.
    2. Personal property must be removed from the refuge after each 
day's hunt.
    B. Upland Game Hunting. Hunting of upland game birds, gray 
squirrel, cottontail rabbit, snowshoe hare, fox and coyote is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required.
    2. Fox and coyote may be hunted only during the State firearm 
deer season.
    3. Hunters during firearms big game season must wear in a 
conspicuous manner on head, chest and back a minimum of 400 square 
inches (10.16 square meters) of solid-colored hunter orange clothing 
or material.
    4. Hunters will possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Permits are required.
    2. Hunters during firearms big game season must wear in a 
conspicuous manner on head, chest and back a minimum of 400 square 
inches (10.16 square meters) of solid-colored hunter orange clothing 
or material.
* * * * *
    10. Section 32.39 Maryland is amended by revising the refuge 
heading, the introductory text of paragraphs A., B. and C.; and 
revising paragraph D., of Patuxent Research Refuge, to read as follows:


Sec. 32.39  Maryland.

* * * * *

Patuxent Research Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted on designated areas of the refuge subject to the 
following conditions:
* * * * *
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following conditions:
* * * * *
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
* * * * *
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge at designated times subject to the following conditions:
    1. Open fishing areas are delineated on a map available at the 
refuge.
    2. Fresh water fishing and boating laws of the State of Maryland 
apply to include opening/closing of seasons and creel limits.
    3. Hook and line tackle and baits permitted by Maryland law, 
except no live minnows or other fish may be used for bait.
    4. Special provisions: Cash Lake, a 54 acre lake located on the 
South Tract requires a federal permit to fish, and a limit of 25 
daily permits will be issued. Persons may request a permit 
application by contacting: National Wildlife Visitor Center, Laurel, 
Maryland, during normal working hours. Each request must include the 
person's name, address, and phone number, and the model, year and 
license number of the vehicle that will drive to the refuge. 
Requests may be made 1 week prior to the requested fishing date. 
Each permit shall authorize the permit holder to be accompanied by 
one licensed angler or up to two children under the age of 16. Open 
season is June 15 through October 15: 6 a.m. to legal sunset daily. 
Species permitted to be taken: Bass, pickerel, catfish, and sunfish. 
Daily creel limits: bass, catch and release only; pickerel, catch 
and release only except keeping of one pickerel greater than 15 
inches in length is permitted; sunfish and catfish, 15 per day total 
fish limit. Boats may be used by permittees subject to the following 
conditions: no gasoline motors permitted; boats may not be trailered 
to the water; boats other than canoes may not exceed 14 feet; 
sailboats and kayaks are not permitted.

    11. Section 32.40 Massachusetts is amended by revising paragraph 
C., of Parker River National Wildlife Refuge to read as follows:


Sec. 32.40  Massachusetts.

* * * * *

Parker River National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
conditions:
    1. A refuge permit is required.
* * * * *
    12. Section 32.42 Minnesota is amended by revising introductory 
text of paragraph B., of Rice Lake National Wildlife Refuge; by adding 
in alphabetical order Windom Wetland Management District to read as 
follows:


Sec. 32.42  Minnesota.

* * * * *

Rice Lake National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunting of ruffed grouse, spruce grouse, 
grey and fox squirrels, cottontail rabbit and snowshoe hare is 
permitted on designated areas of the refuge.
* * * * *

Windom Wetland Management District

    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted throughout the district except that no hunting is 
permitted on the Worthington Waterfowl Production Area in Nobles 
County.
    B. Upland Game Hunting. Upland game hunting is permitted 
throughout the district except that no hunting is permitted on the 
Worthington Waterfowl Production Area in Nobles County.
    C. Big Game Hunting. Big game hunting is permitted throughout 
the district except that no hunting is permitted on the Worthington 
Waterfowl Production Area in Nobles County.
    D. Sport Fishing. Fishing is permitted throughout the district.
    13. Section 32.43 Mississippi is amended by revising paragraph D., 
of Dahomey National Wildlife Refuge to read as follows:


Sec. 32.43  Mississippi.

