Rule2024-25905
National Wildlife Refuge System; 2024-2025 Station-Specific Hunting and Sport Fishing Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 7, 2024
Effective
November 6, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), open or expand hunting opportunities on 12 National Wildlife Refuges (NWRs). We also close hunting on 111 acres at Crab Orchard NWR so that the area can be repurposed for other recreational uses, including camping. We also make changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain-language standards. Finally, the best available science, analyzed as part of this rulemaking, indicates that lead ammunition and tackle have negative impacts on both wildlife and human health. With this final rule, Canaan Valley NWR in West Virginia will require lead-free ammunition for all hunting on the new Big Cove Unit. Additionally, Des Lacs, J. Clark Salyer, Lostwood, and Upper Souris NWRs in North Dakota will require lead-free ammunition for newly opened elk hunting. While the Service continues to evaluate the future of lead use in hunting and fishing on Service lands and waters, this rulemaking does not include any opportunities that increase or authorize the new use of lead.
Full Text
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<title>Federal Register, Volume 89 Issue 216 (Thursday, November 7, 2024)</title>
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[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Rules and Regulations]
[Pages 88147-88170]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25905]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS-HQ-NWRS-2024-0034; FXRS12610900000-245-FF09R20000]
RIN 1018-BH17
National Wildlife Refuge System; 2024-2025 Station-Specific
Hunting and Sport Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), open or
expand hunting opportunities on 12 National Wildlife Refuges (NWRs). We
also close hunting on 111 acres at Crab Orchard NWR so that the area
can be repurposed for other recreational uses, including camping. We
also make changes to existing station-specific regulations in order to
reduce the regulatory burden on the public, increase access for hunters
and anglers on Service lands and waters, and comply with a Presidential
mandate for plain-language standards. Finally, the best available
science, analyzed as part of this rulemaking, indicates that lead
ammunition and tackle have negative impacts on both wildlife and human
health. With this final rule, Canaan Valley NWR in West Virginia will
require lead-free ammunition for all hunting on the new Big Cove Unit.
Additionally, Des Lacs, J. Clark Salyer, Lostwood, and Upper Souris
NWRs in North Dakota will require lead-free ammunition for newly opened
elk hunting. While the Service continues to evaluate the future of lead
use in hunting and fishing on Service lands and waters, this rulemaking
does not include any opportunities that increase or authorize the new
use of lead.
DATES: This rule is effective November 6, 2024.
FOR FURTHER INFORMATION CONTACT: Christian Myers, (571) 422-3595.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Background
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee), as amended (Administration Act), closes NWRs in
all States except Alaska to all uses until opened. The Secretary of the
Interior (Secretary) may open refuge areas to any use, including
hunting and/or sport fishing, upon a determination that the use is
compatible with the purposes of the refuge and National Wildlife Refuge
System (Refuge System) mission. The action also must be in accordance
with provisions of all laws applicable to the areas, developed in
coordination with
[[Page 88148]]
the appropriate State fish and wildlife agency(ies), consistent with
the principles of sound fish and wildlife management and
administration, and otherwise in the public interest. These
requirements ensure that we maintain the biological integrity,
diversity, and environmental health of the Refuge System for the
benefit of present and future generations of Americans.
We annually review hunting and sport fishing programs to determine
whether to include additional stations or whether individual station
regulations governing existing programs need modifications. Changing
environmental conditions, State and Federal regulations, and other
factors affecting fish and wildlife populations and habitat may warrant
modifications to station-specific regulations to ensure the continued
compatibility of hunting and sport fishing programs and to ensure that
these programs will not materially interfere with or detract from the
fulfillment of station purposes or the Service's mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations at part 32 (50 CFR part
32), and on hatcheries at part 71 (50 CFR part 71). We regulate hunting
and sport fishing to:
<bullet> Ensure compatibility with refuge and hatchery purpose(s);
<bullet> Properly manage fish and wildlife resource(s);
<bullet> Protect other values;
<bullet> Ensure visitor safety; and
<bullet> Provide opportunities for fish- and wildlife-dependent
recreation.
On many stations where we decide to allow hunting and sport
fishing, our general policy of adopting regulations identical to State
hunting and sport fishing regulations is adequate to meet these
objectives. On other stations, we must supplement State regulations
with more-restrictive Federal regulations to ensure that we meet our
management responsibilities, as outlined under Statutory Authority,
below. We issue station-specific hunting and sport fishing regulations
when we open wildlife refuges and fish hatcheries to migratory game
bird hunting, upland game hunting, big game hunting, or sport fishing.
These regulations may list the wildlife species that you may hunt or
fish; seasons; bag or creel (container for carrying fish) limits;
methods of hunting or sport fishing; descriptions of areas open to
hunting or sport fishing; and other provisions as appropriate.
Statutory Authority
The Administration Act, as amended by the National Wildlife Refuge
System Improvement Act of 1997 (Improvement Act; Pub. L. 105-57),
governs the administration and public use of refuges, and the Refuge
Recreation Act of 1962 (Recreation Act; 16 U.S.C. 460k-460k-4) governs
the administration and public use of refuges and hatcheries.
Amendments enacted by the Improvement Act were built upon the
Administration Act in a manner that provides an ``organic act'' for the
Refuge System, similar to organic acts that exist for other public
Federal lands. The Improvement Act serves to ensure that we effectively
manage the Refuge System as a national network of lands, waters, and
interests for the protection and conservation of our Nation's wildlife
resources. The Administration Act states first and foremost that we
focus our Refuge System mission on conservation of fish, wildlife, and
plant resources and their habitats. The Improvement Act requires the
Secretary, before allowing a new use of a refuge, or before expanding,
renewing, or extending an existing use of a refuge, to determine that
the use is compatible with the purpose for which the refuge was
established and the mission of the Refuge System. The Improvement Act
established as the policy of the United States that wildlife-dependent
recreation, when compatible, is a legitimate and appropriate public use
of the Refuge System, through which the American public can develop an
appreciation for fish and wildlife. The Improvement Act established six
wildlife-dependent recreational uses as the priority general public
uses of the Refuge System. These uses are hunting, fishing, wildlife
observation and photography, and environmental education and
interpretation.
The Recreation Act authorizes the Secretary to administer areas
within the Refuge System and Hatchery System for public recreation as
an appropriate incidental or secondary use only to the extent that
doing so is practicable and not inconsistent with the primary
purpose(s) for which Congress and the Service established the areas.
The Recreation Act requires that any recreational use of refuge or
hatchery lands be compatible with the primary purpose(s) for which we
established the refuge and not inconsistent with other previously
authorized operations.
The Administration Act and Recreation Act also authorize the
Secretary to issue regulations to carry out the purposes of the Acts
and regulate uses.
We develop specific management plans for each refuge prior to
opening it to hunting or sport fishing. In many cases, we develop
station-specific regulations to ensure the compatibility of the
programs with the purpose(s) for which we established the refuge or
hatchery and the Refuge and Hatchery System mission. We ensure initial
compliance with the Administration Act and the Recreation Act for
hunting and sport fishing on newly acquired land through an interim
determination of compatibility made at or near the time of acquisition.
These regulations ensure that we make the determinations required by
these acts prior to adding refuges to the lists of areas open to
hunting and sport fishing in 50 CFR parts 32 and 71. We ensure
continued compliance by the development of comprehensive conservation
plans and step-down management plans, and by annual review of hunting
and sport fishing programs and regulations.
Summary of Comments and Responses
On August 2, 2024, we published in the Federal Register (89 FR
63139) a proposed rule to open or expand hunting and fishing
opportunities at 12 refuges for the 2024-2025 hunting seasons. We
accepted public comments on the proposed rule for 30 days, ending
September 3, 2024. By that date, we received 154 comments on the
proposed rule. More than two-thirds of these comments were identical or
nonsubstantive comments. We received 68 unique comments, and 47 of
those comments were substantive. We discuss the unique, substantive
comments we received below by topic. Beyond our responses below,
additional station-specific information on how we responded to comments
on particular hunting or fishing opportunities at a given refuge or
hatchery can be found in that station's final hunting and/or fishing
package, each of which can be located in Docket No. FWS-HQ-NWRS-2024-
0034 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comment (1): We received more than 100 comments expressing general
support for the proposed hunting expansions in the rule. These comments
of general support either expressed appreciation for the increased
hunting access in the proposed rule overall, expressed appreciation for
increased access at particular refuges, or both. In addition to this
general support, some commenters requested additional hunting and
fishing opportunities. Requests for additional opportunities to hunt
waterfowl were most common.
Our Response: Hunting and fishing on Service lands is a tradition
that dates back to the early 1900s. In passing the Improvement Act,
Congress reaffirmed that the Refuge System was created to conserve
fish, wildlife, plants, and their habitats, and would facilitate
[[Page 88149]]
opportunities for Americans to participate in compatible wildlife-
dependent recreation, including hunting and fishing, on Refuge System
lands. We prioritize wildlife-dependent recreation, including hunting
and fishing, when doing so is compatible with the purpose of the refuge
and the mission of the Refuge System.
We will continue to open and expand hunting and sport fishing
opportunities across the Refuge System; however, as detailed further in
our response to Comment (2), below, opening or expanding hunting or
fishing opportunities on Service lands is not a quick or simple
process. The annual regulatory cycle begins in June or July of each
year for the following hunting and sport fishing season (the planning
cycle for this 2024-2025 final rule began in June 2023). This annual
timeline allows us time to collaborate closely with our State, Tribal,
and Territorial partners, as well as other partners including
nongovernmental organizations, on potential opportunities. It also
provides us with time to complete environmental analyses and other
requirements for opening or expanding new opportunities. Therefore, it
would be impracticable for the Service to complete multiple regulatory
cycles in one calendar year due to the logistics of coordinating with
various partners. Once we determine that a hunting or sport fishing
opportunity can be carried out in a manner compatible with individual
station purposes and objectives, we work expeditiously to open it. In
addition to creation of new opportunities, this also applies to
commenter requests for changes in the season dates, days of the week,
hours open, methods of take, or other logistical requirements that
would expand existing opportunities, including those that would also
align our hunting and fishing regulations more closely with State
hunting and fishing regulations.
Within the context of these continuous annual regulatory cycles,
the Service does welcome nongovernmental organizations and individual
hunters and anglers sharing their thoughts on potential future
opportunities through public comments and other opportunities. We seek
to provide hunting and fishing opportunities that both serve our
wildlife conservation and management objectives and provide the highest
quality recreational experience that we can offer for hunters and
anglers, including when it comes to waterfowl hunting specifically, so
we give due consideration to the requests and recommendations that we
receive.
We did not make any changes to the rule as a result of these
comments.
Comment (2): Several commenters expressed general opposition to any
hunting or fishing in the Refuge System. Some of these commenters
stated that hunting was antithetical to the purposes of a ``refuge,''
which, in their opinion, should serve as an inviolate sanctuary for all
wildlife. The remaining commenters generically opposed expanded hunting
or fishing opportunities at specific stations, or opposed specific
hunting activities such as waterfowl hunting.
Our Response: The Service prioritizes facilitating wildlife-
dependent recreational opportunities, including hunting and fishing, on
Service land in compliance with applicable Service law and policy. For
refuges, the Administration Act, as amended, 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 and should
be facilitated (16 U.S.C. 668dd(a)(3)(D)). Thus, we only allow hunting
of resident wildlife on Refuge System lands if such activity has been
determined compatible with the established purpose(s) of the refuge and
the mission of the Refuge System as required by the Administration Act.
For the 12 stations opening or expanding hunting or fishing in this
rule, we determined that the proposed actions were compatible.
Each station manager makes a decision regarding hunting and fishing
opportunities only after rigorous examination of the available
information, consultation and coordination with States and Tribes, and
compliance with the National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) and section 7 of the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.), as well as other applicable laws
and regulations. The many steps taken before a station opens or expands
a hunting or fishing opportunity on the refuge ensure that the Service
does not allow any opportunity that would compromise the purpose of the
station or the mission of the Refuge System.
Hunting of resident wildlife on Service lands generally occurs
consistent with State regulations, including seasons and bag limits.
Station-specific hunting regulations can be more restrictive (but not
more liberal) than State regulations and often are more restrictive in
order to help meet specific refuge objectives. These objectives include
resident wildlife population and habitat objectives, minimizing
disturbance impacts to wildlife, maintaining high-quality opportunities
for hunting and other wildlife-dependent recreation, minimizing
conflicts with other public uses and/or refuge management activities,
and protecting public safety.
The word ``refuge'' includes the idea of providing a haven of
safety as one of its definitions, and as such, hunting might seem an
inconsistent use of the Refuge System. However, again, the
Administration Act stipulates that hunting, if found compatible, is a
legitimate and priority general public use of a wildlife refuge.
Furthermore, we manage refuges to support healthy wildlife populations
that in many cases produce harvestable surpluses that are a renewable
resource. As practiced on refuges, hunting and fishing do not pose a
threat to wildlife populations. It is important to note that taking
certain individuals through hunting does not necessarily reduce a
population overall, as hunting can simply replace other types of
mortality. In some cases, however, we use hunting as a management tool
with the explicit goal of reducing a population; this is often the case
with exotic and/or invasive species that threaten ecosystem stability.
Therefore, facilitating hunting opportunities is an important aspect of
the Service's roles and responsibilities as outlined in the legislation
establishing the Refuge System, and the Service will continue to
facilitate these opportunities where compatible with the purpose of the
specific refuge and the mission of the Refuge System.
We did not make any changes to the rule as a result of these
comments.
Comment (3): We received comments from the West Virginia Division
of Natural Resources, the Louisiana Department of Wildlife and
Fisheries, the Association of Fish and Wildlife Agencies, and the
Northeast Association of Fish and Wildlife Agencies on the
opportunities in the proposed rule. The West Virginia Division of
Natural Resources supported the expansion of hunting at Canaan Valley
NWR, but also expressed concern that requiring lead-free ammunition on
the new Big Cove Unit could reduce hunter participation, reduce take of
deer, and create enforcement challenges. The West Virginia Division of
Natural Resources also recommended incentive-based approaches to the
use of lead-free ammunition. The Louisiana Department of Wildlife and
Fisheries commented specifically on the proposed hunt plan for Bayou
Teche NWR and expressed support for the expanded hunting access. The
Association of Fish and
[[Page 88150]]
Wildlife Agencies expressed general support for increased access for
hunters and anglers, but expressed concerns about the Service's
position on the use of lead ammunition and the individual refuges
introducing lead-free ammunition requirements; the Association of Fish
and Wildlife Agencies also expressed appreciation for coordination and
communication between the Service and State agencies and advocated for
the Service to pursue approaches based in education and incentives that
encourage hunters to voluntarily choose to use lead-free ammunition, in
particular the voluntary incentive pilot program developed in
collaboration with the Hunting and Wildlife Conservation Council, an
external stakeholder advisory group for the Department of the Interior.
