51152 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 32 

[FWS–R9–WSR–2008–0017; 93250–1261– 

0000–4A] 

RIN 1018–AV20 

2008–2009 Refuge-Specific Hunting 

and Sport Fishing Regulations 

(Additions) 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Fish and Wildlife Service 

adds one refuge to the list of areas open 

for hunting and/or sport fishing 

programs and increases the activities 

available at six other refuges for the 

2008–2009 season. 

DATES: This rule is effective on August 

29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Leslie A. Marler, Management Analyst, 

Division of Conservation Planning and 

Policy, U.S. Fish and Wildlife Service, 

4401 N. Fairfax Drive, Suite 670, 

Arlington, VA 22203; (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 or our/we) 

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 review refuge hunting and sport 

fishing programs to determine whether 

to include additional refuges or whether 

individual refuge regulations governing 

existing programs need modifications. 

Changing environmental conditions, 

State and Federal regulations, and other 

factors affecting fish and wildlife 

populations and habitat may warrant 

modifications to 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 

fish and 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, along with 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. In this rulemaking, 

we are also standardizing and clarifying 

the language of existing 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 Refuge 

System, using the word ‘‘allow’’ instead 

of ‘‘permit’’ when we do not require the 

use of a permit for an activity, and using 

active voice (i.e., ‘‘We restrict entry into 

the refuge’’ vs. ‘‘Entry into the refuge is 

restricted’’). 

Statutory Authority 

The National Wildlife Refuge System 

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

668dd–668ee, as amended by the 

National Wildlife Refuge System 

Improvement Act of 1997 [Improvement 

Act]) (Administration Act) and the 

Refuge Recreation Act of 1962 (16 

U.S.C. 460k–460k–4) (Recreation Act) 

govern the administration and public 

use of refuges. 

Amendments enacted by the 

Improvement Act built 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 our Refuge System mission on 

conservation of fish, wildlife, and plant 

resources and their habitats. The 

Improvement Act requires the Secretary, 

before allowing a new use of a refuge, 

or before expanding, renewing, or 

extending an existing use of a refuge, to 

determine that the use is compatible 

with the mission for which the refuge 

was established. The Improvement Act 

established as the policy of the United 

States that wildlife-dependent 

recreation, when compatible, is a 

legitimate and appropriate public use of 

the Refuge System, through which the 

American public can develop an 

appreciation for fish and wildlife. The 

Improvement Act established six 

wildlife-dependent recreational uses, 

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 


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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 51153 

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 

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 June 11, 2008, Federal Register 

(73 FR 33202) 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 July 11, 2008, 

following a 30-day comment period. 

We received 16 comments on the 

proposed rule, 7 opposed and 9 in 

support of the rulemaking. We have 

synthesized these comments into four 

general comments for our response. 

Comment 1: Several commenters 

expressed concern about the opening of 

Hamden Slough NWR to deer hunting. 

Response 1: Land use surrounding the 

refuge is primarily agricultural; 

however, approximately 5,500 acres of 

federally managed waterfowl 

production areas, and State-managed 

wildlife management areas are found in 

the three-township area surrounding the 

refuge. While we agree that deer 

populations are ultimately limited by 

the amount of available habitat, we do 

not believe that the opening of Hamden 

Slough to muzzleloader hunting will 

dramatically lower deer populations 

given the historical harvest rates 

associated with this season. Due to its 

limited size, Hamden Slough does not 

support an isolated or unique 

population of deer. We manage deer 

utilizing the refuge as a broader 

population of deer in this hunting unit 

by the Minnesota Department of Natural 

Resources. No changes were made to the 

rule as a result of these comments. 

Comment 2: Also specific to Hamden 

Slough, one commenter asked about the 

extent of public notification, the impact 

on the local pheasant population, how 

much public hunting land is available 

in the immediate area, and questionable 

hunting techniques (shooting from 

roads, trespassing). 

Response 2a: Public notification: Prior 

to public review of the Hunt Plan, 

Environmental Assessment, and 

Compatibility Determination, we 

notified the public via newspaper, radio 

and other media regarding a public 

meeting on November 30, 2004, to 

review opening the refuge to hunting 

and also to propose various refuge 

hunting options. At the meeting, we 

gave the public the opportunity to make 

comments on both opening the refuge to 

hunting and the types of hunting 

desired. Following the meeting, a public 

comment period lasted from November 

30, 2004 to December 15, 2004. We 

received comments or letters from 23 

respondents, of which a majority 

favored either limited waterfowl 

hunting or limited deer hunting. Some 

respondents recommended either the 

waterfowl or deer hunt but were 

opposed to the other. Most expressed 

concern about wildlife disturbance and 

the effect on hunting on nearby private 

and public lands. We maintain recorded 

public comments and letters for review 

at the refuge office. 

After we received initial public 

comments from the November 2004, 

public meeting, on December 17, 2004, 

we placed a draft Hunting Plan, draft 

Hunting Environmental Assessment, 

and draft Compatibility Determination 

at the Detroit Lakes Public Library. 

Legal notification and news articles on 

December 19 and 22, 2004, informed the 

public that the hunting proposal 

documents were available for review, 

and that we would receive additional 

public comments through January 10, 

2005. We received two comments: one 

from the White Earth Reservation Tribal 

Council and one from the Minnesota 

Department of Natural Resources. We 

received no comments from the general 

public. 

On November 4, 2005, we posted a 

second comment period for review at 

the Detroit Lakes Public Library and 

refuge headquarters. Legal notification 

and news articles on November 3 and 

November 6, 2005, informed the public 

that the hunting proposal documents 

were available for review and that we 

would receive additional public 

comments through December 9, 2005. 

During this second comment period, the 

public had the opportunity to review 

and comment for 35 days. We received 

no public comments during this second 

comment period. 