* * * * *

Dahomey National Wildlife Refuge

* * * * *

[[Page 32420]]

    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to the following condition:
    1. Permits are required.
* * * * *
    14. Section 32.44 Missouri is amended by revising paragraphs B., C. 
and D., of Mingo National Wildlife Refuge to read as follows:


Sec. 32.44  Missouri.

* * * * *

Mingo National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Upland game hunting is permitted on 
designated areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Big game hunting is permitted on designated 
areas of the refuge subject to posted regulations.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to posted regulations.
* * * * *
    15. Section 32.47 Nevada is amended by revising paragraph B., of 
Ash Meadows National Wildlife Refuge; and by revising paragraphs D.2, 
D.4., D.5., and D.8. of Ruby Lake National Wildlife Refuge to read as 
follows:


Sec. 32.47  Nevada

* * * * *

Ash Meadows National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunting of quail, cottontail rabbits, 
and jackrabbits is permitted on designated areas of the refuge 
subject to the following conditions:
    1. Hunting of cottontail rabbits and jackrabbits is permitted 
only during the State quail hunting season.
    2. Only shotguns are permitted.
* * * * *

Ruby Lake National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
* * * * *
    2. Only dike fishing is permitted in the areas north of the 
Brown Dike and east of the Collection Ditch with the exception that 
fishing by wading and from personal flotation devices (float tubes) 
is permitted in Unit 21.
* * * * *
    4. Annually, beginning June 15 and continuing until December 31, 
motorless boats and boats with battery powered electric motors are 
permitted only on the South Marsh.
    5. Annually, beginning August 1 and continuing until December 
31, boats propelled with a motor or combination of motors in 
aggregate not to exceed 10 horse-power rating are permitted on the 
South Marsh.
* * * * *
    8. Bank fishing in the South Marsh is only permitted at Brown 
Dike, the Main Boat Landing, and Narciss Boat Landing.
* * * * *
    16. Section 32.50 New Mexico is amended by revising paragraphs A.1. 
and D., of Bitter Lake National Wildlife Refuge to read as follows:


Sec. 32.50  New Mexico.

* * * * *

Bitter Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. * * *
    1. Hunting is permitted only on Tuesdays, Thursdays, and 
Saturdays of each week until 1 p.m.
* * * * *
    D. Sport Fishing. [Reserved]
* * * * *
    17. Section 32.52 North Carolina is amended by revising paragraphs 
C. and D.3., of Mattamuskeet National Wildlife Refuge; and revising Pee 
Dee National Wildlife Refuge to read as follows:


Sec. 32.52  North Carolina.

* * * * *

Mattamuskeet National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
condition:
    1. Permits are required.
    D. Sport Fishing. * * *
* * * * *
    3. Herring (alewife) dipping is not permitted.
* * * * *

Pee Dee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves is 
permitted on designated areas of the refuge subject to the following 
condition:
    1. Permits are required.
    B. Upland Game Hunting. Hunting of quail, squirrel, rabbit, 
raccoon and opossum is permitted on designated areas of the refuge 
subject to the following condition:
    1. Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
condition:
    1. Permits are required and special quota permits are required 
for gun deer hunts.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to the following conditions:
    1. Fishing with a pole and line or rod and reel is permitted 
from March 15 to October 15 during daylight hours only.
    2. Boats may be used in Andrews Pond, Beaver Ponds, and 
Arrowhead Lake only.
    3. Only electric motors are permitted in refuge waters.
    4. The possession and/or use of trotlines, set hooks, gigs, yo-
yo's, jug-lines, limblines, nets, seines, fish traps, and other 
similar equipment is prohibited on the refuge.
    5. The possession and/or use of minnows as bait is prohibited on 
the refuge.
    6. Frogging and turtling is prohibited.
    7. Certain fishing areas may be closed at anytime for management 
purposes.
* * * * *
    18. Section 32.55 Oklahoma is amended by revising paragraphs A., B. 
and C., of Deep Fork National Wildlife Refuge; and by revising 
paragraphs A., B.1., B.2., C. and D.1.; adding paragraphs B.3, B.4., 
B.5., and D.4., of Sequoyah National Wildlife Refuge to read as 
follows:


Sec. 32.55  Oklahoma.