The Northeast Association of Fish and Wildlife Agencies expressed
support for the Service increasing hunting and fishing opportunities
and for the Service's pilot program for providing hunters with
incentives to voluntarily use lead-free ammunition, but objected to the
regulations requiring the use of lead-free ammunition as inconsistent
with State regulations and as lacking sufficient scientific support.
Our Response: The Service appreciates the support of, and is
committed to working with, our state partners to identify additional
opportunities for expansion of hunting and sport fishing on Service
lands and waters. We welcome and value State partner input on all
aspects of our hunting and fishing programs.
In response to the West Virginia Division of Natural Resources, we
appreciate the support for the expanded hunting acres for all existing
hunting and acknowledge the concerns expressed with the lead-free
ammunition requirement on the new Big Cove Unit. As to the
recommendation to explore incentives for the use of lead-free
ammunition, we are actively implementing a pilot program to test out
direct incentives for hunters to voluntarily use lead-free ammunition
for designated hunts at Canaan Valley NWR and six other refuges in the
fall of 2024, as discussed in our response to Comment (4), below. On
the concerns about hunter participation and harvest rates related to
the lead-free ammunition requirement, as discussed in more detail in
our responses to Comments (6) through (13), below, the Service has not
seen evidence of hunter participation declines elsewhere in response to
lead-free requirements, and, accordingly, we do not anticipate
insufficient harvest of deer. Also, in the specific case of Canaan
Valley NWR, even if declines in hunter participation on the Big Cove
Unit were to occur in response to the lead-free ammunition requirement,
hunters would likely simply shift their activities to the other hunt
units of the same refuge and still harvest from the same deer
population. On the concern about enforcement challenges for the lead-
free ammunition requirement, as discussed in our response to Comment
(14), below, we are confident in our ability to enforce the
regulations, since this requirement does not fundamentally differ from
existing regulations elsewhere in the Refuge System and our law
enforcement personnel receive applicable training.
In response to the Louisiana Department of Wildlife and Fisheries,
we appreciate the support for the new opportunities at Bayou Teche NWR
and look forward to collaboration and coordination on potential future
hunting and fishing opportunities in Louisiana.
In response to the Association of Fish and Wildlife Agencies, we
appreciate the support for the hunting and fishing openings and
expansions in this rulemaking and value our shared commitment to
compatible hunter and angler access on the National Wildlife Refuge
System. We also appreciate the support for our lead-free voluntary
incentive pilot program, developed in collaboration and coordination
with State agencies in the seven States where the pilot sites are
located. As discussed in our response to Comment (4), below, we are
committed to robustly pursuing this voluntary approach and evaluating
the potential efficacy for addressing lead poisoning in wildlife. At
the same time, the Service's position remains that the best available
science demonstrates the impacts of lead ammunition on wildlife and
ecological health and supports the Service not introducing new
opportunities that would increase the use of lead ammunition until we
have identified the best path forward. Our lead-free pilot program
could produce a voluntary incentive model that proves to be the best
path forward, but we must first take time to test out the incentives,
collect data, and evaluate our results. Going forward, we will continue
to invite input and involvement from the Association of Fish and
Wildlife Agencies and our individual State partners as we continue to
evaluate the future of lead use on Service lands and waters as part of
an open and transparent process to find the best methods to address
lead's impact on wildlife and ecological health. As to the Association
of Fish and Wildlife Agencies' objections to regulations requiring
lead-free ammunition use, see our responses to Comments (7) through
(9), below, addressing the concerns about scientific evidence, cost,
and availability, which are shared by some other commenters. Similarly,
see our response to Comment (14), below, regarding commenters' concerns
about the enforceability of lead-free ammunition requirements.
In response to the Northeast Association of Fish and Wildlife
Agencies, we value the support for the increased recreational access
through this rule and appreciate the recognition of our collaboration
and coordination on increasing access and on exploring voluntary
incentives for the use of lead-free ammunition. We disagree with the
notion that there is insufficient scientific evidence to support
regulatory requirements for hunters to use lead-free ammunition, as
discussed in our response to Comment (7), below, but the Service is
willing to address the demonstrated poisoning of wildlife from the use
of lead ammunition for hunting through voluntary incentives, should
they prove to be sufficiently effective. As to the concern that such
regulations typically differ from State regulations, while we endeavor
to align our regulations with State regulations wherever feasible, the
Service routinely sets requirements for hunters and anglers that are
more restrictive than the applicable State regulations whenever
necessitated by our conservation mission or refuge purposes, as noted
in our response to Comment (2), above. Requirements to use lead-free
ammunition are one example in this category, alongside limitations on
season dates, time of day, methods of take, and more that are similarly
necessary because the Service is obligated to prioritize the health of
wildlife species and their habitats on Refuge System lands and waters.
Hunting and fishing activities must be assessed to be compatible with
our conservation mission as authorized by appropriate regulations, and
we must introduce further regulations as necessary to ensure their
continued compatibility in order to keep a given opportunity open.
We did not make any changes to the rule as a result of these
comments.
Comment (4): Several commenters either encouraged the Service to
pursue incentives encouraging hunters to voluntarily use lead-free
ammunition or specifically expressed support for the Service's new
pilot program providing direct incentives for hunters participating in
designated hunts at seven selected refuges in the fall of 2024. Most of
these commenters noted that they objected to any regulations
[[Page 88151]]
requiring the use of lead-free ammunition, but some commenters were
supportive of both lead-free regulatory requirements and voluntary
approaches like the Service's new pilot program.
Our Response: The Service has encouraged and will continue to
encourage voluntary use of non-lead ammunition and tackle, including
through our new collaborative pilot program for providing direct
incentives and robust educational workshops to hunters, but we also
have the authority to impose regulatory requirements for use of lead-
free ammunition for designated hunting on individual refuges. Notably,
the Refuge System, and all Service lands and waters, are different from
private, State, and even other Federal public lands. We have legal
obligations to prioritize wildlife health and biodiversity, to consider
the compatibility of new and ongoing hunting and fishing activities,
and to assess the potential impact of these activities on the natural
resources under our jurisdiction. The Service is evaluating the future
of lead use through an open and transparent process with input from a
broad array of partners and stakeholders about the best approach, which
may include education and incentives encouraging voluntary choice.
During this process, the Service does not intend to authorize hunting
and fishing opportunities that increase the use of lead ammunition and
tackle on the Refuge System. This is consistent with our full
commitment to the lead-free pilot program for hunter education and
incentives, which is aimed at identifying the most effective voluntary
approach to addressing lead poisoning in wildlife from lead ammunition.
In this rule, the Service has put in place a lead-free ammunition
requirement for newly opened elk hunting at four refuges in North
Dakota and for all hunting on the new Big Cove Unit at Canaan Valley
NWR in West Virginia. These requirements are each either limited to a
specific species or to a specific hunt unit. Each of these targeted
requirements is based on the best available science and the sound
professional judgement of Service personnel, and was put in place only
after discussions with the relevant State agency.
We appreciate the support from commenters for our new pilot program
for providing hunters with educational workshops and direct economic
incentives to voluntarily use lead-free ammunition. The Service was
able to collaborate with some of the commenter organizations and
others, in particular the Hunting and Wildlife Conservation Council, in
the design of the lead-free pilot program. The Service is also
collaborating with individual State agencies and the North American
Non-Lead Partnership in implementing the pilot program. We are
encouraged by the potential for the pilot program to identify and
demonstrate the most effective voluntary approach to addressing lead
ammunition impacts to wildlife and ecological health.
The 2024 iteration of the pilot program will take place for
designated hunts at seven selected refuges throughout the Refuge
System. The pilot program is designed to address the hurdles of
awareness, demonstrated performance, price, and availability that are
considered some of the major barriers for hunters in voluntarily
choosing to use lead-free ammunition. Accordingly, at each pilot site,
the Service will utilize educational messaging, including voluntary
intensive educational workshops with ammunition performance
demonstrations at selected sites. Similarly, at each pilot site, we
will offer a rebate incentive in the form of a prepaid debit card for
eligible hunters who provide proof of their purchase of lead-free
ammunition, on a first come, first served basis. The implementation of
the pilot program at seven sites in 2024 will mark a substantial step
in progress toward addressing poisoning of wildlife from lead
ammunition and will set the stage for further refinement of the
educational and direct incentive elements of the lead-free pilot
program, as well as provide data for analysis of the potential impacts
and potential scalability of the program. As we operate the pilot
program, we will seek to continue the open and collaborative approach
we have utilized thus far and hope to receive continued support and
cooperation from hunters and from external hunting and conservation
organizations.
We did not make any changes to the rule as a result of these
comments.
Comment (5): Several commenters expressed concern over the use of
lead ammunition or lead fishing tackle on Service lands and waters.
Nearly all of these commenters expressed support for the individual
lead-free requirements in the proposed rule. Most of these commenters
urged the Service to eliminate the use of lead ammunition and tackle
throughout the Refuge System. Many commenters expressed concerns about
raptor species, including the bald eagle (Haliaeetus leucocephalus),
and other species that scientific studies have shown to be especially
susceptible to adverse health impacts from lead ammunition and tackle.
Our Response: The Service appreciates the concerns from commenters
about the issue of bioavailability of lead in the environment and is
aware of the potential impacts of lead on fish and wildlife. See, for
example, the recent study from the U.S. Geological Survey (USGS) with
Service collaboration, Vincent Slabe, et al. ``Demographic implications
of lead poisoning for eagles across North America,'' which is available
online through a link at <a href="https://www.usgs.gov/news/national-news-release/groundbreaking-study-finds-widespread-lead-poisoning-bald-and-golden">https://www.usgs.gov/news/national-news-release/groundbreaking-study-finds-widespread-lead-poisoning-bald-and-golden</a>. Accordingly, the Service pays special attention to species
susceptible to lead uptake and to sources of lead that could impact
wildlife and ecological health.
Historically, the principal cause of lead poisoning in waterfowl
was the high densities of lead shot in wetland sediments associated
with migratory bird hunting activities (Kendall et al. 1996). In 1991,
as a result of high bird mortality, the Service instituted a nationwide
ban on the use of lead shot for hunting waterfowl and coots (see 50 CFR
32.2(k)). However, lead ammunition is still used for other types of
hunting, and lead tackle is used for fishing on private and public
lands and waters, including within the Refuge System.
Due to the continued lead use outside of waterfowl hunting, there
remains concern about the bioavailability of spent lead ammunition
(bullets) and fishing tackle on the environment, the health of fish and
wildlife, and human health. The Service is aware of fish and wildlife
species, including endangered and threatened species, that are
susceptible to the build-up of lead in their systems coming directly
from their food sources or secondhand through the food ingested by
their food sources. There is also evidence that some species are
susceptible to direct ingestion of lead ammunition or tackle due to
their foraging behaviors. For example, the Service recognizes that
ingested lead fishing tackle has been found to be a leading cause of
mortality in adult common loons (Grade, T. et al. (2017). Population-
level effects of lead fishing tackle on common loons. The Journal of
Wildlife Management 82(1): pp. 155-164). The impacts of lead on human
health and safety have been a focus of several scientific studies. We
are familiar with studies that have found the ingestion of animals
harvested via the use of lead ammunition increased levels of lead in
the human body (e.g.,
[[Page 88152]]
Buenz, E. (2016). Lead exposure through eating wild game. American
Journal of Medicine, 128: p. 458).
It is because of lead's potential for ecological health impacts
that, in this rulemaking, the Service has continued to take a measured
approach in not adding to the use of lead on refuge lands (see 87 FR
35136, June 9, 2022). Accordingly, the opportunities in this final rule
either do not involve the use of lead ammunition or tackle (i.e.,
waterfowl hunting or archery) or require the use of lead-free
ammunition or tackle. This measured approach is also part of the
Service's broader commitment to evaluating the future of lead use
throughout the Refuge System.
In response to the commenters' request that the Service eliminate
the use of lead ammunition and fishing tackle throughout the Refuge
System, the Service is committed to doing what best serves the public
interest and our conservation mission, including facilitating
compatible, wildlife-dependent, recreational hunting and fishing. As we
committed to do in our 2021-2022 rulemaking (see 86 FR 48822 at 48830,
August 31, 2021) and our 2022-2023 rulemaking (see 87 FR 57108 at
57122, September 16, 2022), the Service has been evaluating, and
continues to evaluate, lead use in hunting and fishing on Service lands
and waters. This rule is designed to avoid increased use of lead on
refuges as the Service continues to evaluate the future of lead use by
seeking input from partners, through a transparent process, to inform
the determination of what actions and methods are appropriate for
addressing the potential for adverse environmental and ecological
health impacts. This process includes a commitment to fully exploring a
voluntary approach through our new pilot program for hunter education
and incentives.
We did not make any changes to the rule as a result of these
comments.
Comment (6): Several commenters expressed opposition to the Service
requiring the use of lead-free ammunition for designated hunting
opportunities at individual refuges in this rule or in general. Some of
these commenters simply expressed a general opposition to the concept
of lead-free requirements, but the rest put forward one or more points
in arguing against lead-free requirements. The concerns collectively
expressed by these more substantive comments are addressed in Comment
(7) through Comment (13), below.
Our Response: The Service has allowed, and with the promulgation of
this rule continues to allow, the use of lead ammunition and/or tackle
in hunting and sport fishing in most of the Refuge System. The vast
majority of stations and individual hunting and fishing opportunities
currently permit lead use, consistent with State regulations allowing
the use of lead ammunition and tackle. Lead ammunition and tackle are
currently allowed where we have previously determined the activity is
not likely to result in dangerous levels of lead exposure. However, the
Service has been transparent about its intent to seriously consider the
future of lead use, consistent with its role as the steward of the
Refuge System. Therefore, we are evaluating what is best for the
resources belonging to the American public regarding the future use of
lead ammunition and tackle on Service lands and waters. The best
available science, analyzed as part of this rulemaking, demonstrates
that lead ammunition and tackle have negative impacts on both human
health and wildlife health, and those impacts are more acute for some
species.
We did not make any changes to the rule as a result of these
comments.
Comment (7): Most of the comments opposed to regulations concerning
the use of lead ammunition questioned the sufficiency of scientific
support for lead-free requirements. Some of the commenters also claimed
there is specifically a lack of scientific evidence of ``population-
level'' lead impacts and this means lead-free ammunition requirements
are unwarranted.