On February 15, 2007, we posted a 

third comment period for review at the 

Detroit Lakes Public Library and Detroit 

Lakes Wetland Management District 

headquarters. Legal notification on 

February 14 and 17, 2007, informed the 

public that a revised Environmental 

Assessment of the hunting proposal was 

available for review, and that we would 

receive additional public comments 

through March 17, 2007. During the 

third comment period, the public had 

the opportunity to review and comment 

(written or by phone) a period of 30 

days. Again, we received no public 

comments during this third comment 

period. 

Response 2b: Impacts of this hunt on 

other wildlife, including pheasants: 

Given the limited duration of these 

hunting seasons (1 day youth waterfowl 

and 15 day late-season muzzleloader 

hunts), we do not anticipate significant 

disturbance to migratory birds or other 

wildlife. 

Response 2c: How much public 

hunting land is available in the 

immediate area: As addressed in 

Response 1 above, there are other 

locations next to the refuge that are 

open to public hunting. These acres 

equate to approximately 8 percent of the 

total area contained within the three 

townships surrounding the refuge. With 

the addition of the Hamden Slough feeowned lands to the above acreage, this 

would bring the total available publicly 

owned lands open to hunting in the 

three-township area surrounding the 

refuge from the current 8 percent to 13 

percent. 

Response 2d: Questionable hunting 

techniques: One of the considerations 

covered in opening package documents 

before we make a decision to open an 

area to hunting is the availability of our 

refuge law enforcement officers during 

the hunt period. As with any other hunt 

conducted within the Refuge System, 

our refuge law enforcement personnel 

will work in concert with State game 

officials to enforce the laws and our 

regulations during the hunt period. No 

changes were made to the rule as a 

result of any of these comments. 

Comment 3: A commenter objected to 

all openings in this rulemaking citing 

the 2003 Fund for Animals lawsuit (still 

pending) and incorporated all 

comments relative to that case to this 

rulemaking. They further stated that the 

revised environmental assessments 

(EAs) prepared for this rulemaking ‘‘are 

nearly identical to, or in many cases 

exactly the same as, the NEPA 

documents for these same refuges that 

were published in 2007 and submitted 

to the court.’’ Essentially the commenter 

objects to the openings/expansions and 

believes that this rulemaking represents 

‘‘a continuing violation of federal law, 

including NEPA, given the Service’s 

ongoing failure to prepare 

Environmental Impact Statements (EIS) 

on its national wildlife refuge sportVerDate Aug<31>2005 14:59 Aug 28, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\29AUR3.SGM 29AUR3

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51154 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 

hunting program or, more broadly, its 

overall refuge recreation program.’’

Response 3: We disagree. On July 24, 

2006, the Service published a proposed 

rule (71 FR 41864) that would have 

opened for the first time one refuge to 

a variety of hunting opportunities and 

expanded hunting opportunities at six 

other refuges already open to hunting. It 

also modified rules regarding hunt 

programs on other refuges. Because of 

the District Court’s August 31, 2006, 

ruling, we refrained from final 

publication because the hunt opening 

contained in that proposal was 

developed under the same NEPA 

procedure used for the refuges that are 

the subject of the current litigation. 

Subsequently, we removed the hunt 

opening and the expansions and 

published them as a separate proposed 

rule on June 11, 2008, following a reexamination and amendment of all 

affected EAs. The resulting EAs are 

detailed, extensive analyses of the 

impact of hunting and/or the loss of 

hunting on each refuge. They consider 

the cumulative hunting opportunities 

throughout the State, the region, and the 

migratory bird flyway where the refuge 

is. Although the documents bear some 

similarities, they also contained varied, 

and often unique discussions on the 

environmental impact of the 

opportunities presented on specific 

refuges, based on the State, region, and/ 

or flyway in which the refuge is located, 

and/or the wildlife that reside in and/ 

or use the refuge. Collectively, these 

amended EAs address each and every 

aspect of complete NEPA compliance. 

Therefore, we believe this action is not 

in conflict with the Court’s August 31, 

2006, ruling because the NEPA 

compliance process used for these 

actions is significantly different from, 

and additive to, that used to cure the 

cumulative effects defects the Court 

found in the litigation’s original six 

rules and in the three rules added to the 

case last fall. No change was made to 

this rulemaking as a result of this 

comment. 

Comment 4: Several commenters 

expressed opposition to opening refuges 

to hunting and fishing and believe 

refuges should offer protection and safe 

haven for wildlife. 

Response 4: We disagree. The 1997 

National Wildlife Refuge System 

Improvement Act which amended the 

National Wildlife Refuge System 

Administration Act stipulates that 

hunting (along with fishing, wildlife 

observation and photography, and 

environmental education and 

interpretation), if found to be 

compatible, is a legitimate and priority 

general public use of a refuge that 

should be facilitated. The 

Administration Act authorizes the 

Secretary to allow use of any refuge area 

for any purpose as long as those uses are 

compatible. In the case of each refuge 

opening/expansion in this rule, the 

refuge managers went through the 

compatibility process to make this 

determination before opening/ 

expanding their refuge. No change was 

made to this rulemaking as a result of 

this comment. 

Effective Date 

This rule is effective upon publication 

in the Federal Register. We have 

determined that any further delay in 

implementing these refuge-specific 

hunting and sport fishing regulations 

would not be in the public interest, in 

that a delay would hinder the effective 

planning and administration of the 

hunting and fishing programs. We 

provided a 30-day comment period for 

the June 11, 2008, proposed rule. An 

additional delay would jeopardize 

holding the hunting and/or fishing 

programs this year or shorten their 

duration and thereby lessen the 

management effectiveness of this 

regulation. This rule does not impact 

the public generally in terms of 

requiring lead time for compliance. 

Rather it relieves restrictions in that it 

allows activities on refuges that we 

would otherwise prohibit. Therefore, we 

find good cause under 5 U.S.C. 553(d)(3) 

to make this rule effective upon date of 

filing. 