* * * * *

Deep Fork National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrel is permitted on 
portions of the refuge in accordance with State hunting regulations 
subject to the following exceptions and conditions:
    1. Refuge squirrel season will be closed from October 1 through 
the end of rifle deer season.
    2. Shotguns only with steel shot may be used.
    3. Dogs may be used for squirrel hunting, but must remain under 
control of the hunter at all times.
    4. Hunting maps and/or posted signs will be used to delineate 
open and closed areas.
    5. Off-road vehicles are prohibited.
    C. Big Game Hunting. White-tailed deer hunting is permitted on 
designated portions of Deep Fork NWR subject to the following 
conditions:
    1. Permits and payment of fees are required.
    2. Off-road vehicle use is prohibited.
    3. Each hunter entering the refuge must possess a refuge permit.
* * * * *

Sequoyah National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl, dove, 
coots, rail, snipe and woodcock is permitted on designated areas of 
the refuge subject to the following conditions:
    1. The Sequoyah National Wildlife Refuge is open during seasons, 
dates, and times as posted by signs and/or indicated on refuge 
leaflets, special regulations, permits, and maps.
    2. All hunters shall possess and use, while in the field, only 
nontoxic shot.
    3. Pits and permanent blinds are not permitted.
    4. Neither hunters nor dogs may enter closed areas to retrieve 
game.
    5. Hunting is not allowed within 50 ft. (15.24 meters) of 
designated roads or parking areas.
    6. Only shotguns and bows and arrows (excluding broadhead 
arrows) are permitted.
    7. Decoys, boats and other personal property must be removed 
from the refuge following each days hunt.
    B. Upland Game Hunting. * * *
    1. The Sequoyah National Wildlife Refuge is open during seasons, 
dates, and times as posted by signs and/or indicated on refuge

[[Page 32421]]

leaflets, special regulations, permits, and maps.
    2. All hunters shall possess and use, while in the field, only 
nontoxic shot.
    3. Neither hunters nor dogs may enter closed areas to retrieve 
game.
    4. Hunting is not allowed within 50 ft. (15.24 meters) of 
designated roads or parking areas.
    5. Only shotguns and bows and arrows (excluding broadhead 
arrows) are permitted.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
conditions:
    1. Permits and payment of a fee are required
    2. All hunters must attend a hunter orientation briefing prior 
to each hunt.
    D. Sport Fishing. * * *
    1. The Sequoyah National Wildlife Refuge is open to fishing as 
specified on refuge leaflets, special regulations, permits, maps, or 
as posted on signs.
* * * * *
    4. The taking of turtles and mussels is not permitted.
* * * * *
    19. Section 32.56 Oregon is amended by revising paragraph B.3, of 
Cold Springs National Wildlife Refuge; by revising paragraph B.3. of 
McKay Creek National Wildlife Refuge, and by revising paragraph B.3. of 
Umatilla National Wildlife Refuge to read as follows:


Sec. 32.56  Oregon.

* * * * *

Cold Springs National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    3. Hunters shall possess and use, while in the field, only 
nontoxic shot.
* * * * *

McKay Creek National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    3. Hunters shall possess and use, while in the field, only 
nontoxic shot.
* * * * *

Umatilla National Wildlife Refuge

    A. Hunting of Migratory Game Birds. * * *
* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    3. Hunters shall possess and use, while in the field, only 
nontoxic shot.
* * * * *
    20. Section 32.57 Pennsylvania is amended by revising paragraphs 
A., B. and C., of Ohio River Islands National Wildlife Refuge to read 
as follows:


Sec. 32.57   Pennsylvania.