Our Response: We refer commenters concerned about scientific
evidence in support of the rulemaking to the analyses of environmental
impacts in the NEPA and ESA section 7 documentation for each refuge in
this rulemaking and the cumulative impacts report accompanying the
rulemaking, which are all available in Docket No. FWS-HQ-NWRS-2024-0034
on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For our NEPA and ESA section 7
analyses, we considered peer-reviewed scientific studies evaluating the
impacts of lead to humans, to wildlife generally, and to specific
species--including endangered and threatened species and species
especially susceptible to lead ammunition or tackle exposure. While
this evidence is not determinative as to whether lead-free ammunition
and tackle should be required in all cases, given the full range of
factors to consider on the topic of lead use, it is inaccurate to claim
that there is no scientific evidence of adverse impacts to human health
or wildlife and ecological health, or both, from lead ammunition and
tackle or that the Service has not presented such evidence as part of
this rulemaking. Each refuge in this rule used the best available
science and the expertise and sound professional judgment of refuge
staff to determine that our management strategies, including
promulgated non-lead requirements, are based on sound science and the
specific circumstances of that individual refuge.
Moreover, we also reject the related claim that scientific evidence
of so-called ``population-level'' impacts to wildlife is both a
prerequisite to Service action and lacking in the available science.
Depending on the situation, we may manage wildlife at the ``population
level'' or at the ``individual level,'' such as acting to protect
individuals of an endangered or threatened species. Similarly,
depending on the situation, we may adopt regulations, policies, or
practices that respond to or prevent adverse impacts at the population
level or to individual animals and plants. In fact, there are clear
cases where we need to act preventatively or early to control invasive
species, pests, or animal diseases, since they are much more difficult
to eradicate when there is ``population-level'' damage. ``Population-
level'' impacts are not necessary for regulation to the exclusion of
any other factors, although in the past the Service and others have
regulated lead use based, at least in part, on addressing impacts to
whole populations, as demonstrated impacts to waterfowl populations and
the population of California condors prompted the 1991 nationwide
prohibition on waterfowl hunting with lead ammunition (see 56 FR 22100,
May 13, 1991) and the 2019 prohibition on hunting with lead ammunition
in California (see California Assembly Bill No. 711, California Fish
and Game Code at section 3004.5), respectively. In any case, the
scientific literature demonstrates that lead use has ``population-
level'' impacts.
There is evidence of population-level impacts and potential
population-level impacts to waterfowl and upland game bird species from
lead fishing tackle and lead ammunition through direct ingestion. Lead
fishing tackle presents a risk of lead poisoning to many waterfowl
species, including loons and swans (Pokras and Chafel 1992; Rattner et
al. 2008; Strom et al. 2009). The primary concerns are discarded whole
or fragmented lead sinkers, as well as other lead tackle and even lead
ammunition released into the water, that rest on river and lake bottoms
where diving birds ingest them alongside pebbles, as pebbles are
necessary to break down food through
[[Page 88153]]
grinding in the birds' digestive systems. This results in lead
poisoning because the grinding action breaks down the pieces of
ingested lead into fine lead particles inside of the birds that can
then enter their blood streams. Studies have consistently found impacts
of ingested lead fishing tackle are a leading cause of mortality in
adult common loons (Pokras and Chafel 1992; Scheuhammer and Norris
1995; Franson et al. 2003; Pokras et al. 2009; Grade et al. 2017; Grade
et al. 2019). Strom et al. (2009) assessed lead exposure in Wisconsin
birds and found that approximately 25 percent of the trumpeter swan
fatalities from 1991 through 2007 were attributed to ingested lead.
Also, lead ammunition discarded on land presents a similar risk of lead
poisoning from upland game birds swallowing discarded ammunition
alongside the pebbles they use for digestion.
Another source of population-level impacts and potential
population-level impacts from lead is indirect ingestion by birds of
prey and other scavengers from consuming animals shot with lead
ammunition. The primary concerns for birds of prey are lead fragments
from lead ammunition that remain in the carcasses and gut piles of
hunted animals that are scavenged by these birds. The fine fragments of
lead, observable in x-rays of harvested game animals, are ingested
because they are embedded in the meat and other animal tissues being
scavenged and then enter the digestive systems and blood streams of the
birds of prey. Many studies have looked at the impacts of this lead
exposure to eagle health (see, e.g., Kramer and Redig 1997; O'Halloran
et al. 1998; Kelly and Kelly 2005; Golden et al. 2016; Hoffman 1985a,
1985b; Pattee 1984; Stauber 2010). This includes the recent study,
published in 2022, from the USGS with Service collaboration, Vincent
Slabe, et al. ``Demographic implications of lead poisoning for eagles
across North America,'' which is available online via a link at <a href="https://www.usgs.gov/news/national-news-release/groundbreaking-study-finds-widespread-lead-poisoning-bald-and-golden">https://www.usgs.gov/news/national-news-release/groundbreaking-study-finds-widespread-lead-poisoning-bald-and-golden</a>. This study explicitly finds
that lead poisoning is causing population growth ratesto slowfor bald
eagles by 3.8percentand golden eagles by 0.8 percent annually. These
growth-slowing impacts to populations are statistically significant
and, in the case of bald eagles, are occurring for a species that was
previously endangered and is still in the process of recovering to
historical levels. Thus, it is inaccurate to claim there are not known
``population-level'' impacts from lead use.
Finally, the Service's mission and statutory obligations require
refuges to be closed to hunting and fishing by default, and this
changes only when we have determined hunting or fishing activities are
compatible with our conservation mission and we have promulgated
regulations to open designated areas to hunting and fishing. Hunting
and fishing access and opportunities are thus constrained by the
regulations to only those activities that are compatible. Thus, the
Service has an obligation to demonstrate, using the best available
science, that any given aspect of hunting or fishing on the Refuge
System is compatible with our mission. The Service has also built into
our compatibility process the need to reevaluate compatibility
determinations after a set period, either 10 or 15 years, depending on
the use, because new science or new conditions could compel the Service
to change our compatibility determinations. In the case of the use of
lead, our past determinations that lead ammunition and lead tackle were
permissible to use on Refuge System lands does not change this
fundamental structure of our processes. The use of lead ammunition and
tackle, like any other visitor activity, can only be allowed on a
refuge if, and only for as long as, the refuge applies the best
available science and sound professional judgment to find it
compatible. The suggestion from some commenters that historical use of
lead or past determinations that lead use was compatible compels us to
find the future use of lead compatible is therefore counter to our
mission and statutory obligations. This suggestion also ignores the
accumulation of lead in the environment over time. The Service will
continue to revisit our compatibility determinations, as required,
while considering the best available science and applying sound
professional judgment.
We did not make any changes to the rule as a result of these
comments.
Comment (8): Some commenters opposed to requirements in this rule
to use lead-free ammunition claimed lead-free ammunition is more
expensive than lead ammunition. Some of these commenters further
expressed the concern that lead-free ammunition requirements could
prevent participation in hunting due to price differences.
Our Response: We do not agree that lead-free ammunition is
prohibitively expensive, especially in comparison to lead ammunition.
However, we recognize that there could be some cost burden of
compliance for hunting and fishing opportunities where lead-free
ammunition or tackle is required. For example, lead-free ammunition is
very close in price to premium lead ammunition but can be more
expensive than some lead ammunition. Notably, the Maine Department of
Inland Fisheries and Wildlife and others have recognized that this cost
difference is typically less than $10 per box of ammunition, with boxes
usually lasting multiple hunting seasons (see online at <a href="https://www.maine.gov/ifw/hunting-trapping/hunting/nonlead-ammunition.html">https://www.maine.gov/ifw/hunting-trapping/hunting/nonlead-ammunition.html</a>).
When we have restricted lead ammunition use, we have first ensured
that the ecological health and conservation benefits outweigh any
potential for cost burden on hunters. We are confident that non-lead
ammunition is not cost-prohibitive, as hunting continues on all Refuge
System stations where we have restricted lead use. Moreover, we have
not seen declines in hunting use attributable to lead-free ammunition
requirements. In other words, hunting-use day declines at stations that
require lead-free ammunition do not appear to deviate from general
trends of declining hunting participation that affect all stations in
the Refuge System. Where we have seen meaningful declines is in the
price of lead-free ammunition options, as there has been a continuous
trend for years of decreasing prices, and the 1991 nationwide ban on
lead ammunition for waterfowl hunting shows that regulations can spur
innovation and production, which brings the prices down for lead-free
options.
Finally, even though the cost burden of compliance with lead-free
ammunition requirements on individual refuges is not onerous, the
Service is considering various measures to incentivize hunters to
transition from lead to lead-free ammunition and mitigate the costs of
the transition. In fact, we are in the process of implementing an
ambitious lead-free voluntary pilot program, beginning this fall for
the 2024 hunting seasons, that includes providing direct economic
incentives to hunters to address the price difference as a barrier to
choosing lead-free ammunition. This pilot program is discussed further
in our response to Comment (4), above. We look forward to continuing to
work closely with the Hunting and Wildlife Conservation Council, the
Association of Fish and Wildlife Agencies, our state agency partners,
and other hunting organizations to further develop our lead-free
voluntary pilot program.
[[Page 88154]]
We did not make any changes to the rule as a result of these
comments.
Comment (9): Most commenters opposed to non-lead ammunition and
tackle requirements asserted that there is limited availability of
lead-free ammunition compared to that of lead ammunition, such that
requiring lead-free ammunition would prevent participation in refuge
hunting opportunities. Some of these commenters further noted that the
availability of non-lead ammunition is more limited for certain
firearms and types of ammunition, especially .22 rifle ammunition. One
commenter also, tangentially to the topic of availability, stated that
the Gun Control Act of 1968, as amended (GCA; 18 U.S.C. 921 et seq.),
and associated Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) regulations (27 CFR part 478) concerning armor piercing
ammunition hinder the production and thus availability of lead-free
ammunition.
Our Response: We do not agree that lead-free ammunition and tackle
are insufficiently available to hunters and anglers in localities where
we have restricted the use of lead ammunition or tackle, either in the
past or through this rulemaking. However, we recognize that there could
be some compliance burden in identifying and locating lead-free
ammunition and tackle for hunting and fishing opportunities, where
required. Where we have restricted lead use in the past or will
restrict it through this rulemaking, we have ensured that the
ecological health and conservation benefits outweigh any potential for
compliance burden on hunters and anglers, including the ease of
locating available lead-free ammunition and tackle. As with the costs
of lead-free options, for opportunities where lead-free ammunition or
tackle are required, the Service has not seen declines in hunting or
fishing participation that can be attributed to lead-free ammunition or
tackle being less widely available than lead ammunition and tackle.
Also, as with costs, there are existing trends of increasing
availability of lead-free options, and the 1991 national ban on lead
ammunition for waterfowl hunting demonstrates that regulations
requiring the use of lead-free ammunition can promote increased
availability. Also, the pilot program that the Service is implementing
this fall for the 2024 hunting seasons will also help to address
availability, as more hunters voluntarily participate and the increased
demand gives manufacturers a reason to produce, and retailers a reason
to offer, more lead-free ammunition. In fact, the Service is interested
in collaboration with retailers that can directly address awareness and
availability of lead-free ammunition and tackle as we continue to
develop our pilot program.
Additionally, we recognize that non-lead ammunition may be less
available than lead ammunition, in general, for some models of firearms
and certain ammunition calibers. This is especially concerning, as
noted by some commenters, for .22 rifle ammunition where existing lines
of lead-free ammunition have been recently discontinued. Lead-free
ammunition remains available, but this development will impact
availability and could impact refuge hunting where lead-free ammunition
is required, particularly squirrel hunting. The Service will continue
to monitor the lead-free options in the market and take the information
into account in deciding whether and where to require lead-free
ammunition. We also encourage industry and retailers to continue to
manufacture and offer more lead-free ammunition options so that
ammunition is available to hunters, whether they are required, or
voluntarily choose, to use lead-free ammunition.
Finally, the claim that the Gun Control Act of 1968 (GCA) and
associated ATF regulations concerning armor piercing ammunition hinder
the production and thus availability of lead-free ammunition is beyond
the scope of this rulemaking. However, the Service has raised this
issue with the ATF at the recommendation of the Hunting and Wildlife
Conservation Council.
We did not make any changes to the rule as a result of these
comments.
Comment (10): A few commenters pointed to sources of lead, other
than hunting and fishing with lead ammunition and tackle, in the
environment. These commenters asserted that the Service should not have
lead-free ammunition and tackle requirements because these other
sources of lead also cause negative health impacts for fish and
wildlife.
Our Response: While there are of course other potential sources of
lead in the environment, including other sources that may be
bioavailable to wildlife, the Service does not see this as diminishing
the importance or conservation benefits of addressing lead poisoning of
wildlife from hunting with lead ammunition or from fishing with lead
tackle. While these other sources of lead vary in the degree of risk
that they could present to wildlife, the Service is duly concerned by
the health risks from any potential source of lead exposure for
wildlife and humans. There are likely benefits to be had from efforts
to address each of these sources in turn, but that is generally beyond
the scope of this rulemaking.
Moreover, these other potential sources of lead do not change the
fact that the best available science has drawn a clear link between the
use of lead ammunition and tackle and its ecological health impacts. In
fact, the study from Slabe et al. (2022), cited earlier in our response
to Comment (7), provides strong evidence that not only is there an
impact to eagles from lead ammunition specifically, but there is also
strong evidence that it represents the most important source of lead
exposure for the species studied. Essentially, the study demonstrated
that the highest rates of acute lead poisoning in eagles, measured by
liver lead concentrations, corresponded in terms of timing with the use
of lead ammunition in the form of a nationwide spike in lead poisoning
during winter months in the midst of hunting seasons. To the extent
other sources of lead do bear on our decisions about lead ammunition
and tackle use, these additional lead sources in fact weigh in favor of
lead-use restrictions, as lead can accumulate in wildlife from repeated
exposure from one or multiple sources (see, e.g., Behmke 2015).
Similarly, the Service is also not discouraged from either
incentivizing or requiring the use of lead-free ammunition and tackle,
where appropriate, by the continued use of lead ammunition and tackle
for hunting and fishing on nearby State and privately held lands and
waters. The Service will act to address threats, including from visitor
uses, as necessary within our authority, in the interest of our
conservation mission even if, and often especially when, human
activities outside of refuge borders present similar threats.
We did not make any changes to the rule as a result of these
comments.
Comment (11): One comment opposed to non-lead ammunition and tackle
requirements maintained that lead ammunition and tackle are made of an
inorganic, insoluble form of lead that poses less risk of harm to
humans or animals.