New Hunting and Sport Fishing 

Programs 

In preparation for new openings, we 

prepare and approve, at the appropriate 

Regional Office and in Washington, 

documentation of National 

Environmental Policy Act (NEPA) and 

the Endangered Species Act; and we 

consult with the State and, where 

appropriate, Tribal wildlife management 

agency. The Regional Director(s) certify 

that the opening of these refuges to 

hunting and/or sport fishing is found to 

be compatible with the purpose(s) for 

which the respective refuge(s) were 

established and the Refuge System 

mission. You may request copies of the 

compatibility determinations for these 

respective refuges from the regional 

office noted under the heading 

‘‘Available Information for Specific 

Refuges.’’

The annotated chart below 

summarizes our changes. The key below 

the chart explains the symbols used: 

TABLE 1—CHANGES FOR 2008–2009 HUNTING/FISHING

National Wildlife Refuge State Migratory bird hunting Upland 

hunting Big game hunting Fishing 

Agassiz .............................. MN .............. B ....................................... B ................. Previously published.

Hamden Slough ................ MN .............. A ....................................... ..................... A. 

Blackwater ......................... MD .............. B ....................................... B ................. Previously published ........ Previously published. 

Whittlesey Creek ............... WI ............... Previously published ........ ..................... B. 

Tensas River ..................... LA ............... D ....................................... D ................. D ....................................... Previously published. 

Upper Ouachita ................. LA ............... D ....................................... D ................. C/D ................................... D. 

A = Refuge added and activities opened. 

B = Refuge already listed; added hunt category. 

C = Refuge already listed; added species to hunt category. 

D = Refuge already listed and opened to this activity; added land. 

We are adding one refuge to the list 

of areas open for hunting and/or sport 

fishing and increasing opportunities at 

six refuges. We proposed these changes 

in the 2006–2007 refuge-specific 

regulations (71 FR 41864, July 24, 2006) 

but did not finalize them. This 

rulemaking does that. We have made 

significant changes to the analysis of 

impacts under the requirements of the 

National Environmental Policy Act 

(NEPA) to address inadequacies in our 

‘‘opening’’ process found by Judge 

Ricardo Urbina in his ruling in The 

Fund for Animals v. Dale Hall, 448 F. 

Supp. 2d.127, August 31, 2006. We 

believe that our new NEPA analysis 

satisfies our legal requirements. Due to 

the delays experienced because of the 

lawsuit, no rulemakings were published 

for the 2007–2008 season. 


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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 51155 

Bayou Cocodrie National Wildlife 

Refuge in the State of Louisiana added 

new lands available to all existing 

opportunities, but this did not result in 

any regulatory changes. 

We are removing Stillwater 

Management Area in the State of 

Nevada from the list of refuges in 50 

CFR part 32. The Bureau of Reclamation 

holds primary jurisdiction over these 

lands by virtue of a public lands 

withdrawal for drainage for the 1902 

Newlands Reclamation Project. The 

1948 Tripartie Agreement with the 

Service, Nevada Board of Fish and 

Game Commissioners (Nevada), and the 

Truckee-Carson Irrigation District 

(Truckee-Carson) expired and has not 

been renewed. 

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/. 

Regulatory Planning and Review 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant and has not reviewed 

this rule under Executive Order 12866 

(E.O. 12866). OMB bases its 

determination on the following four 

criteria: 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

(b) Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c) Whether the rule will materially 

affect entitlements, grants, use fees, loan 

programs, or the rights and obligations 

of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(as amended by the Small Business 

Regulatory Enforcement Fairness Act 

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

whenever a Federal agency is required 

to publish a notice of rulemaking for 

any proposed or final rule, it must 

prepare and make available for public 

comment a regulatory flexibility 

analysis that describes the effect of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of an 

agency certifies that the rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Thus, for a regulatory flexibility analysis 

to be required, impacts must exceed a 

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 on 

the System but establishes a hunting 

program on one refuge and expands 

activities at six other refuges. As a 

result, opportunities for wildlifedependent recreation on national 

wildlife refuges will increase. The 

changes in the number of allowed use(s) 

are likely to increase visitor activity on 

these national wildlife refuges. 

Recreational user days are expected to 

increase by 475 fishing days and 8,352 

hunting days. However, this is likely to 

be a substitute site for the activity and 

not necessarily an overall increase in 

participation rates for the activity. 

New recreational user days generate 

expenditures associated with 

recreational activities on refuges’

wilderness areas. 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 maximum expected additional 

participation on the Refuge System 

yields approximately $68,700 in fishingrelated expenditures and $831,300 in 

hunting-related expenditures. 

By having ripple effects throughout 

the economy, these direct expenditures 

are only part of the economic impact of 

recreational user days. 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 $2.4 

million (2006 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 most of the fishing and hunting 

occurs within 100 miles of a 

participant’s residence, it is unlikely 

that most of this spending would be 

‘‘new’’ money coming into a local 

economy; 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 $2.5 million, and most 

likely considerably less. Since 80 

percent of the participants travel fewer 

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 

$488,000 annually. 

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. Many small businesses 

within the retail trade industry (such as 

hotels, gas stations, taxidermy shops, 

bait and tackle shops) 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 2). 

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 $488,000 to be spent in 

total in the refuges’ local economies. 

The maximum increase ($2.4 million if 

all spending were new money) at most 

would be less than 1 percent for local 

retail trade spending (Table 2). 


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51156 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 

TABLE 2—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL REFUGE VISITATION FOR

2008–2009 

[2005 dollars in thousands] 

Refuge/county(ies) Retail trade in 

2002 

Estimated maximum addition 

from new activities 

Addition as a 

percent of total 

Total number 

retail establish. 

Establish. with 

<10 emp. 