* * * * *

Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Migratory game bird hunting 
is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Hunting Regulations 
Leaflet while participating in a refuge hunt.
    B. Upland Game Hunting. The hunting of rabbit and squirrel is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. The use of dogs for pursuit while rabbit hunting is 
prohibited.
    2. The taking of squirrel and rabbit is restricted to shotgun 
only.
    3. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Hunting Regulations 
Leaflet while participating in a refuge hunt.
    4. Hunters will possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. The hunting of white-tailed deer is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Only archery hunting is permitted.
    2. Organized deer drives by two or more hunters are prohibited. 
A drive is hereby defined as the act of chasing, pursuing, 
disturbing or otherwise directing deer so as to make the animals 
more susceptible to harvest.
    3. Baiting for deer on refuge lands is prohibited.
    4. Each hunter must have in his possession a current copy of the 
Ohio River Islands National Wildlife Refuge Regulations Leaflet 
while participating in a refuge hunt.
* * * * *
    21. Section 32.64 Utah is amended by revising paragraphs A., B. and 
D. of Bear River Migratory Bird Refuge to read as follows:


Sec. 32.64  Utah.

* * * * *

Bear River Migratory Bird Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, 
coots, and tundra swan is permitted on designated areas of the 
refuge subject to the following conditions:
    1. No hunting or shooting is permitted within 100 yards (30.48 
meters) of principal refuge roads (the tour route).
    2. All firearms must be completely unloaded (including the 
magazine) and cased or dismantled when hunters are in a vehicle or 
while on principle refuge roads (the tour route) and parking sites.
    3. While in the field, hunters shall possess and use only 
nontoxic shot.
    4. Use of pits or permanent blinds is not permitted.
    5. Airboats are permitted only in Unit 9 and in Block C of the 
Refuge.
    6. The Refuge, including parking sites, is closed ninety (90) 
minutes after sunset (end of shooting hours). Decoys, boats, 
vehicles and other personal property may not be left on the refuge 
overnight.
    7. Parking is permitted in designated parking sites only.
    8. Hunters who take or attempt to take tundra swans must possess 
a Utah State Swan Permit and may not possess or use more than 10 
shells per day while hunting swans.
    9. Any person entering, using or occupying the refuge for 
waterfowl hunting must abide by all the terms and conditions in the 
Refuge hunting brochure.
    B. Upland Game Hunting. Hunting of pheasants is permitted on 
designated areas of the refuge subject to the following conditions:
    1. While in the field, hunters shall possess and use only 
nontoxic shot.
    C. Big Game Hunting. * * *
    D. Sport Fishing. Fishing is permitted on designated areas of 
the Refuge subject to the following conditions:
    1. Fishing is permitted year-round in designated areas of the 
Refuge.
* * * * *
    22. Section 32.65 Vermont is amended by revising introductory text 
of paragraph B., and revising paragraph B.2. of Missisquoi National 
Wildlife Refuge to read as follows:


Sec. 32.65  Vermont.

* * * * *

Missisquoi National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. Hunting of rabbits, ruffed grouse and 
squirrels is permitted on designated areas of the refuge subject to 
the following conditions:
* * * * *
    2. The use of rifles is not permitted on that portion of the 
refuge lying east of the Missisquoi River.
* * * * *
    23. Section 32.66 Virginia is amended by revising paragraph C., of 
Chincoteague National Wildlife Refuge to read as follows:
* * * * *


Sec. 32.66  Virginia.

* * * * *

Chincoteague National Wildlife Refuge

* * * * *
    C. Big Game Hunting. Hunting of white-tailed deer and sika is 
permitted in designated areas of the refuge subject to the following 
conditions:
    1. A refuge permit is required.
* * * * *
    24. Section 32.67 Washington is amended by revising paragraph A., 
of Ridgefield National Wildlife Refuge; and by revising paragraph B.2., 
of Toppenish National Wildlife Refuge to read as follows:


Sec. 32.67  Washington.

* * * * *

Ridgefield National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, and 
coots is

[[Page 32422]]

permitted on designated areas of the refuge subject to the following 
condition: Hunting is by permit only.
* * * * *

Toppenish National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    2. Hunters shall possess and use, while in the field, only 
nontoxic shot.
* * * * *
    25. Section 32.69 Wisconsin is amended by revising paragraphs B.1., 
B.2., C.4. and D., of Necedah National Wildlife Refuge; and adding 
Upper Mississippi River National Wildlife and Fish Refuge 
alphabetically to read as follows:


Sec. 32.69  Wisconsin.