Our Response: While inorganic lead presents a low risk of adverse
health impacts while it retains its solid, molded form (i.e., anglers
face relatively little risk from handling lead tackle), the basis for
concern about lead ammunition and tackle is that there are multiple
ways for such lead to become harmful to human and wildlife health.
Organic lead (i.e., the banned gasoline additive tetramethyl lead) is
more dangerous than inorganic lead because it can be absorbed through
the skin. Inorganic lead can also have serious
[[Page 88155]]
impacts in certain forms (e.g., fragments and particles) and once it is
inside an animal.
First, as briefly described in our response to Comment (7), lead
ammunition, including bonded lead ammunition, fragments when it hits an
animal, and this distributes tiny pieces of lead within a wide radius
in the soft tissues of the harvested animal (see Trinogga et al.
(2019). Fragmentation of lead-free and lead-based hunting rifle bullets
under real life hunting conditions in Germany. Amibo 48(9): pp. 1056-
1064 (published online March 23, 2019)). These tiny fragments of lead
are then consumed by scavenger species eating carcasses or gut piles
left behind or humans eating the game meat. In this tiny, fragmented
form and acted on by digestive enzymes and acids, the lead derived from
ammunition can then shed particles that enter the blood stream and
affect systems throughout the body, presenting both chronic and acute
health risks.
Second, as briefly described in our response to Comment (7), lead
ammunition and tackle that is deposited along shores or at the bottom
of bodies of water can be ingested by several species of birds that
forage in these locations for pebbles, as pebbles are necessary to
break down food through grinding in a special organ of their digestive
systems called a gizzard. This grinding process, along with digestive
acids and enzymes that accompany food into the gizzard, can easily
break down lead ammunition and tackle into fragments and cause it to
shed particles, just as the process breaks down the stones and shells
the birds intended to ingest. These lead particles are then able to
enter the bloodstream and affect systems throughout the body,
presenting both chronic and acute health risks.
Third, lead ammunition and tackle that ends up discarded in bodies
of water may begin to dissolve and thus introduce lead particles into
the water that present both chronic and acute health risks to both
aquatic animals living in the water and terrestrial animals drinking
from the water. This process requires high acidity in the water that
dissolves lead ammunition or tackle, and it is essentially the same
concern as the problem of corrosion from acidic water in lead water
pipes. These particles of lead dissolved into the water are easily
taken up into the bloodstream as they pass through digestive systems.
It is through these known processes that lead ammunition and tackle
present a risk, and the best available scientific evidence indicates
that these processes are occurring at rates that are causing negative
impacts on the health of certain wildlife species. Thus, we seriously
consider the impact of inorganic forms of lead, such as lead ammunition
and tackle, on wildlife and human health in our regulatory and
management processes.
We did not make any changes to the rule as a result of this
comment.
Comment (12): One commenter, in objecting to the regulation of lead
ammunition and tackle, expressed nonsubstantive concerns centered on
their views about the constitutionality and/or legality of the Service
creating non-lead ammunition and tackle requirements through our
regulations. This comment also offered nonsubstantive concerns about
their general projections of impacts to the ammunition and tackle
industry and the broader economy.
Our Response: The Service thoroughly addressed these and similar
concerns in our final rule for the 2022-2023 station-specific hunting
and sport fishing regulations (see 87 FR 57108 at 57117-57119,
September 16, 2022). Our position remains the same on these topics in
this 2024-2025 rulemaking.
We did not make any changes to the rule as a result of this
comment.
Comment (13): A few commenters expressed concerns about the
availability of copper for use in ammunition, as copper is one of the
alternatives to lead used for non-lead ammunition. The comments
expressed concern that due to limited sources of copper and demand for
copper for other uses, an increase in demand for copper for ammunition
from non-lead ammunition requirements may not be possible or could
drive up the cost of non-lead ammunition.
Our Response: These concerns are outside the scope of this
rulemaking. It is outside the expertise of the Service and the scope of
this rule to speculate about the current or future availability of
copper, or how it could affect prices for goods made using copper.
There are, however, two things the Service can say on this topic.
First, by requiring the use of lead-free ammunition for elk hunting at
four refuges and all hunting on one unit of another refuge in this
rule, the Service is not specifically requiring the use of copper
ammunition. Second, the non-lead ammunition regulations in this
rulemaking impact a small portion of the market for ammunition.
We did not make any changes to the rule as a result of these
comments.
Comment (14): We also received several comments concerning
potential compliance and enforcement challenges related to requirements
for hunters to use lead-free ammunition, in particular the requirement
specific to the Big Cove Unit of Canaan Valley NWR set forth in this
rule. Some of these comments specifically noted the compliance
challenge that it may be difficult for hunters to discern when they are
on the Big Cove Unit and when they are on another unit of the refuge.
Some also expressed concerns related to enforcement with the difficulty
of law enforcement to differentiate between lead-free and lead
ammunition and with the wording of the lead-free requirement stating
that hunters may only ``possess'' lead-free ammunition when this is
applied to big game hunters who choose to carry a sidearm containing
lead ammunition for self-defense.
Our Response: The compliance and enforcement challenges identified
in these comments are indeed inherent challenges when it comes to lead-
free ammunition requirements within a given jurisdictional boundary. On
the compliance side, while we recognize that differences in regulations
between adjacent units of huntable land present the potential for
confusion, this situation occurs in other contexts because of
differences in land uses and ownership, and responsible hunters are
familiar with the responsibility to be aware of what land they are on
and the applicable regulations. Our law enforcement personnel have been
appropriately and effectively enforcing similar requirements for years
at various individual refuges and already receive applicable training.
The requirement will be enforced by Service law enforcement officers in
the same manner as similar existing lead-free ammunition requirements
elsewhere in the Refuge System, some of which already apply to big game
hunting ammunition and some of which apply only to designated units
within a given refuge or individual refuges within a complex.
This includes the scenario of a big game hunter carrying a lawful
side-arm for self-defense purposes while hunting. The Service's refuge
hunting regulations govern the lawful use and possession of firearms
and ammunition for hunting, but do not prohibit possession for purposes
of self-defense of a handgun, and ammunition it contains, lawfully
carried under applicable State law.
We did not make any changes to the rule as a result of these
comments.
Comment (15): Several commenters expressed concerns about or
objections to the removal of a permit requirement for the existing
muzzleloader deer hunt at Fort Niobrara NWR, including concern about
hunting pressure reducing the quality of the deer hunt.
[[Page 88156]]
Our Response: The Service acknowledges the concern that removing
the Fort Niobrara NWR refuge-specific permit requirement may affect the
quality of the muzzleloader deer hunt there. We do not anticipate that
removing the refuge permit requirement will increase the number of
hunters that participate in the Fort Niobrara muzzleloader deer hunt,
but we recognize that it could. Our desired result is to reduce an
administrative burden for hunters and to more closely align refuge
regulations with State regulations. We will continue to monitor
muzzleloader deer hunter use at the refuge. If we identify significant
negative impacts to habitat, wildlife, or refuge visitors, we will
consider further regulatory changes.
We did not make any changes to the rule as a result of these
comments.
Comment (16): Two comments expressed objections to the closing of
111 acres that are currently open to hunting at Crab Orchard NWR.
Our Response: This closure of a small area within Crab Orchard NWR
is necessary in order to allow for use of the area for other public
recreational uses, including camping. In addition to our safety and
compatibility considerations, the Service must comply with State laws
related to how close hunting may be authorized to the intended camping
area. Crab Orchard NWR will still offer hunters more than 44,000
huntable acres.
We did not make any changes to the rule as a result of these
comments.
Comment (17): We received multiple comments expressing concern
about opportunities for hunting of predator species, including black
bear, bobcat, fox, and coyote hunting. Some of these comments also
object to the use of dogs and hunting at night when hunting these
species.
Our Response: Refuge managers consider predator management
decisions on a case-by-case basis. As with all species, a refuge
manager makes a decision about managing predator populations, which are
included in the category of resident wildlife, including allowing
predatory species to be hunted, only after careful examination to
ensure the action would comply with relevant laws, policies, and
directives.
The Administration Act, as amended, directs the Service to manage
refuges for biological integrity, diversity, and environmental health.
Predators play a critical role in the integrity, diversity, and overall
health of ecosystems, so before allowing predators to be hunted, a
refuge manager must ensure that these actions do not threaten the
integrity, diversity, or health of the refuge ecosystem.
The refuge manager must also determine that the action is
compatible with refuge purposes and the mission of the Refuge System,
and in keeping with the refuge's comprehensive conservation plan (CCP)
and other step-down plans. In addition, the refuge manager analyzes the
impacts of the actions on the environment through the NEPA process and
section 7 of the ESA. Therefore, a refuge manager must take many steps
to ensure that any opportunity for hunting predators on a refuge meets
the Service's applicable laws and policies. All of the same
considerations apply where, on a case-by-case basis, we authorize the
use of dogs or align with State regulations to allow hunting at night
in conjunction with predator hunting or other hunting.
The Administration Act, as amended, also mandates that regulations
authorizing hunting or fishing of fish and resident wildlife within the
Refuge System shall be, to the extent practicable, consistent with
State fish and wildlife laws, regulations, and management plans (16
U.S.C. 668dd(m)). Therefore, all the opportunities for hunting
predators in this rule that are intended to bring greater consistency
with State fish and wildlife laws, regulations, and management plans
are part of realizing the Service's mission. Moreover, these, as with
all predator hunting determinations and all hunting and fishing
determinations, were only made after careful consideration by the
refuge manager to ensure that such actions would not threaten the
integrity, diversity, and overall health of the ecosystem and were
compatible with both the purpose of the refuge and the mission of the
Refuge System.
Finally, both the NEPA process and the rulemaking process provide
the opportunity for the public to provide comments and any additional
information on the impacts of our actions. We considered the additional
information provided from the public on this issue during these public
comment periods and determined that they did not affect our initial
determinations that the opportunities for hunting predators on specific
refuges will have no more than minor impacts on the population health
of these species or other wildlife at the local, regional, or national
level.
We did not make any changes to the rule as a result of these
comments.
Comment (18): We received two comments expressing concern about the
Service having adequate funding and staffing, including law enforcement
officers, to administer our hunting and fishing opportunities.
Our Response: We appreciate the concern of these commenters for
sufficient funding and staffing to safely and effectively administer
hunting and fishing activities throughout the Refuge System.
Importantly, Service policy (603 FW 2.12.A.(7); see <a href="https://www.fws.gov/policy-library/603fw2">https://www.fws.gov/policy-library/603fw2</a>) requires station managers to
determine that adequate resources, including personnel, exist or can be
provided by the Service or a partner to properly develop, operate, and
maintain the use in a way that will not materially interfere with or
detract from fulfillment of the refuge purpose(s) and the Service's
mission. If resources are lacking for establishment or continuation of
wildlife-dependent recreational uses, the refuge manager will make
reasonable efforts to obtain additional resources or outside assistance
from States, other public agencies, local communities, and/or private
and nonprofit groups before determining that the use is not compatible.
For example, when Service law enforcement resources are lacking, we are
often able to rely upon State fish and game law-enforcement capacity to
assist in enforcement of hunting and fishing regulations. For all
refuges opening or expanding hunting or sport fishing in this rule, we
have determined that we have adequate resources, including available
funds and personnel, to develop, operate, and maintain the proposed
hunt programs.
We did not make any changes to the rule as a result of these
comments.
Comment (19): We received one comment arguing that we should have
prepared an environmental impact statement (EIS) instead of station-
specific environmental analyses (EAs) combined with a national
cumulative impact report.
Our Response: The Service disagrees with the assertion that we
should prepare an EIS before opening or expanding hunting and fishing
opportunities on refuges. We completed individual EAs for, or applied
categorical exclusions to, each refuge in this rule, in compliance with
NEPA, to evaluate the impacts of opening or expanding hunting or
fishing opportunities through this rulemaking. These EAs and
categorical exclusions underwent regional and national review to
address and consider these actions from a local, regional, multi-State,
and/or flyway perspective, and to consider the cumulative impacts from
this larger geographical context. The 2024-2025 cumulative impacts
report concludes, after analyzing the impacts, collectively,
[[Page 88157]]
of all EAs and categorical exclusions prepared in connection with this
rule, that the rule would not have significant impacts at the local,
regional, or national level. The commenter who raised these
environmental analysis concerns provided no additional information that
would change this analysis or our conclusion. As discussed above, we
annually conduct management activities on refuges that minimize or
offset impacts of hunting and fishing on physical and cultural
resources, including establishing designated areas for hunting;
restricting levels of use; confining access and travel to designated
locations; providing education programs and materials for hunters,
anglers, and other users; and conducting law enforcement activities.
In this rulemaking, the Service is expanding opportunities for
recreational hunting and fishing. Expanding opportunities does not
necessarily result in increased impacts to refuge resources. We
anticipate that for some refuges, these expansions will not result in
changes in usage of the refuge. In other cases, these expansions may
lead to some increase in use of refuges, but these changes would likely
be minor. Opening of new refuges or new opportunities may attract
people to the refuge, but these hunters and/or anglers were likely
already participating elsewhere on State or other Federal lands.
Overall, considering the decreasing trends in hunting generally, and
trends on refuges specifically, we do not expect this final rule to
have a significant impact on the environment. As noted in our
cumulative impacts report, hunter participation trends have been
generally declining, some refuges attract a very small number of
participants, and often participation rates decline over the course of
a season.
Finally, a Federal court found that this approach, using a bottom-
up analysis to assess the cumulative impact of increased hunting and
fishing across the entire Refuge System, was an appropriate way for the
Service to analyze the impacts of the rule in compliance with NEPA (see
Fund for Animals v. Hall, 777 F. Supp. 2d 92, 105 (D.D.C. 2011)).
We did not make any changes to the rule as a result of this
comment.
Comment (20): We received two comments that advocated for requiring
some form of monetary payment to the Service for members of the public
to participate in recreational uses other than hunting or fishing.
Our Response: Notably, the Service does not uniformly charge
entrance or recreation fees, but does for some stations on a case-by-
case basis. Any such fee, however, is outside the scope of this
rulemaking, which is devoted to regulations for hunting and fishing
activities on the Refuge System.
The Service collects entrance and recreation fees under the
authorities of the Refuge Revenue Sharing Act of 1935 (16 U.S.C. 715s)
and the Federal Lands Recreation Enhancement Act (FLREA; 16 U.S.C. 6801
et seq.). Service policy requires refuge managers to consider two
factors in determining fees for any activity: Fair market value and
costs involved in providing the use. Because fair market value and
refuge costs can differ among localities, there is often a range of
different fees for similar activities in different locations. For
locations that collect fees under FLREA, public comment periods are
required when refuges initiate fees and to change the types and amounts
of fees. We encourage public participation in this process.