Agassiz: 

Marshall, MN ................................... $80,352 $4 0.005 43 35 

Hamden Slough: 

Becker, MN ..................................... 351,508 16 0.005 159 117 

Blackwater: 

Dorchester, MD ............................... 259,667 48 0.018 123 91 

Whittlesey Creek: 

Ashland, WI .................................... 185,394 2 0.001 94 70 

Bayou Cocodrie: 

Concordia, LA ................................. 135,975 63 0.047 82 60 

Tensas River: 

Franklin, LA .................................... 205,637 53 0.026 83 63 

Madison, LA .................................... 78,207 53 0.068 42 31 

Tensas, LA ..................................... 23,931 53 0.222 26 22 

Upper Ouachita: 

Morehouse, LA ............................... 231,753 76 0.033 115 91 

Union, LA ........................................ 127,496 76 0.059 70 57 

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. Would not have an annual effect on 

the economy of $100 million or more. 

The additional fishing and hunting 

opportunities at these refuges would 

generate angler and hunter expenditures 

with an economic impact estimated at 

$2.4 million per year (2006 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. Would not cause a major increase 

in costs or prices for consumers; 

individual industries; Federal, State, or 

local government agencies; or 

geographic regions. This rule would 

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 were 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 less 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 

refuge hunting and fishing opportunities 

would account for less than 0.001 

percent of the available opportunities in 

the United States. 

c. Would 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 $2.4 million annually in 

impact. Therefore, this rule would have 

no measurable economic effect on the 

wildlife-dependent industry, which has 

annual sales of equipment and travel 

expenditures of $72 billion nationwide. 

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 

opening only one refuge to hunting and 

only six refuges are increasing activities 

by this rule. 

Unfunded Mandates Reform Act 

Since this rule would apply to public 

use of federally owned and managed 

refuges, it would not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rule would not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (E.O. 12630) 

In accordance with E.O. 12630, this 

rule would not have significant takings 

implications. This regulation would 

affect only visitors at national wildlife 

refuges and describe what they can do 

while they are on a refuge. 

Federalism (E.O. 13132) 

As discussed in the Regulatory 

Planning and Review and Unfunded 

Mandates Reform Act sections above, 

this rule would not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment 

under E.O. 13132. In preparing this rule, 

we worked with State governments. 


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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 51157 

Civil Justice Reform (E.O. 12988) 

In accordance with E.O. 12988, the 

Office of the Solicitor has determined 

that the rule would not unduly burden 

the judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. The regulation would 

clarify established regulations and result 

in better understanding of the 

regulations by refuge visitors. 

Energy Supply, Distribution or Use 

(E.O. 13211) 

On May 18, 2001, the President issued 

E.O. 13211 on regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. Because this rule would 

add one refuge to the list of areas open 

for hunting and increase the activities at 

six refuges, it is not a significant 

regulatory action under E.O. 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 (E.O. 

13175) 

In accordance with E.O. 13175, we 

have evaluated possible effects on 

federally recognized Indian tribes and 

have determined that there are no 

effects. We coordinate recreational use 

on national wildlife refuges with Tribal 

governments having adjoining or 

overlapping jurisdiction before we 

propose the regulations. 

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 currently 

seeking OMB approval for other 

necessary information collection. 

Endangered Species Act Section 7 

Consultation 

In preparation for new openings, we 

comply with Section 7 of the 

Endangered Species Act (16 U.S.C. 1531 

et seq.; ESA). Copies of the Section 7 

evaluations may be obtained by 

contacting the regions listed under 

Available Information for Specific 

Refuges. For the new openings or 

additional opportunities at national 

wildlife refuges for hunting and/or 

fishing, we have determined that at 

Hamden Slough National Wildlife 

Refuge, and Tensas River National 

Wildlife Refuge, the actions are not 

likely to adversely affect listed species 

or designated critical habitat. For the 

openings at Whittlesey Creek National 

Wildlife Refuge and Blackwater 

National Wildlife Refuge, we have 

determined the actions will have no 

affect on any listed species or critical 

habitat. For Bayou Cocodrie National 

Wildlife Refuge, Upper Ouachita 

National Wildlife Refuge, and Agassiz 

National Wildlife Refuge, we have 

determined the actions may affect but 

are not likely to adversely affect listed 

species/critical habitat. 

We also comply with Section 7 of the 

ESA when we develop comprehensive 

conservation plans (CCPs) and stepdown management plans for public use 

of refuges, and before implementing any 

new or revised public recreation 

program on a refuge as identified in 50 

CFR 26.32. 

National Environmental Policy Act 

Based upon review of the refugespecific Environmental Assessments for 

the opening of new or expansion of 

existing hunting programs on 7 national 

wildlife refuges (Agassiz NWR, Hamden 

Slough NWR, Blackwater NWR, 

Whittlesey Creek, Bayou Cocodrie NWR, 

Tensas River NWR, and Upper Ouachita 

NWR), and of associated documentation 

referenced below, it is our 

determination that the action of opening 

or expanding hunting programs on these 

7 refuges as described and which will be 

codified by rulemaking in 2008, does 

not constitute a major Federal action 

significantly affecting the quality of the 

human environment under the meaning 

of section 102(2)(c) of the National 

Environment Policy Act of 1969 (as 

amended) (42 U.S.C. 4321 et seq.). As 

such, an environmental impact 

statement is not required. 

We have prepared a Cumulative 

Impact Report that analyzes the 

cumulative impacts of these openings. 

In this Report we evaluate cumulative 

impacts within the context of the new 

and expanded hunting and fishing 

programs on the seven refuges 

combined and within the context of 

hunting and fishing programs on the 

Refuge System as a whole. 