* * * * *

Necedah National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. * * *
    1. During State waterfowl hunting season, guns must be unloaded 
or cased in the retrieval zone of Refuge Area 7.
    2. During the spring turkey hunting season only, persons having 
an unexpired State spring turkey permit in possession may enter and 
hunt wild turkeys in all open refuge areas.
* * * * *
    C. Big Game Hunting. * * *
* * * * *
    4. Refuge Areas 1,2,4,5,6 and 7 are open to deer hunting.
* * * * *
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge at designated times subject to the following conditions.
    1. Non-motorized boats are permitted in Sprague-Goose Pools only 
when these pools are open to fishing. Motorized boats are permitted 
in Suk Cerney Pool.
* * * * *

Upper Mississippi River National Wildlife and Fish Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game 
birds is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Hunting of all migratory birds is prohibited on refuge closed 
areas posted ``Area Closed'', on the Goose Island ``No Hunting'' 
zone in Pool 8, and on the Upper Halfway Creek Marsh ``No Hunting'' 
zone in Pool 7.
    2. Permits are required for Potters Marsh in Pool 13 except 
during the early teal season.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following conditions:
    1. Hunting or possession of firearms are prohibited between 
March 15 and the opening of the State fall hunting seasons except 
that hunting of wild turkey is permitted during the State spring 
turkey season.
    2. Hunting is permitted on refuge areas posted ``Area Closed'' 
beginning the day after the close of the applicable State duck 
hunting season until season closure or March 15, whichever occurs 
first, except that hunting of wild turkey is permitted during the 
State spring wild turkey season.
    3. Hunting is prohibited at all times on the Goose Island ``No 
Hunting'' zone in Pool 8, and Upper Halfway Creek Marsh ``No 
Hunting'' zone in Pool 7.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following 
conditions:
    1. Hunting is permitted until season closure or March 15, 
whichever date occurs first.
    2. Hunting is permitted on refuge areas posted ``Area Closed'' 
beginning the day after the close of the applicable State duck 
hunting season until season closure or March 15, whichever date 
occurs first.
    3. Hunting is prohibited at all times on the Goose Island ``No 
Hunting'' zone in Pool 8 and Upper Halfway Creek Marsh ``No 
Hunting'' zone in Pool 7.
    4. Construction or use of permanent blinds, platforms or ladders 
is not permitted.
    5. All stands must be removed from the refuge at the end of each 
day's hunt.
    D. Sport Fishing. Fishing is permitted on designated areas of 
the refuge subject to the following conditions:
    1. Fishing on the Spring Lake Closed Area, Carroll County, 
Illinois, is not permitted from October 1 through the last day of 
the Illinois waterfowl season.
    2. Only hand powered boats or boats with electric motors are 
permitted on Mertes' Slough in Buffalo County, Wisconsin.

    26. Section 32.71 Pacific Islands Territory is amended by revising 
paragraphs D.1., D.3., D.4., removing paragraph D.5., and redesignating 
paragraph D.6 as paragraph D.5. of Johnson Atoll National Wildlife 
Refuge to read as follows:


Sec. 32.71  Pacific Islands Territory.

* * * * *

Johnson Atoll National Wildlife Refuge

* * * * *
    D. Sport Fishing. * * *
    1. Lobsters of 31/4 inch carapace length or more may be taken 
from the lagoon area from September 1 through May 31, but not by 
spearing, traps, or the use of pry bars or related methods 
destructive to coral; no female lobsters bearing eggs may be taken 
at any time.
* * * * *
    3. Taking of fish by the use of spear ``guns'' is prohibited. 
Hand-propelled speaxs or ``Hawaiian Slings'' consisting of a single 
shaft propelled by a rubber tube are permitted for underwater taking 
of fish. Above water use of spears is prohibited.
    4. The collecting or taking of all forms of live or dead coral 
is prohibited; the export of coral by any means is prohibited.
* * * * *
    Dated: June 3, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-15138 Filed 6-21-96; 8:45 am]
BILLING CODE 4310-55-P