We did not make any changes to the rule as a result of these
comments.
Comment (21): We received one comment that advocated for barring
all filming on the Refuge System.
Our Response: The Service already has policies and regulations
governing filming on the Refuge System, which are outside the scope of
this rulemaking. We will note that filming has the potential to impact
wildlife or habitat, particularly larger-scale commercial filming and
noncommercial filming involving models, sets, or lighting equipment.
Under our current regulations (see 50 CFR 27.71 and 43 CFR part 5),
such filming will require a special use permit and the associated
evaluation of the potential impacts prior to granting the permit.
However, we encourage refuge visitors to use their personal hand-held
cameras and cellphones to capture photos video of wildlife and of
natural scenery in order to share with friends and loved ones and to
preserve memories of their visits.
We did not make any changes to the rule as a result of this
comment.
Comment (22): We received one comment requesting an extension of
the public comment period through December 3, 2024.
Our Response: We declined to extend the public comment period for
the August 2, 2024, proposed rule (89 FR 63139). While extending the
comment period was not necessary and extending it by 3 months would not
have been feasible, the Service acknowledges that, for this annual rule
cycle, the public comment period was shorter than those we provided in
the last few years. This was necessitated by consideration of the
balance between providing as much opportunity for public comment as
possible while keeping delays to fall hunting opportunities to a
minimum. We provided 30 days for public comments, and, within that
time, we received comments covering the full range of typical topics
for this annual rulemaking from a substantial number of the industry,
sporting, and conservation organizations that are stakeholders for
these regulations. The comments we received on the August 2, 2024,
proposed rule are also a representative set of comments from individual
members of the public. The Service believes that 30 days was an
adequate amount of time for interested parties to provide their
comments to us.
We did not make any changes to the rule as a result of this
comment.
Changes From the Proposed Rule
As discussed above, under Summary of Comments and Responses, we
made no changes in this final rule based on comments we received on the
August 2, 2024, proposed rule (89 FR 63139) and NEPA documents for
individual refuges.
We did, however, withdraw the proposed authorization of incidental
take of feral hog when big game hunting on Green River NWR. As of
earlier this year, the Kentucky Department of Fish and Wildlife
Resources prohibits hunting of feral hogs, also known as wild pigs,
within Kentucky. The Department is pursuing a strategy of eradication
through trapping for this invasive species, and we are seeking to
ensure our refuge regulations are aligned with this effort. We
encourage anyone hunting or otherwise recreating on Green River NWR to
report sightings of feral hogs to the Kentucky Department of Fish and
Wildlife Resources.
We also made several editorial, nonsubstantive revisions to this
rule to improve clarity or to correct cross-references.
Effective Date
We are making this rule effective upon the date of its filing at
the Office of the Federal Register (see DATES, above). We provided a
30-day public comment period for the August 2, 2024, proposed rule (89
FR 63139). We have determined that any further delay in implementing
these station-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 refuges' hunting and sport fishing
programs. 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 and hatcheries that we would
[[Page 88158]]
otherwise prohibit. Therefore, we find good cause under 5 U.S.C.
553(d)(3) and 808(1) to make this rule effective upon the date of its
filing at the Office of the Federal Register.
Amendments to Existing Regulations
Updates to Hunting and Fishing Opportunities on NWRs
This document codifies in the Code of Federal Regulations all the
Service's hunting and/or sport fishing regulations that we are updating
since the last time we published a rule amending these regulations (88
FR 74050; October 30, 2023) and that are applicable at Refuge System
units previously opened to hunting and/or sport fishing. We adopt these
changes to better inform the general public of the regulations at each
station, to increase understanding and compliance with these
regulations, and to make enforcement of these regulations more
efficient. In addition to finding these regulations in 50 CFR parts 32,
visitors to our stations may find them reiterated in literature
distributed by each station or posted on signs.
Table 1--Changes for 2024-2025 Hunting/Sport Fishing Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Station State Migratory bird hunting Upland game hunting Big game hunting Sport fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bayou Teche NWR.................... Louisiana............. E..................... Already Open......... E.................... Already Open.
Canaan Valley NWR.................. West Virginia......... E..................... E.................... E.................... Already Open.
Des Lacs NWR....................... North Dakota.......... Closed................ Already Open......... O.................... Closed.
Green River NWR.................... Kentucky.............. N..................... Closed............... N.................... Closed.
Horicon NWR........................ Wisconsin............. Already Open.......... Already Open......... Already Open......... E.
J. Clark Salyer NWR................ North Dakota.......... Already Open.......... Already Open......... O.................... Already Open.
Lostwood NWR....................... North Dakota.......... Closed................ Already Open......... O.................... Closed.
Trinity River NWR.................. Texas................. O..................... Already Open......... E.................... Already Open.
Turnbull NWR....................... Washington............ Already Open.......... Closed............... E.................... Closed.
Upper Souris NWR................... North Dakota.......... Closed................ Already Open......... O.................... Already Open.
Valentine NWR...................... Nebraska.............. Already Open.......... E.................... Already Open......... Already Open.
Waccamaw NWR....................... South Carolina........ E..................... Already Open......... Already Open......... Already Open.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Key:
N = New station opened for the first time.
O = Opening (New species and/or new activity on a station previously open to other activities).
E = Expansion (Station is already open to the activity: the final rule adds new lands/waters, modifies areas open to hunting or fishing, extends season
dates, adds a targeted hunt, modifies season dates, modifies hunting hours, etc.).
The changes for the 2024-2025 hunting/fishing season noted in the
table above are each based on a complete administrative record which,
among other detailed documentation, also includes a hunt plan, a
compatibility determination (for refuges), and the appropriate NEPA
analysis, all of which were the subject of a public review and comment
process. These documents are available upon request.
The Service recognizes the possible effects of lead ammunition on
refuge resources and human health, and we will continue to evaluate and
appropriately regulate the use of lead ammunition and tackle on Service
lands and waters. The Service has initiated stakeholder engagement to
implement a deliberate, open, and transparent process of evaluating the
future of lead use on Service lands and waters, working with our State
partners and seeking input and recommendations from the Hunting and
Wildlife Conservation Council, other stakeholders, and the public. The
best available science, analyzed as part of this rulemaking, indicates
that lead ammunition and tackle have negative impacts on both wildlife
and human health. Based on the best available science and sound
professional judgment, where appropriate, the Service may propose to
require the use of non-lead ammunition and tackle on Service lands and
waters, as we have previously done in certain areas. While the Service
continues to evaluate the future of lead use in hunting and fishing on
Service lands and waters, we will work with stakeholders and the public
to evaluate lead use through the annual rulemaking process. In the
interim, the Service does not intend to allow opportunities increasing
or authorizing the new use of lead on Service lands and waters, and
this rule is consistent with that approach.
Crab Orchard NWR will close hunting on 111 acres that are currently
open to hunting, out of more than 44,000 huntable acres, so that the
area can be repurposed for other visitor recreational uses, including
camping. Turnbull, Horicon, and Valentine NWRs are expanding hunting
and fishing to species where lead-free ammunition or tackle is already
required on the refuges. Trinity River, Bayou Teche, Green River, and
Waccamaw NWRs will each open or expand archery deer hunting or open or
expand migratory bird hunting, both of which are hunting activities
that do not involve lead ammunition. Des Lacs, J. Clark Salyer,
Lostwood, and Upper Souris NWRs are opening elk hunting that will
require the use of lead-free ammunition immediately in the fall 2024
season. In this final rule, Canaan Valley NWR will expand all existing
hunting onto the newly acquired Big Cove Unit and require the use of
lead-free ammunition immediately for all hunting in the fall 2024
seasons on the Big Cove Unit.
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 <a href="https://www.epa.gov/choose-fish-and-shellfish-wisely">https://www.epa.gov/choose-fish-and-shellfish-wisely</a>.
Required Determinations
Regulatory Planning and Review--Executive Orders 12866, 13563, and
14094
Executive Order 14094 amends and reaffirms the principles of E.O.
12866 and E.O. 13563 and states that regulatory analysis should
facilitate agency efforts to develop regulations that serve the public
interest, advance statutory objectives, and are consistent with E.O.
12866, E.O. 13563, and E.O. 14094. Regulatory analysis, as
[[Page 88159]]
practicable and appropriate, shall recognize distributive impacts and
equity, to the extent permitted by law. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this final rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and amended by E.O. 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget (OMB) will review all
significant rules. OIRA has determined that this rule is not
significant.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.),
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA; title II of Pub. L. 104-121, March 29, 1996), whenever a
Federal agency is required to publish a notice of rulemaking for any
proposed or final rule, it must prepare and make available for public
comment a regulatory flexibility analysis that describes the effect of
the rule on small entities (i.e., small businesses, small
organizations, and small government jurisdictions). However, no
regulatory flexibility analysis is required if the head of an agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Thus, for a regulatory
flexibility analysis to be required, impacts must exceed a threshold
for ``significant impact'' and a threshold for a ``substantial number
of small entities.'' See 5 U.S.C. 605(b). SBREFA amended the Regulatory
Flexibility Act to require Federal agencies to provide a statement of
the factual basis for certifying that a rule will not have a
significant economic impact on a substantial number of small entities.
This rule opens or expands hunting or fishing on 12 NWRs. As a
result, visitor use for wildlife-dependent recreation on these stations
will change. If the stations establishing new programs were a pure
addition to the current supply of those activities, it would mean an
estimated maximum increase of 1,481 user days (one person per day
participating in a recreational opportunity; see table 2, below).
Because the participation trend is flat in these activities, this
increase in supply will most likely be offset by other sites losing
participants. Therefore, this is likely to be a substitute site for the
activity and not necessarily an increase in participation rates for the
activity.
Table 2--Estimated Maximum Change in Recreation Opportunities in 2024-2025
[2023 Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Additional Additional Additional
Station hunting days fishing days expenditures
----------------------------------------------------------------------------------------------------------------
Bayou Teche NWR................................................. 40 .............. $1.6
Canaan Valley NWR............................................... 20 .............. 0.8
Des Lacs NWR.................................................... 70 .............. 2.8
Green River NWR................................................. 144 .............. 5.7
Horicon NWR..................................................... .............. 365 15.1
J. Clark Salyer NWR............................................. 70 .............. 2.8
Lostwood NWR.................................................... 70 .............. 2.8
Trinity River NWR............................................... 300 .............. 11.9
Turnbull NWR.................................................... 272 .............. 10.8
Upper Souris NWR................................................ 70 .............. 2.8
Valentine NWR................................................... 60 .............. 2.4
Waccamaw NWR.................................................... 0 .............. 0
-----------------------------------------------
Total....................................................... 1,116 365 59.5
----------------------------------------------------------------------------------------------------------------
To the extent visitors spend time and money in the area of the
station that they would not have spent there anyway, they contribute
new income to the regional economy and benefit local businesses. Due to
the unavailability of site-specific expenditure data, we use the
national estimates from the 2016 National Survey of Fishing, Hunting,
and Wildlife Associated Recreation to identify expenditures for food
and lodging, transportation, and other incidental expenses. Using the
average expenditures for these categories with the maximum expected
additional participation of the Refuge System yields approximately
$59,000 in recreation-related expenditures (see table 2, above). By
having ripple effects throughout the economy, these direct expenditures
are only part of the economic impact of these recreational activities.
Using a national impact multiplier for hunting activities (2.51)
derived from the report ``Hunting in America: An Economic Force for
Conservation'' and for fishing activities (2.51) derived from the
report ``Sportfishing in America'' yields a total maximum economic
impact of approximately $150,000 (2023 dollars) (Southwick Associates,
Inc., 2018).
Since we know that most of the fishing and hunting occurs within
100 miles of a participant's residence, then it is unlikely that most
of this spending will be ``new'' money coming into a local economy;
therefore, this spending will be offset with a decrease in some other
sector of the local economy. The net gain to the local economies will
be no more than $149,000 and likely less. Since 80 percent of the
participants travel less than 100 miles to engage in hunting and
fishing activities, their spending patterns will not add new money into
the local economy and, therefore, the real impact will be on the order
of about $30,000 annually.
Small businesses within the retail trade industry (such as hotels,
gas stations, taxidermy shops, bait-and-tackle shops, and similar
businesses) may be affected by some increased or decreased station
visitation. A large percentage of these retail trade establishments in
the local communities around NWRs qualify as small businesses (see
table 3, below). We expect that the incremental recreational changes
will be scattered, and so we do not expect that the rule will have a
significant economic effect on a substantial number of small entities
in any region or nationally. As noted previously, we expect at most
$59,500 to be spent in total in the refuges' local economies. The
maximum increase will be less than one-tenth of 1 percent for
[[Page 88160]]
local retail trade spending (see table 3, below). Table 3 does not
include entries for those NWRs for which we project no changes in
recreation opportunities in 2024-2025; see table 2, above.
Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2024-2025
[Thousands, 2023 dollars]
----------------------------------------------------------------------------------------------------------------
Estimated
maximum Establishments
Station/county(ies) Retail trade addition Addition as Establishments with fewer than
in 2017 \1\ from new % of total in 2017 \1\ 10 employees in
activities 2017
----------------------------------------------------------------------------------------------------------------
Bayou Teche:
St. Mary Parish, LA............. $658,214 $2 <0.1 186 145
Canaan Valley:
Grant, WV....................... 133,024 0 <0.1 42 28
Tucker, WV...................... 79,611 0 <0.1 28 20
Des Lacs:
Renville, ND.................... 43,869 3 <0.1 13 11
Green River:
Henderson, KY................... 825,225 6 <0.1 150 98
Horicon:
Dodge, WI....................... 1,069,734 8 <0.1 232 154
Fond du Lac, WI................. 2,137,970 8 <0.1 344 207
J. Clark Salyer:
McHenry, ND..................... 39,926 3 <0.1 19 14
Lostwood:
Burke, ND....................... 38,614 1 <0.1 8 4
Mountrail, ND................... 228,282 1 <0.1 47 27
Trinity River:
Liberty, TX..................... 1,047,020 12 <0.1 201 143
Turnbull:
Spokane, WA..................... 9,754,429 11 <0.1 1,627 1,036
Upper Souris:
Renville, ND.................... 43,869 1 <0.1 13 11
Ward, ND........................ 1,844,525 1 <0.1 309 169
Valentine:
Cherry, NE...................... 116,107 2 <0.1 43 30
Waccamaw:
Georgetown, SC.................. 1,035,984 0 0 287 206
----------------------------------------------------------------------------------------------------------------
\1\ U.S. Census Bureau.