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 refuge 

hunting and fishing activities in the 

refuge CCPs and/or other step-down 

management plans, pursuant to our 

refuge planning guidance in 602 Fish 

and Wildlife Service Manual (FW) 1, 3, 

and 4. We prepare these CCPs and stepdown 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. Copies of all plans and 

NEPA compliance are available from the 

refuges at the addresses provided below. 

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. If the specific 

refuge you are interested in is not 

mentioned below, then contact the 

appropriate regional offices listed 

below: 

Region 1—Hawaii, Idaho, Oregon, and 

Washington. Regional Chief, National 

Wildlife Refuge System, U.S. Fish and 

Wildlife Service, Eastside Federal 

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

Avenue, Portland, OR 97232–4181; 

Telephone (503) 231–6214. 

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, NM 

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, MN 55111; Telephone (612) 713–

5401. Hamden Slough National Wildlife 

Refuge, 21212 210th Street, Audubon, 

Minnesota 56511; Telephone (218) 439–

6319. 

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, GA 30345; 

Telephone (404) 679–7166. 

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 


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Drive, Hadley, MA 01035–9589; 

Telephone (413) 253–8306. 

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, CO 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, AK 99503; 

Telephone (907) 786–3545. 

Region 8—California and Nevada. 

Regional Chief, National Wildlife Refuge 

System, U.S. Fish and Wildlife Service, 

2800 Cottage Way, Suite W 2606, 

Sacramento, CA 95825–1846; Telephone 

(916) 414–6464. 

Primary Author 

Leslie A. Marler, Management 

Analyst, Division of Conservation 

Planning and Policy, National Wildlife 

Refuge System, is the primary author of 

this rulemaking document. 

List of Subjects in 50 CFR Part 32 

Fishing, Hunting, Reporting and 

recordkeeping requirements, Wildlife, 

Wildlife refuges. 

■ 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—[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–668ee, and 715i. 

■ 2. Amend § 32.7 ‘‘What refuge units 

are open to hunting and/or sport 

fishing?’’ by: 

■ a. Adding Hamden Slough National 

Wildlife Refuge, in alphabetical order, 

in the State of Minnesota; and 

■ b. Removing Stillwater Management 

Area in the State of Nevada. 

■ 3. Amend § 32.37 Louisiana by: 

■ a. Revising paragraphs A.3., A.5., A.6., 

A.9., A.11., A.12, B.2., B.6., B.7., adding 

paragraphs B.8. through B.10., and 

revising paragraph C. of Tensas River 

National Wildlife Refuge; and 

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

of Upper Ouachita National Wildlife 

Refuge to read as follows: 

§ 32.37 Louisiana. 

* * * * * 

Tensas River National Wildlife Refuge 

A. Migratory Game Bird Hunting. 

* * * 

* * * * * 

3. We allow refuge hunters to enter 

the refuge no earlier than 4 a.m., and 

they must depart no later than 2 hours 

after legal sunset unless they are 

participating in the refuge raccoon hunt. 

* * * * * 

5. We allow shotguns equipped with 

a single-piece magazine plug that allows 

the gun to hold no more than two shells 

in the magazine and one in the chamber. 

We prohibit target practicing or shooting 

to unload modern firearms on the refuge 

at any time. Shotgun hunters must 

possess only an approved nontoxic shot 

when hunting migratory birds (see 

§ 32.2(k)). We require hunters to unload 

and encase all guns transported in 

automobiles and boats or on all-terrain 

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

We allow firearms on the refuge only 

during the refuge hunting season. 

6. We prohibit permanent or pit 

blinds on the refuge. You must remove 

all blind material sand decoys following 

each day’s hunt (see § 27.93 of this 

chapter). 

* * * * * 

9. We prohibit baiting or the 

possession of bait at any time while on 

the refuge (see § 32.2(h)). 

* * * * * 

11. While visiting the refuge, we 

prohibit: spotlighting, littering, fires, 

trapping, mandrives for game, 

possession of alcoholic beverages in 

hunting areas, possession of open 

alcoholic beverage containers, flagging, 

engineers tape, paint, unleashed pets, 

and parking/blocking trail and gate 

entrances. We prohibit hunting within 

150 feet (45 m) of: a designated public 

road, maintained road (a road or trail 

which has been mowed, disked, or 

plowed), trail, fire breaks, dwellings, 

and above-ground oil and gas 

production facilities. 

12. We require a Tensas River 

National Wildlife Refuge Access Permit 

for all migratory bird hunts. You will 

find the permits on the front of the 

Public Use Regulation brochure. 

* * * * * 

B. Upland Game Hunting. * * * 

* * * * * 

2. We allow squirrel and rabbit 

hunting with and without dogs. We will 

allow hunting without dogs from the 

beginning of the State season to a date 

typically ending the day before the 

refuge deer muzzleloader hunt. We do 

not require hunters to wear hunter 

orange during the squirrel and rabbit 

hunt without dogs. Squirrel and rabbit 

hunting will begin again, with or 

without dogs, the day after the refuge 

deer muzzleloader hunt and will 

conclude the last day of the refuge 

squirrel season which typically ends on 

February 15. 

* * * * * 

6. We allow .22 caliber rimfire 

weapons and shotguns equipped with a 

single-piece magazine plug that allows 

the gun to hold no more than two shells 

in the magazine and one in the chamber. 

We prohibit target practicing or shooting 

to unload modern firearms on the refuge 

at any time. Shotgun hunters must 

possess only an approved nontoxic shot 

when hunting upland game (see 

§ 32.2(k)). We require hunters to unload 

and encase all guns transported in 

automobiles and boats or on all-terrain 

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

We define loaded as shells in gun or 

caps on muzzleloader. We allow 

firearms on the refuge only during the 

refuge hunting season. 

7. We require all upland game hunters 

to report their game immediately after 

each hunt at the check station nearest 

the point of take. 

8. Conditions A7, A10, A11, and A13 

apply. 

9. We prohibit any hunter from using 

climbing spikes or to hunt from a tree 

that contains screw-in steps, nails, 

screw-in umbrellas, or any metal objects 

that could damage trees (see § 32.2(i)). 

10. We require a Tensas River 

National Wildlife Refuge Access Permit 

for all upland game hunts. Hunters will 

find permits on the front of the Public 

Use Regulations brochure. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer and turkey 

on designated areas of the refuge subject 

to the following conditions: 

1. Deer archery season will begin the 

first Saturday in November and will 

conclude on the last day of the State 

archery season which is generally 

January 31. We require that archery 

hunters, including crossbow hunters, 

possess proof of completion of the 

International Bowhunters Safety course. 

We prohibit archery hunting during the 

following refuge-wide deer hunts: youth 

gun hunt and modern firearms hunts. 

We prohibit possession of pods, drugtipped arrows, or other chemical 

substances. 

2. Deer muzzleloader season will be 3 

days and occur on a Monday, Tuesday, 

and Wednesday in January. We will 

allow in-line muzzleloaders and 

magnified scopes. 

3. We will conduct two 2-day quota 

modern firearms hunts for deer typically 

in the month of December. Hunt dates 

and permit application procedures will 

be available at Refuge Headquarters in 

July. We restrict hunters using a 

muzzleloader during this hunt to areas 

where we allow modern firearms. 


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4. We will conduct guided quota 

youth deer hunts and guided quota 

physically challenged deer hunts in the 

Greenlea Bend area typically in 

December and January. Hunt dates and 

permit application procedures will be 

available at the Refuge Headquarters in 

July. 

5. We will conduct a refuge-wide 

youth deer hunt during the State-wide 

youth hunt weekend typically in 

November. Hunt dates will be available 

at Refuge Headquarters in July. Each 

adult hunter may supervise only one 

youth. Each participating youth must: 

be age 8–15, possess proof of 

completion of an approved Hunter 

Safety Course, and be accompanied at 

all times by an adult age 21 or older. 

6. Hunters may take only one deer 

(one buck or one doe) per day during 

refuge deer hunts except during guided 

youth and physically challenged hunts 

where the limit will be one antlerless 

and one antlered deer per day. 

7. We allow turkey hunting the first 

16 days of the State turkey season. We 

will conduct a youth turkey hunt the 

Saturday and Sunday before the regular 

State turkey season. You may harvest 

two bearded turkeys per season. We 

allow the use and possession of lead 

shot while turkey hunting on the refuge 

(see § 32.2(k)). We allow use of 

nonmotorized bicycles on designated 

all-terrain vehicle trails. Although you 

may hunt turkeys without displaying a 

solid hunter orange cap or vest during 

your turkey hunt, we do recommend its 

use. 

8. Conditions A3, A7, A9, A11, A13, 

and B9 apply. 

9. In areas posted ‘‘Closed Area,’’ we 

prohibit big game hunting at any time. 

‘‘Closed Area’’(s), which we designate 

on the Public Use Regulations brochure 

map, are closed to all hunts. 

10. We allow shotguns that are 

equipped with a single-piece magazine 

plug that allows the gun to hold no 

more than two shells in the magazine 

and one in the chamber. We allow 

shotgun hunters to use rifled slugs only 

when hunting deer. We prohibit hunters 

using or possessing buckshot while on 

the refuge. We prohibit target practicing 

or shooting to unload modern firearms 

on the refuge at any time. We require 

hunters to unload and encase all guns 

transported in automobiles and boats or 

on all-terrain vehicles (see § 27.42(b) of 

this chapter). We define loaded as shells 

in gun or caps on muzzleloader. We 

allow firearms on the refuge only during 

the refuge hunting season. 

11. We allow muzzleloader hunters to 

discharge their muzzleloaders at the end 

of each hunt safely into the ground at 

least 150 feet (45 m) from any 

designated public road, maintained 

road, trail, fire breaks, dwellings, or 

above-ground oil and gas production 

facilities. We define a maintained road 

or trail as one which has been mowed, 

disked, or plowed and one which is free 

of trees. 

12. We prohibit deer hunters leaving 

deer stands unattended before the 

opening day of the refuge archery 

season, and hunters must remove stands 

by the end of the last day of the refuge 

archery season. Hunters must clearly 

mark stands left unattended on the 

refuge with the name and address of the 

owner of the stand. Hunters must 

remove portable stands from trees daily 

and place freestanding stands in a 

nonhunting position when unattended. 

13. We require deer hunters using 

muzzleloaders or modern firearms to 

display a solid hunter-orange cap on 

their head and a solid hunter-orange 

vest over their outermost garment 

covering their chest and back. Hunters 

must display the solid hunter-orange 

items at all times while in the field. 

14. We require muzzleloader and 

modern firearms hunters utilizing 

ground blinds to display 400 square 

inches (2,600 cm2) of hunter orange 

outside of the blind that is visible from 

all sides of the blind. Hunters must wear 

orange vests and hats as their outermost 

garments while inside the blind. 

15. We require all deer and turkey 

hunters to report their game 

immediately after each hunt at the 

check station nearest to the point of 

take. 

16. We prohibit baiting or the 

possession of bait while on the refuge at 

any time. We prohibit possession of 

chemical baits or attractants used as 

bait. 

17. We require a Tensas River 

National Wildlife Refuge Access Permit 

for all big game hunts. You will find the 

permits on the front of the Public Use 

Regulations brochure. 

* * * * * 

Upper Ouachita National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of waterfowl (duck, 

goose, coot, gallinule, rail, snipe), 

woodcock, and dove on designated 

areas of the refuge in accordance with 

State regulations subject to the 

following conditions: 

1. Hunters must possess and carry a 

signed refuge permit. 