With the small change in overall spending anticipated from this
rule, it is unlikely that a substantial number of small entities will
have more than a small impact from the spending change near the
affected stations. Therefore, we certify that this rule will not have a
significant economic effect on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
A regulatory flexibility analysis is not required. Accordingly, a small
entity compliance guide is not required.
Congressional Review Act
The rule is not a major rule under 5 U.S.C. 804(2), the
Congressional Review Act. We anticipate no significant employment or
small business effects. This rule:
a. Will not have an annual effect on the economy of $100 million or
more. The minimal impact will be scattered across the country and will
most likely not be significant in any local area.
b. Will not cause a major increase in costs or prices for
consumers; individual industries; Federal, State, or local government
agencies; or geographic regions. This rule will have only a slight
effect on the costs of hunting opportunities for Americans. If the
substitute sites are farther from the participants' residences, then an
increase in travel costs will occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost will be small. We do not expect this rule to affect the
supply or demand for hunting opportunities in the United States, and,
therefore, it should not affect prices for hunting equipment and
supplies, or the retailers that sell equipment.
c. Will not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule represents only a small proportion of recreational spending at
NWRs. Therefore, this rule will have no measurable economic effect on
the wildlife-dependent industry, which has annual sales of equipment
and travel expenditures of $72 billion nationwide.
Unfunded Mandates Reform Act
Since this rule will apply to public use of federally owned and
managed refuges, it will not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule will 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 will not have significant
takings implications. This rule will affect only visitors at NWRs and
describes what
[[Page 88161]]
they can do while they are on a Service station.
Federalism (E.O. 13132)
As discussed under Regulatory Planning and Review and Unfunded
Mandates Reform Act, above, this rule will not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement under E.O. 13132. In preparing this rule, we
worked with State governments.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Department of the Interior has
determined that this rule will not unduly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued E.O. 13211 on regulations
that significantly affect energy supply, distribution, or use. E.O.
13211 requires agencies to prepare statements of energy effects when
undertaking certain actions. Because this rule will open or expand
hunting opportunities on 12 NWRs, it is not a significant regulatory
action under E.O. 12866, and we do not expect it to significantly
affect energy supplies, distribution, or use. Therefore, this action is
not a significant energy action, and no statement of energy effects is
required.
Consultation and Coordination With Indian Tribal Governments (E.O.
13175)
In accordance with E.O. 13175, we have evaluated possible effects
on federally recognized Indian Tribes and have determined that there
are no effects. We coordinate recreational use on NWRs and National
Fish Hatcheries with Tribal governments having adjoining or overlapping
jurisdiction before we propose new or revised regulations.
Paperwork Reduction Act (PRA)
This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB
previously approved the information collection requirements associated
with application and reporting requirements associated with hunting and
sport fishing and assigned OMB Control Number 1018-0140 (expires 09/30/
2025). An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
Endangered Species Act Section 7 Consultation
We comply with section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), when developing comprehensive
conservation plans and step-down management plans--which includes
hunting and/or fishing plans--for public use of refuges and hatcheries,
and prior to implementing any new or revised public recreation program
on a station as identified in 50 CFR 26.32. We complied with section 7
for each of the stations affected by this rulemaking.
National Environmental Policy Act
We analyzed this rule in accordance with the criteria of the
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4332(C)), 43
CFR part 46, and 516 Departmental Manual (DM) 8.
A categorical exclusion from NEPA documentation applies to
publication of amendments to station-specific hunting and fishing
regulations because they are technical and procedural in nature, and
the environmental effects are too broad, speculative, or conjectural to
lend themselves to meaningful analysis (43 CFR 46.210 and 516 DM 8).
Concerning the actions that are the subject of this rulemaking, we have
complied with NEPA at the project level when developing each package.
This is consistent with the Department of the Interior instructions for
compliance with NEPA where actions are covered sufficiently by an
earlier environmental document (43 CFR 46.120).
Prior to the addition of a refuge or hatchery to the list of areas
open to hunting and fishing in 50 CFR parts 32 and 71, we develop
hunting and fishing plans for the affected stations. We incorporate
these station hunting and fishing activities in the station
comprehensive conservation plan and/or other step-down management
plans, pursuant to our refuge planning guidance in 602 Fish and
Wildlife Service Manual (FW) 1, 3, and 4. We prepare these
comprehensive conservation plans and step-down plans in compliance with
section 102(2)(C) of NEPA, the Council on Environmental Quality's
regulations for implementing NEPA in 40 CFR parts 1500 through 1508,
and the Department of Interior's NEPA regulations at 43 CFR part 46. We
invite the affected public to participate in the review, development,
and implementation of these plans. Copies of all plans and NEPA
compliance are available from the stations at the addresses provided
below.
Available Information for Specific Stations
Individual refuge and hatchery headquarters have information about
public use programs and conditions that apply to their specific
programs and maps of their respective areas. To find out how to contact
a specific refuge or hatchery, contact the appropriate Service office
for the States and Territories listed below:
Hawaii, Idaho, Oregon, and Washington. Regional Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside
Federal Complex, Suite 1692, 911 NE 11th Avenue, Portland, OR 97232-
4181; Telephone (503) 231-6203.
Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service, P.O. Box 1306,
500 Gold Avenue SW, Albuquerque, NM 87103; Telephone (505) 248-6635.
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and
Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish
and Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington,
MN 55437-1458; Telephone (612) 713-5476.
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico,
and the Virgin Islands. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard,
Atlanta, GA 30345; Telephone (404) 679-7356.
Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, Virginia, and West Virginia. Regional Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service, 300 Westgate
Center Drive, Hadley, MA 01035-9589; Telephone (413) 253-8307.
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota,
Utah, and Wyoming. Regional Chief, National Wildlife Refuge System,
U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO 80228;
Telephone (303) 236-4377.
Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish
and Wildlife Service, 1011 E Tudor Rd., Anchorage, AK 99503; Telephone
(907) 786-3545.
California and Nevada. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-2606,
[[Page 88162]]
Sacramento, CA 95825; Telephone (916) 767-9241.
Primary Author
Christian Myers, Division of Natural Resources and Conservation
Planning, National Wildlife Refuge System, is the primary author of
this rulemaking document.
Regulation Changes Summary Table
The regulatory amendments set forth below are presented alongside
existing station-specific regulations that have not been amended. For a
table that provides additional clarity on which specific regulatory
provisions have been amended, please see Docket No. FWS-HQ-NWRS-2024-
0034 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a separate document containing
a table that provides additional clarity on which specific regulatory
provisions have been amended and how they have been amended.
List of Subjects in 50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
Regulation Promulgation
For the reasons described in the preamble, we amend title 50,
chapter I, subchapter C of the Code of Federal Regulations as set forth
below:
PART 32--HUNTING AND FISHING
0
1. The authority citation for part 32 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i; Pub. L. 115-20, 131 Stat. 86.
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2. Amend Sec. 32.7 by revising and republishing paragraph (q) to read
as follows:
Sec. 32.7 What refuge units are open to hunting and/or sport
fishing?
* * * * *
(q) Kentucky. (1) Clarks River National Wildlife Refuge.
(2) Green River National Wildlife Refuge.
(3) Ohio River Islands National Wildlife Refuge.
(4) Reelfoot National Wildlife Refuge.
* * * * *
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3. Amend Sec. 32.24 by revising and republishing paragraphs (j), (m),
and (x) to read as follows:
Sec. 32.24 California.
* * * * *
(j) Lower Klamath National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on
designated areas of the refuge subject to the following conditions:
(i) In the controlled waterfowl hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older. All hunters age 15 and
younger must remain in the immediate presence of an adult (age 18 or
older) at all times while in the field.
(ii) Unless otherwise posted, we require advance reservations for
the first 2 days of the hunting season. Reservations are obtained
through the waterfowl lottery each year.
(iii) Hunters may enter the refuge at 4:30 a.m. unless otherwise
posted.
(iv) Shooting hours end at 1 p.m. on all California portions of the
refuge with the following exceptions:
(A) The refuge manager may designate up to 6 afternoon special
youth, ladies, veteran, or disabled hunter waterfowl hunts per season.
(B) The refuge manager may designate up to 3 days per week of
afternoon waterfowl hunting for the general public after December 1.
(v) We prohibit the setting of decoys in retrieving zones.
(vi) Pit-style hunting blinds located in the Stearns units and unit
9D are first-come, first-served. We require you to hunt within a 200-
foot (61-meter) radius of the blind.
(2) Upland game hunting. We allow hunting of pheasant on designated
areas of the refuge subject to the following conditions:
(i) In the controlled pheasant hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older.
(ii) All hunters age 15 or younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(3)-(4) [Reserved]
* * * * *
(m) Modoc National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on
designated areas of the refuge subject to the following conditions:
(i) On the opening weekend of the hunting season, hunters must
possess and carry a refuge permit (FWS Form 3-2439, Hunt Application/
Permit--National Wildlife Refuge System) issued through random drawing
to hunters with advance reservations only.
(ii) After the opening weekend of the hunting season, we only allow
hunting on Tuesdays, Thursdays, and Saturdays. Hunters must check-in
and out of the refuge by using self-service permits (FWS Form 3-2405,
Self-Clearing Check-in/out Permit). Hunters must completely fill out
the ``Refuge Hunt Permit'' portion of the permit and deposit it in the
drop box prior to hunting. Hunters must complete and display the
``Daily Vehicle Permit'' in the windshield of the hunter's vehicle
prior to hunting. The hunter must possess and carry the ``Record of
Kill'' and ``Waterfowl Harvest Statistics'' portions of the permit
while on the refuge and turn them in prior to exiting the hunting area.
(iii) In the designated spaced blind area, you must remain within
the blind assigned to you.
(iv) All hunters age 15 and younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(v) You may not possess more than 25 shot shells while in the field
once you have left your assigned parking lot or boat launch.
(vi) You may only use portable blinds in the free-roam hunting
areas.
(vii) You must remove all blinds, decoys, shell casings, other
personal equipment, and refuse from the refuge at the end of each day
(see Sec. Sec. 27.93 and 27.94 of this chapter).
(viii) Hunters must enter and exit the hunting area from the three
designated hunt parking lots, which we open 1\1/2\ hours before legal
shooting time and close 1 hour after legal shooting time each hunt day.
(ix) We only allow walk-in access to the hunt area by foot and
nonmotorized cart.
(2) Upland game hunting. We allow hunting of pheasant on designated
areas of the refuge subject to the following conditions:
(i) We limit hunting to junior hunters possessing a valid State
Junior Hunting License and refuge Junior Pheasant Hunt Permit (FWS Form
3-2439, Hunt Application/Permit--National Wildlife Refuge System).
(ii) All hunters age 15 and younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(3) [Reserved]
(4) Sport fishing. We allow sport fishing only on Dorris Reservoir
subject to the following conditions:
(i) We prohibit fishing from October 1 to January 31.
(ii) We allow fishing only from legal sunrise to legal sunset.
(iii) We allow only walk-in access to Dorris Reservoir from
February 1 through March 31.
[[Page 88163]]
(iv) We allow use of boats for fishing on Dorris Reservoir only
from April 1 through September 30.
* * * * *
(x) Tule Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on
designated areas of the refuge subject to the following conditions:
(i) In the controlled waterfowl hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older.
(ii) All hunters age 15 or younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(iii) Unless otherwise posted, we require advance reservations for
the first 2 days of the hunting season. You may obtain a reservation
through the waterfowl lottery each year.
(iv) Hunters may enter the refuge at 4:30 a.m. unless otherwise
posted.
(v) Shooting hours end at 1 p.m. on all portions of the refuge with
the following exceptions:
(A) The refuge manager may designate up to 6 afternoon special
youth, ladies, veteran, or disabled hunter waterfowl hunts per season.
(B) The refuge manager may designate up to 3 days per week of
afternoon waterfowl hunting for the general public after December 1.
(vi) You select blind sites by lottery at the beginning of each
hunt day. You may shoot only from within your assigned blind site.
(vii) We prohibit the setting of decoys in retrieving zones.
(viii) We prohibit air-thrust and inboard water-thrust boats while
hunting. We prohibit the use of all-terrain amphibious or utility-type
vehicles (UTVs) in wetland units.
(2) Upland game hunting. We allow hunting of pheasant on designated
areas of the refuge subject to the following conditions:
(i) In the controlled pheasant hunting area, we require a valid
Refuge Recreation Pass (available electronically or in person at the
refuge office) for all hunters age 16 or older.
(ii) All hunters age 15 or younger must remain in the immediate
presence of an adult (age 18 or older) at all times while in the field.
(3)-(4) [Reserved]
0
4. Amend Sec. 32.36 by redesignating paragraphs (b) and (c) as (c) and
(d), respectively; and adding a new paragraph (b).
The addition reads as follows:
Sec. 32.36 Kentucky.
* * * * *
(b) Green River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, teal, and
dove on designated areas of the refuge subject to the following
conditions:
(i) Each hunter age 12 and older must possess and carry a signed
refuge hunting brochure (FWS Form 3-2439, Hunt Application/Permit--
National Wildlife Refuge System) while hunting on the refuge.
(ii) All hunters age 15 or younger must be supervised by an adult
age 21 or older and must remain in sight of and normal voice contact
with the adult. The adult may supervise no more than two youths.
(iii) We prohibit hunting within 100 yards (91 meters) of a
residence, graveled road, or hiking trail managed by the Service as
part of Green River NWR.
(iv) We prohibit the use of trail cameras.
(v) We allow the use of boats operated only by manual power or an
electric trolling motor for hunters to access the refuge. We prohibit
the use of internal combustion motors, personal watercraft (e.g., jet
skis), airboats, and hovercraft on waters owned and managed by Green
River NWR.
(vi) We allow the use of bikes, including e-bikes, for hunters to
access the refuge along designated routes only (graveled and paved
roads, and established trails) managed by the Service as part of Green
River NWR. We prohibit the use of internal combustion motors on lands
owned and managed by Green River NWR.
(vii) We allow the use of off-road or all-terrain vehicles (e.g.,
ATVs/UTVs) only for mobility-impaired hunters who, while hunting on the
refuge, possess and carry a valid General Activities Special Use Permit
(FWS Form 3-1383-G) approved by the refuge manager.
(viii) We prohibit marking or flagging any tree or other refuge
feature with non-biodegradable reflectors, paint, flagging, or other
substances.
(ix) Access to open hunting areas of the refuge is from 2 hours
before legal sunrise to 2 hours after legal sunset.
(x) We prohibit the killing or wounding of a game animal and then
intentionally or knowingly failing to make a reasonable effort to
retrieve and include it in the hunter's bag limit.