2. We allow waterfowl hunting on the 

west side of the Ouachita River north of 

RCW Road. We allow waterfowl hunting 

on the east side of the Ouachita River 

outside the Mollicy levee and south of 

the crude oil pipeline which runs 

through Township 22N range 4E 

sections 2, 3, 4 within the levee. 

3. We allow woodcock hunting west 

of the Ouachita River. We allow 

woodcock hunting on the east side of 

the Ouachita River outside the Mollicy 

levee and south of the crude oil pipeline 

which runs through Township 22N 

range 4E sections 2, 3, 4 within the 

levee. 

4. We allow dove hunting during the 

first 3 days of the State season east of 

the Ouachita River outside the Mollicy 

levee and south of the crude oil pipeline 

which runs through Township 22N 

range 4E sections 2, 3, 4 within the 

levee. 

5. We allow waterfowl hunting until 

12 p.m. (noon) during the State season. 

6. We will hold a limited youth 

waterfowl lottery hunt during the State 

Youth Waterfowl Hunt. Application 

instructions are available at the refuge 

office. 

7. Hunters may enter the refuge no 

earlier than 4 a.m. 

8. We prohibit hunting within 100 

feet (30 m) of the maintained rights of 

ways of roads, from or across ATV trails, 

and from above-ground oil, gas, or 

electrical transmission facilities. 

9. We prohibit leaving boats, blinds, 

and decoys unattended. 

10. We allow dogs to locate, point, 

and retrieve when hunting for migratory 

game birds. We prohibit the use of dogs 

for hog hunting. 

11. Youth hunters under age 16 must 

successfully complete a State-approved 

hunter education course. While hunting, 

each youth must possess and carry a 

card or certificate of completion. Each 

youth hunter must remain within sight 

and normal voice contact of an adult age 

21 or older. Each adult may supervise 

no more than two youth hunters. 

12. We prohibit any person or group 

to act as a hunting guide, outfitter, or in 

any other capacity that pay other 

individual(s), pays or promises to pay 

directly or indirectly for service 

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 quail, squirrel, rabbit, 

raccoon, beaver, coyote, and opossum 

on designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. Conditions A1, A8, A9, A11, and 

A12 (to hunt upland game) apply. 

2. We allow hunting west of the 

Ouachita River. We allow hunting on 

the east side of the Ouachita River 

outside the Mollicy levee and south of 

the crude oil pipeline which runs 


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51160 Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Rules and Regulations 

through Township 22N range 4E 

sections 2,3,4 within the levee. 

3. We prohibit possession of firearms 

larger than .22 caliber rimfire, shotgun 

slugs, and buckshot. 

4. We allow hunting of raccoon and 

opossum during the daylight hours 

(legal sunrise to legal sunset) of rabbit 

and squirrel season. We allow night 

hunting (legal sunset to legal sunrise) 

during December and January, and we 

allow use of dogs for night hunting. We 

prohibit the selling of raccoon and 

opossum taken on the refuge for human 

consumption. 

5. We allow the use of dogs to hunt 

squirrel and rabbit after the last refuge 

Gun Deer Hunt. 

6. To use horses and mules to hunt 

raccoon and opossum at night, hunters 

must first obtain a special permit at the 

refuge office. 

7. Hunters may enter the refuge no 

earlier than 4 a.m. and must exit no later 

than 2 hours after legal shooting hours. 

8. We allow hunting of beaver and 

coyote during all open refuge hunts 

with weapons legal for the ongoing 

hunt. 

C. Big Game Hunting. We allow 

hunting of white-tailed deer, feral hog, 

and turkey on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. Conditions A1, A8, A9, A12 (to 

hunt big game), and B7 apply. 

2. We allow general gun deer hunting 

on the following days: the first 

consecutive Saturday and Sunday of 

November; the Friday, Saturday, and 

Sunday following Thanksgiving Day; 

and the second Saturday and Sunday 

after Thanksgiving Day. We allow 

archery deer hunting during the entire 

State season. 

3. We allow deer and feral hog 

hunting west of the Ouachita River. We 

allow deer hunting on the east side of 

the Ouachita River outside the Mollicy 

levee and south of the crude oil pipeline 

which runs through Township 22N 

range 4E sections 2, 3, 4 within the 

levee. 

4. The daily bag limit is one either-sex 

deer. The State season limit applies. 

5. Archery hunters must possess and 

carry proof of completion of the 

International Bowhunters’ Education 

Program. 

6. We prohibit leaving deer stands, 

blinds, and other equipment 

unattended. 

7. Deer hunters must wear hunter 

orange as per State deer hunting 

regulations on Wildlife Management 

Areas. 

8. We prohibit hunters placing stands 

or hunting from stands on pine trees 

with white-painted bands/rings. 

9. Youth hunters under age 16 must 

successfully complete a State-approved 

hunter education course. While hunting, 

each youth must possess and carry a 

card or certificate of completion. Each 

youth hunter must remain within sight 

and normal voice contact of an adult age 

21 or older. Each adult may supervise 

no more than one youth hunter. 

10. We will hold a limited lottery 

youth turkey hunt on the Saturday of 

the State youth turkey hunt weekend. 

11. We prohibit possession or 

distribution of bait or hunting with the 

aid of bait, including any grain, salt, 

minerals, or other feed or nonnaturally 

occurring attractant on the refuge (see 

§ 32.2(h)). 

12. We allow hunting of hog during 

all open refuge hunts with weapons 

legal for the ongoing hunt. 

* * * * * 

■ 4. Amend § 32.39 Maryland by 

revising paragraphs A. and B. of 

Blackwater National Wildlife Refuge to 

read as follows: 

§ 32.39 Maryland. 

* * * * * 

Blackwater National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of goose and duck on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We require refuge permits for all 

hunters regardless of age. We require 

that hunters possess a valid State 

hunting license, any required stamps, 

and a photo identification. Permits are 

nontransferable. 

2. All refuge hunters must abide by 

the terms and conditions of the refuge 

permit. 