(xi) We allow duck, goose, coot, wood duck, teal, and merganser
hunting from \1/2\ hour before legal sunrise until 12 p.m. (noon). We
allow dove hunting according to State shooting hours.
(xii) We allow the use of dogs for migratory game bird hunting. Dog
owners and handlers must have a collar on each dog with the owner's
contact information (FWS Form 3-2439).
(xiii) For migratory game bird hunting, you must remove all decoys,
blinds, and hunting equipment at the end of each day's hunt (see Sec.
27.93 of this chapter).
(xiv) For youth, seniors, and disabled hunters, as defined by the
State, the Horseshoe Bend Unit will be open to waterfowl hunting during
the months of December and January of the Statewide waterfowl season,
and during the additional Statewide veterans and youth hunt dates in
February.
(xv) We prohibit waterfowl hunting during any Statewide seasons
prior to December.
(xvi) We prohibit all entry to the Tscharner East section of the
Bluff Unit from November 1 through March 31.
(xvii) The big game quota hunt in the month of November of the
Statewide white-tailed deer season is open only to holders of a big
game quota permit (FWS Form 3-2439, Hunt Application/Permit--National
Wildlife Refuge System). During that hunt, the Tscharner West section
of the Bluff Unit and the Horseshoe Bend Unit are closed to all non-
selected hunters and the general public.
(2) [Reserved]
(3) Big game hunting. We allow only archery and crossbow hunting of
white-tailed deer and turkey on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(i), (iii) through
(x), (xvi), and (xvii) of this section apply.
(ii) Hunters age 15 and younger must be supervised by an adult age
21 or older and must remain in sight of and normal voice contact with
the adult. The adult may supervise no more than one youth.
(iii) We allow white-tailed deer and turkey hunting according to
State shooting hours.
(iv) You must use safety belts at all times when occupying tree
stands.
(v) You must remove all tree stands (portable and climbing) and
ground blinds by legal sunset of each day's hunt.
(vi) You may use no more than one stand or blind per hunter.
(vii) The big game quota permit (FWS Form 3-2439, Hunt Application/
Permit--National Wildlife Refuge System) is a limited entry permit, is
zone-specific, and is nontransferable.
(viii) During the big game quota hunt, we allow only hunters
possessing a valid big game quota permit (FWS Form
[[Page 88164]]
3-2439, Hunt Application/Permit--National Wildlife Refuge System) on
the refuge and only for the purposes of deer and turkey hunting.
(ix) For the drawn holders of a big game quota permit (FWS Form 3-
2439, Hunt Application/Permit--National Wildlife Refuge System), the
Horseshoe Bend Unit and Tscharner West section of the Bluff Unit will
be open, up to 21 days, during the month of November of the Statewide
season.
(x) For youth, seniors, and disabled hunters, as defined by the
State, the Horseshoe Bend Unit and Tscharner West section of the Bluff
Unit will be open to archery and crossbow hunting of deer and turkey
during the months of September and October in accordance with State
season dates.
(xi) For youth, as defined by the State, the Horseshoe Bend Unit
and Tscharner West section of the Bluff Unit will be open to archery
and crossbow hunting of turkey during the months of April and May in
accordance with State season dates.
(4) [Reserved]
* * * * *
0
5. Amend Sec. 32.37 by revising and republishing paragraphs (d), (e),
and (m) to read as follows:
Sec. 32.37 Louisiana.
* * * * *
(d) Bayou Teche National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, coot, gallinule, rail, snipe, dove, and woodcock on designated
areas of the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We prohibit hunting or discharge of firearms (see Sec. 27.42
of this chapter) within 500 feet (152 meters (m)) of any residence or
oil and gas infrastructure, or within 200 feet (61 m) of any road,
railroad, levee, water control structure, designated public use trail,
designated parking area, or other designated public use facility.
(iii) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
small game and migratory game bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times. Adult guardians are
responsible for ensuring that youth hunters do not violate refuge
rules.
(iv) We require waterfowl and gallinule hunters to remove all
portable blinds and decoys from the refuge by 2 p.m. each day (see
Sec. Sec. 27.93 and 27.94 of this chapter).
(v) Migratory bird hunters are only allowed to enter the refuge
after 4 a.m.
(vi) We allow waterfowl hunting daily until 2 p.m. during the State
regular season, State teal season, and State youth and veteran
waterfowl seasons. We allow gallinule, snipe, and rail hunting until 2
p.m.
(vii) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve game.
(viii) We allow only the use of reflective tacks as marking
devices.
(ix) We only allow the incidental take of nutria with approved shot
and weapons during any open waterfowl season on the refuge. We allow
the incidental take of raccoon, feral hog, armadillo, opossum, and
coyote with approved shot and weapons during any open season on the
refuge.
(2) Upland game hunting. We allow hunting of squirrel and rabbit,
and the incidental take of nutria, coyote, raccoon, armadillo, and
opossum, on designated areas of the refuge subject to the following
conditions:
(i) We only allow hunting from the start of the State squirrel and
rabbit seasons until the last day of State waterfowl season for the
State Waterfowl Zone in which you are hunting.
(ii) We prohibit upland game hunting on days corresponding with
refuge deer gun hunts.
(iii) Hunters must leave the refuge no later than 2 hours after
legal sunset.
(iv) When hunting, you must possess only shot size 4 or smaller or
0.22 caliber rimfire rifles or smaller. We allow the use of air rifles.
(v) The conditions set forth at paragraphs (d)(1)(i) through (iii),
(viii), and (ix) of this section apply.
(vi) The conditions set forth at paragraphs (d)(2)(i) through (iv)
of this section do not apply to upland game hunting on the Mitigation
Units.
(3) Big game hunting. We allow the hunting of white-tailed deer,
and the incidental take of feral hog, on designated areas of the refuge
subject to the following conditions:
(i) We allow hunting of deer only with firearms (see Sec. 27.42 of
this chapter) during 5 specific days during October and November. A
youth gun hunt will occur during the last weekend of October, on both
Saturday and Sunday. The general gun hunt will occur during the final
full weekend in November over 3 days: the Friday immediately before the
weekend, Saturday, and Sunday.
(ii) We allow archery deer hunting according to the State of
Louisiana archery season. We close refuge archery hunting during refuge
deer gun hunts.
(iii) We allow each hunter to possess only one deer per day; the
deer may be a buck or a doe.
(iv) Hunters may use only portable deer stands. Hunters may erect
deer stands no earlier than 48 hours before the deer archery season and
must remove them from the refuge within 48 hours after the season
closes (see Sec. 27.93 of this chapter). Hunters may place only one
deer stand on the refuge. Deer stands must have the owner's State
hunting license/sportsman's identification number clearly printed on
the stand.
(v) The conditions set forth at paragraphs (d)(1)(i) through (iii),
(viii), and (ix), and (d)(2)(iii) of this section apply.
(vi) The condition set forth at paragraph (d)(3)(i) of this section
does not apply to big game hunting on the Mitigation Units.
(vii) We prohibit the use of deer decoys.
(viii) We prohibit organized deer drives. We define a ``deer
drive'' as an organized or planned effort to pursue, drive, chase, or
otherwise frighten or cause deer to move in the direction of any
person(s) who is part of the organized or planned hunt and known to be
waiting for the deer.
(ix) Deer hunters must display State Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as governed by State WMA regulations).
(4) Sport fishing. We allow sport fishing in all refuge waters
subject to the following conditions:
(i) We prohibit the use of unattended nets, traps, or lines (trot,
jug, bush, etc.).
(ii) The condition set forth at paragraph (d)(1)(i) of this section
applies.
(iii) The refuge is only open to recreational finfishing and
shellfishing from legal sunrise to legal sunset.
(e) Big Branch Marsh National Wildlife Refuge--
(1) Migratory game bird hunting. We allow hunting of duck,
merganser, teal, coot, light and dark goose, snipe, rail, gallinule,
dove, and woodcock on designated areas of the refuge subject to the
following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We allow waterfowl, snipe, rail, gallinule, dove, and goose
hunting on Wednesdays, Thursdays, Saturdays, and Sundays from \1/2\
hour before legal sunrise until 2 p.m., including waterfowl hunting
during the State teal season and State youth and veterans
[[Page 88165]]
waterfowl seasons. We only allow hunting of woodcock until 2 p.m.
(iii) We allow light goose hunting for that part of the season that
extends beyond the regular duck season from \1/2\ hour before legal
sunrise until 2 p.m.
(iv) We allow only temporary blinds, and hunters must remove blinds
and decoys by 2 p.m. each day (see Sec. 27.93 of this chapter).
(v) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
small game hunts and migratory bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times. Adult guardians are
responsible for ensuring that youth hunters do not violate refuge
rules.
(vi) We prohibit hunting or discharge of firearms (see Sec. 27.42
of this chapter) within 500 feet (152 meters (m)) of any residence
adjacent to the refuge or oil and gas infrastructure on the refuge, or
within 200 feet (61 m) from the center of any road, railroad, levee,
water control structure, designated public use maintained trail,
designated parking area, or other designated public use facility.
(vii) We allow migratory bird hunters to enter the refuge no
earlier than 4 a.m., and all hunters must exit the refuge no later than
2 hours after legal sunset.
(viii) We allow only reflective tacks as trail markers on the
refuge.
(ix) We allow the incidental take of raccoon, feral hog, armadillo,
opossum, and coyote with approved shot and weapons allowed during any
open season on the refuge.
(x) We only allow the incidental take of nutria with approved shot
and weapons during any open waterfowl (duck, teal, merganser, light and
dark goose, and coot) season on the refuge.
(xi) We prohibit hunters and anglers from utilizing air boats, air
thrust boats, mud boats, aircraft, and air-cooled propulsion engines on
the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit, and
quail, and the incidental take of nutria, coyote, raccoon, armadillo,
and opossum, on designated areas of the refuge subject to the following
conditions:
(i) When hunting, you must possess only shot size 4 or smaller, or
0.22 caliber rim-fire rifles or smaller. We allow the use of air
rifles.
(ii) When hunting squirrel and rabbit, and for the incidental take
of raccoon, we allow the use of dogs only after the close of the State
archery deer season. When hunting quail, you may only use dogs to
locate, point, and retrieve.
(iii) The conditions set forth at paragraphs (e)(1)(i), (v), (vi),
and (viii) through (xi) of this section apply.
(iv) During the dog season for squirrel and rabbit, all hunters,
including archers (while on the ground), except waterfowl hunters, must
wear a minimum of a cap or hat that is hunter orange, blaze pink, or
other such color as governed by State regulations.
(v) We only allow hunting of quail until 2 p.m.
(3) Big game hunting. We allow hunting of white-tailed deer, and
the incidental take of feral hog, on designated areas of the refuge
subject to the following conditions:
(i) We are open only during the State season for archery hunting of
deer.
(ii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(iii) We allow placement of temporary deer stands no earlier than
48 hours prior to the start of deer archery season. Hunters must remove
all deer stands within 48 hours after the archery deer season closes
(see Sec. 27.93 of this chapter). We allow only one deer stand per
hunter on the refuge. Deer stands must have the owner's State license/
sportsmen's identification number clearly printed on the stand. We
prohibit hunting stands on trees painted with white bands.
(iv) Deer hunters must display State Wildlife Management Area (WMA)
hunter-orange or blaze-pink (as governed by State WMA regulations)
while on the ground.
(v) The conditions set forth at paragraphs (e)(1)(i), (v), (vi),
and (viii) through (xi) of this section apply.
(vi) We prohibit the use of deer decoys.
(4) Sport fishing. We allow recreational finfishing and
shellfishing on designated areas of the refuge subject to the following
conditions:
(i) You may only fish from legal sunrise until legal sunset, except
we allow night fishing from the bank and pier on Lake Road.
(ii) You must only use rod and reel or pole and line while
finfishing.
(iii) You must attend to any fishing, crabbing, and crawfishing
equipment at all times.
(iv) The conditions set forth at paragraphs (e)(1)(i) and (xi) of
this section apply.
* * * * *
(m) Delta National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, teal, light and dark
goose, dove, snipe, rail, gallinule, and coot on designated areas of
the refuge subject to the following conditions:
(i) Each person age 18 and older must possess and carry a valid,
signed refuge user brochure while on the refuge.
(ii) We allow migratory bird hunting on Wednesdays, Thursdays,
Saturdays, and Sundays from \1/2\ hour before legal sunrise until 2
p.m. during the State seasons, including the regular waterfowl season,
the State teal season, State youth waterfowl season, State veterans
waterfowl season, and State light goose special conservation season.
(iii) We only allow temporary blinds. You must remove both blinds
and decoys by 2 p.m. each day (see Sec. 27.93 of this chapter).
(iv) When hunting migratory game birds, you may only use dogs to
locate, point, and retrieve game.
(v) We prohibit discharge of firearms (see Sec. 27.42 of this
chapter) within 500 feet (152 meters (m)) of any residence or oil and
gas infrastructure, or within 200 feet (61 m) of any road, railroad,
levee, water control structure, designated public use trail, designated
parking area, or other designated public use facilities.
(vi) All youth hunters age 15 and younger must be supervised by an
adult during all hunts. One adult may supervise up to two youths during
upland game and migratory game bird hunts, but may supervise only one
youth during big game hunts. The supervising adult must maintain visual
and voice contact with the youth at all times.
(vii) Migratory bird hunters may enter the refuge no earlier than 4
a.m., and all hunters must exit the refuge no later than 2 hours after
legal sunset.
(viii) We allow the incidental take of raccoon, feral hog,
armadillo, opossum, and coyote with approved shot and weapons allowed
during any open season on the refuge.
(ix) We only allow the incidental take of nutria with approved shot
and weapons during any open waterfowl season on the refuge.
(x) We allow only the use of reflective tacks as marking devices.
(xi) We close all refuge lands between Raphael Pass and Main Pass
to public entry, including hunting and fishing, from November 1 through
the end of February; year-round access is only allowed in Main,
Raphael, Octave, Women, and Flatboat passes.
(xii) We prohibit hunters and anglers from utilizing air boats, air
thrust boats, mud boats, aircraft, and air-cooled propulsion engines on
the refuge.
[[Page 88166]]
(2) Upland game hunting. We allow hunting of rabbit, and the
incidental take of nutria, coyote, raccoon, armadillo, and opossum, on
designated areas of the refuge subject to the following conditions:
(i) The refuge rabbit season opens the day after the State duck
season closes and continues through the remainder of the State rabbit
season.
(ii) We restrict hunting to shotgun only.
(iii) We allow the use of dogs when rabbit hunting.
(iv) We prohibit upland game hunting on days corresponding with
refuge deer gun hunts.
(v) The conditions set forth at paragraphs (m)(1)(i), (v) through
(viii), (xi), and (xii) of this section apply.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (m)(1)(i) and (v)
through (xii) of this section apply.