B. Upland Game Hunting. We allow 

hunting of eastern wild turkey on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

Conditions A1 and A2 apply. 

* * * * * 

■ 5. Amend § 32.42 Minnesota by: 

■ a. Revising Agassiz National Wildlife 

Refuge; and 

■ b. Adding Hamden Slough National 

Wildlife Refuge to read as follows: 

§ 32.42 Minnesota. 

* * * * * 

Agassiz National Wildlife Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of waterfowl on the 

Farmers Pool Unit area of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We allow a youth hunt only (age 16 

and under). Youth hunters age 14 and 

under must be accompanied by an adult 

age 18 or older. 

2. We prohibit vehicles and hunters 

from entering the refuge before 5:30 a.m. 

They must leave the refuge each day as 

soon as possible after legal hunting 

hours. 

3. We prohibit the use of motorized 

boats. 

4. We prohibit the construction or use 

of permanent blinds, stands, or scaffolds 

(see § 27.92 of this chapter). 

5. You must remove all personal 

property, which includes boats, decoys, 

and blinds brought onto the refuge, each 

day of hunting (see §§ 27.93 and 27.94 

of this chapter). 

6. We allow the use of hunting dogs, 

provided the dog is under the 

immediate control of the hunter at all 

times. 

7. We prohibit the use of snowmobiles 

and ATVs. 

8. We prohibit camping. 

B. Upland Game Hunting. We allow 

hunting of ruffed grouse and sharptailed grouse on designated areas of the 

refuge in accordance with State 

regulations subject to the following 

conditions: 

1. We allow hunting from the opening 

of the State’s deer firearms season to the 

close of the regular State’s ruffed grouse 

and sharp-tailed grouse seasons. 

2. You may possess only approved 

nontoxic shot while in the field (see 

§ 32.2(k)). 

3. We prohibit hunting in the closed 

areas around the administrative 

buildings. 

4. Conditions A2 through A8 apply. 

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. We are currently closed to moose 

hunting until the population recovers. 

2. Conditions A1, A3, A4, A5, A7, and 

A8 apply. 

3. We allow scouting the day before 

the youth deer hunt and the deer 

firearms hunt. 

4. We open archery hunting at the 

start of the State’s deer firearms season 

and close according to the State’s 

archery deer season. 

5. We allow muzzleloader deer 

hunting following the State’s 

muzzleloader season. 

6. Hunters may use portable stands. 

We prohibit construction or use of 

permanent blinds, permanent platforms, 

or permanent ladders. 

7. You must remove all stands and 

personal property from the refuge by 


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legal sunset of each day (see §§ 27.93 

and 27.94 of this chapter). 

8. We prohibit hunters from 

occupying illegally set up or 

constructed ground and tree stands (see 

condition C2). 

9. We allow the use of wheeled, 

nonmotorized conveyance devices (e.g., 

bikes, retrieval carts) except in 

Wilderness Areas. 

10. We prohibit vehicles and hunters 

from entering the refuge during the 

youth deer hunt until after 6 a.m. 

D. Sport Fishing. [Reserved] 

* * * * * 

Hamden Slough National Wildlife 

Refuge 

A. Migratory Game Bird Hunting. We 

allow hunting of waterfowl on 

designated areas of the refuge in 

accordance with State regulations 

subject to the following conditions: 

1. We only allow waterfowl hunting 

during the State’s Youth Waterfowl Day. 

2. Youth waterfowl hunters must be 

age 15 and under. 

3. We will only allow waterfowl 

hunting in refuge tracts within Audubon 

and Riceville Townships. 

4. We prohibit the use of motorized 

boats. 

5. We prohibit the construction or use 

of permanent blinds, stands, or 

scaffolds. 

6. You must remove all personal 

property, which includes boats, decoys, 

blinds, and blind materials (except for 

blinds made entirely of marsh 

vegetation) brought onto the refuge, 

following that day’s hunt (see §§ 27.93 

and 27.94 of this chapter). 

7. 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. 

8. We prohibit entry to hunting areas 

earlier than 2 hours before legal 

shooting hours. 

B. Upland Game Hunting. [Reserved] 

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 only allow hunting during the 

State’s muzzleloader season with 

muzzleloaders. 

2. Hunters may use portable stands. 

We prohibit construction or use of 

permanent blinds, permanent platforms, 

or permanent ladders. 

3. Hunters must remove all stands and 

personal property from the refuge at the 

end of each day’s hunt (see §§ 27.93 and 

27.94 of this chapter). 

4. Condition A8 applies. 

D. Sport Fishing. [Reserved] 

* * * * * 

■ 6. Amend § 32.69 Wisconsin by 

revising paragraph C. of Whittlesey 

Creek National Wildlife Refuge to read 

as follows: 

§ 32.69 Wisconsin. 

* * * * * 

Whittlesey Creek 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 will allow archery deer hunting 

to take place on refuge lands owned by 

the Service that constitute tracts greater 

than 20 acres (8 ha). 

2. We prohibit hunting within a 

designated, signed area around the 

Coaster Classroom and Northern Great 

Lakes Visitor Center boardwalk. 

3. We prohibit the construction or use 

of permanent blinds or platforms. 

4. Hunters may use ground blinds or 

any elevated stands only if they do not 

damage live vegetation, including trees 

(see § 27.61 of this chapter). 

5. Hunters may construct ground 

blinds entirely of dead vegetation from 

the refuge lands. 

6. Hunters must remove all stands and 

blinds from the refuge at the end of each 

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

this chapter). 

7. We allow motorized vehicles only 

on public roads and parking areas (see 

§ 27.31 of this chapter). 

* * * * * 

Dated: August 8, 2008. 

David M. Verhey, 

(Acting) Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E8–20022 Filed 8–28–08; 8:45 am] 

BILLING CODE 4310–55–P 


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