(ii) We allow archery deer hunting, bucks only, from October 1
through 15. We allow either-sex archery deer hunting from October 16
through 31, and from the day after the close of the State duck season
through the end of the State deer archery season.
(iii) We allow placement of temporary deer stands up to 48 hours
prior to the start of deer archery season. Hunters must remove all deer
stands within 48 hours after the archery deer season closes (see Sec.
27.93 of this chapter). We allow only one deer stand per hunter on the
refuge. Deer stands must have the owner's State license/sportsmen's
identification number clearly printed on the stand.
(iv) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(v) We prohibit the use of deer decoys.
(vi) We allow shotgun hunting of deer on the Saturday and Sunday
during the first split of the regular waterfowl season.
(vii) Deer hunters must display State Wildlife Management Area
(WMA) hunter-orange or blaze-pink (as governed by State WMA
regulations).
(4) Sport fishing. We allow recreational finfishing and
shellfishing on designated areas of the refuge subject to the following
conditions:
(i) We only allow sport finfishing and shellfishing from \1/2\ hour
before legal sunrise until \1/2\ hour after legal sunset. During the
State waterfowl hunting seasons, we only allow sport finfishing and
shellfishing from 2 p.m. until \1/2\ hour after legal sunset.
(ii) We prohibit the use of trotlines, limblines, slat traps, jug
lines, nets, or alligator lines.
(iii) The conditions set forth at paragraphs (m)(1)(i), (xi), and
(xii) of this section apply.
* * * * *
0
6. Amend Sec. 32.41 by revising and republishing paragraph (f) to read
as follows:
Sec. 32.41 Michigan.
* * * * *
(f) Shiawassee National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of waterfowl (duck and goose), American
woodcock, American crow, American coot, common gallinule, sora,
Virginia rail, and Wilson's snipe on designated areas of the refuge
subject to the following conditions:
(i) You must possess and carry a refuge check-in card (FWS Form 3-
2405, Self-Clearing Check-in Permit).
(ii) We allow waterfowl hunting on Saturdays, Sundays, Tuesdays,
and Thursdays during the regular goose season after September 30.
(iii) We allow hunter access to the refuge 2 hours before legal
shooting time to 2 hours after legal shooting time.
(iv) You may possess no more than 25 shotgun shells while hunting
in the field.
(v) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(vi) We allow the take of feral hogs incidental to other lawful
hunting using legal methods of take.
(2) Upland game hunting. We allow hunting of turkey, small game
(eastern fox squirrel, eastern cottontail, and ring-necked pheasant),
and furbearers (raccoon, coyote, and red fox) on designated areas of
the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(iii) and (vi) of
this section apply, except we allow hunter access to the refuge for
furbearer hunting from \1/2\ hour before legal sunrise to \1/2\ hour
after legal sunset.
(ii) You may only hunt turkey during the spring season.
(iii) We allow dogs for hunting. Raccoon hunting dogs must wear
global positioning system (GPS) or radio collars.
(3) Big game hunting. We allow hunting of white-tailed deer on
designated areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (f)(1)(iii) and (vi) of
this section apply.
(ii) You must possess and carry a refuge permit (State-issued
permit).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow fishing by boat in navigable waterways but not within
any managed refuge units.
(ii) We allow bank fishing from legal sunrise to legal sunset only
at designated sites along the Tittabawassee and Cass Rivers.
0
7. Amend Sec. 32.42 by revising and republishing paragraph (a) to read
as follows:
Sec. 32.42 Minnesota.
* * * * *
(a) Agassiz National Wildlife Refuge--(1) Migratory game bird
hunting. We allow youth waterfowl hunting on designated areas of the
refuge subject to the following conditions:
(i) We allow the use of dogs while hunting, provided the dog is
under the immediate control of the hunter at all times.
(ii) Hunters must dismantle hunting blinds, platforms, and ladders
made from natural vegetation at the end of each day.
(iii) You must remove all boats, decoys, blind materials, stands,
platforms, cameras, and other personal property brought onto the refuge
at the end of each day (see Sec. Sec. 27.93 and 27.94 of this
chapter).
(iv) We close the refuge from 7 p.m. to 5:30 a.m.
(v) We allow the use of motorless boats for hunting.
(vi) We only allow waterfowl hunting during the State's youth
waterfowl season.
(2) Upland game hunting. We allow hunting of ruffed grouse and
sharp-tailed grouse on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i) through (v) of
this section apply.
(ii) We only allow hunting from the opening of the State's deer
firearms season to the close of the State's ruffed grouse and sharp-
tailed grouse seasons, respectively.
(3) Big game hunting. We allow hunting of white-tailed deer and
moose on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv), and (v)
of this section apply.
[[Page 88167]]
(ii) We prohibit shooting on, from, over, across, or within 30 feet
(9 meters) of a roadway open to motorized public vehicle transportation
at a big game animal or a decoy of a big game animal.
(iii) We only allow archery hunting from the start of the State's
deer firearms season, and close as governed by the State's archery deer
season.
(iv) You must remove all boats, decoys, cameras, and other personal
property brought onto the refuge at the end of each day (see Sec. Sec.
27.93 and 27.94 of this chapter).
(v) We allow only portable tree stands; portable, elevated hunting
platforms not attached to trees; and portable ground blinds that can be
hand-carried into the hunting area.
(vi) You may place your tree stand(s), elevated platform(s), and/or
ground blind(s) on the refuge only during your designated licensed
season. You must remove these stands/blinds by the end of your
designated licensed season (see Sec. 27.93 of this chapter).
Unoccupied stands/blinds may be used by anyone.
(vii) We allow only two stands/blinds per hunter on the refuge. You
must clearly label the stands/blinds with your State hunting license
number.
(viii) We prohibit the use of nails, wire, screws, or bolts to
attach a stand to a tree.
(ix) We prohibit hunting from a tree into which a metal object has
been driven to support a hunter.
(4) [Reserved]
* * * * *
0
8. Amend Sec. 32.45 by revising and republishing paragraph (o) to read
as follows:
Sec. 32.45 Montana.
* * * * *
(o) Lost Trail National Wildlife Refuge--(1) [Reserved]
(2) Upland game hunting. We allow hunting of turkey and mountain
grouse on designated areas of the refuge subject to the following
conditions:
(i) We allow use of riding or pack stock on designated access
routes through the refuge to access off-refuge lands as identified in
the public use leaflet.
(ii) We prohibit retrieval of game in areas closed to hunting
without a refuge retrieval permit.
(iii) We allow portable or temporary blinds and tree stands.
(iv) You may only use or possess nontoxic shot shells while in the
field (see Sec. 32.2(k)).
(3) Big game hunting. We allow hunting of elk, white-tailed deer,
and mule deer on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (o)(2)(i) through (iii)
of this section apply.
(ii) Persons assisting disabled hunters must not be afield with a
hunting firearm, bow, or other hunting device.
(4) [Reserved]
* * * * *
0
9. Amend Sec. 32.46 by revising and republishing paragraph (c) to read
as follows:
Sec. 32.46 Nebraska.
* * * * *
(c) Fort Niobrara National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of coot, crow, dark goose, dove, duck, light
goose, rail, snipe, teal, and woodcock on designated areas of the
refuge subject to the following conditions:
(i) Hunters and anglers may access the refuge from 2 hours before
legal sunrise until 2 hours after legal sunset.
(ii) We allow access from designated areas of the refuge.
(iii) You must remove all blinds and decoys at the conclusion of
each day's hunt (see Sec. 27.93 of this chapter).
(iv) We allow the use of dogs when hunting August 1 through April
30.
(2) Upland game hunting. We allow hunting of badger, bobcat,
coyote, fox, long-tailed weasel, mink, opossum, prairie dog, porcupine,
rabbit, hare, raccoon, skunk, squirrel, woodchuck, State-defined
furbearers, greater prairie chicken, grouse, partridge, pheasant,
quail, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), and
(iv) of this section apply.
(ii) We allow hunting with muzzleloader, archery, shotgun, and
falconry.
(iii) You may only possess nontoxic shot when hunting turkey (see
Sec. 32.2(k)).
(iv) Shooting hours for coyote, prairie dog, porcupine, woodchuck,
and State-defined furbearers are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
(3) Big game hunting. We allow hunting of deer, elk, and pronghorn
antelope on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) We allow hunting only with muzzleloader and archery equipment.
(iii) We allow portable tree stands and ground blinds to be used
from August 16 through January 31.
(4) Sport fishing. We allow fishing on Minnechaduza Creek and on
the Niobrara River, downstream from the Cornell Dam, subject to the
following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of
this section apply.
(ii) We prohibit the use of limb or set lines.
(iii) We prohibit the take of baitfish, reptiles, and amphibians.
(iv) We prohibit use or possession of alcoholic beverages while
fishing on refuge lands and waters.
* * * * *
0
10. Amend Sec. 32.53 by revising and republishing paragraphs (q), (w),
(oo), and (kkk) to read as follows:
Sec. 32.53 North Dakota.
* * * * *
(q) Des Lacs National Wildlife Refuge--(1) [Reserved]
(2) Upland game hunting. We allow hunting of fox, sharp-tailed
grouse, Hungarian partridge, turkey, and ring-necked pheasant on
designated areas of the refuge subject to the following conditions:
(i) We open for upland game bird hunting on the day following the
close of the regular deer gun season through the end of the State
season.
(ii) We allow the use of hunting dogs for retrieval of upland game.
(iii) We allow fox hunting from the day following the regular
firearm deer season until March 31.
(iv) We prohibit accessing refuge lands from refuge waters.
(3) Big game hunting. We allow deer, elk, and moose hunting on
designated areas of the refuge subject to the following conditions:
(i) We only allow the use of portable tree stands and ground
blinds. We prohibit leaving stands and blinds overnight on the refuge
(see Sec. 27.93 of this chapter).
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons.
(iii) The condition set forth at paragraph (q)(2)(iv) of this
section applies.
(iv) You may only possess nontoxic ammunition when hunting elk (see
Sec. 32.2(k)).
(4) [Reserved]
* * * * *
(w) J. Clark Salyer National Wildlife Refuge--(1) Migratory game
bird hunting. We allow hunting of goose, duck, and coot on designated
areas of the refuge subject to the following condition: We allow the
use of dogs for hunting and retrieving game birds.
[[Page 88168]]
(2) Upland game hunting. We allow hunting of ruffed and sharp-
tailed grouse, Hungarian partridge, turkey, ring-necked pheasant, and
fox on designated areas of the refuge subject to the following
conditions:
(i) We open the refuge to hunting for sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant north of the Willow-Upham
road on the day following the close of the regular firearm deer season.
(ii) We open the refuge to fox hunting on the day following the
close of the regular firearm deer season. Fox hunting on the refuge
closes March 31.
(iii) Hunters may possess only approved nontoxic shot (see Sec.
32.2(k)) for all upland game hunting, including turkey.
(3) Big game hunting. We allow hunting of deer, elk, and moose on
designated areas of the refuge subject to the following conditions:
(i) You must possess and carry a refuge permit to hunt antlered
deer on the refuge outside the nine public hunting areas during the
regular firearms season.
(ii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons. You may access refuge roads open to the public before 12 p.m.
(noon).
(iii) You may only possess nontoxic ammunition when hunting elk
(see Sec. 32.2(k)).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow boat fishing from May 1 through September 30.
(ii) We allow ice fishing and dark house spearfishing. We allow
snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles
(UTVs), motor vehicles, and fish houses on the ice as conditions allow.
* * * * *
(oo) Lostwood National Wildlife Refuge--(1) [Reserved]
(2) Upland game hunting. We allow hunting of sharp-tailed grouse,
Hungarian partridge, and ring-necked pheasant on designated areas of
the refuge subject to the following condition: We allow the use of dogs
to retrieve upland game.
(3) Big game hunting. We allow deer, elk, and moose hunting on
designated areas of the refuge subject to the following conditions:
(i) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective archery, gun, or muzzleloader deer hunting
season.
(ii) You may only possess nontoxic ammunition when hunting elk (see
Sec. 32.2(k)).
(4) [Reserved]
* * * * *
(kkk) Upper Souris National Wildlife Refuge--(1) [Reserved]
(2) Upland game hunting. We allow hunting of wild turkey, sharp-
tailed grouse, Hungarian partridge, and pheasant on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of dogs for hunting and retrieving of upland
game birds.
(ii) We allow hunters on the refuge from 5 a.m. until 10 p.m.
(3) Big game hunting. We allow deer, elk, and moose hunting on
designated areas of the refuge subject to the following conditions:
(i) We only allow the use of portable tree stands and ground
blinds. You must remove stands and blinds from the refuge at the end of
each day's hunt (see Sec. 27.93 of this chapter).
(ii) The condition set forth at paragraph (kkk)(2)(ii) of this
section applies.
(iii) We prohibit entry to the refuge before 12 p.m. (noon) on the
first day of the respective bow, gun, or muzzleloader deer hunting
seasons.
(iv) You may only possess nontoxic ammunition when hunting elk (see
Sec. 32.2(k)).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following conditions:
(i) We allow the use of fishing boats, canoes, kayaks, and float
tubes in designated boat fishing areas from Lake Darling Dam north to
State Highway 28 (Greene) crossing for fishing from May 1 through
September 30.
(ii) We allow fishing from nonmotorized vessels only on the Beaver
Lodge Canoe Trail from May 1 through September 30.
(iii) We allow boating and fishing from vessels on the Souris River
from Mouse River Park to the north boundary of the refuge from May 1
through September 30.
(iv) We allow snowmobiles, all-terrain vehicles (ATVs), utility
terrain vehicles (UTVs), motor vehicles, and fish houses on the ice as
conditions allow from Lake Darling Dam north to Carter Dam (Dam 41) for
ice fishing.
(v) We allow you to place fish houses overnight on the ice of Lake
Darling as governed by State regulations.
(vi) We allow anglers to place portable fish houses on the Souris
River north of Carter Dam (Dam 41) and south of Lake Darling Dam for
ice fishing, but anglers must remove the fish houses from the refuge at
the end of each day's fishing activity (see Sec. 27.93 of this
chapter).
(vii) We allow anglers on the refuge from 5 a.m. until 10 p.m.
* * * * *
0
11. Amend Sec. 32.62 by revising and republishing paragraph (p) to
read as follows:
Sec. 32.62 Texas.
* * * * *
(p) Trinity River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, merganser, and coot on designated
areas of the refuge subject to the following conditions:
(i) We only allow hunting on Champion Lake with a refuge-issued
permit (signed hunt brochure).
(ii) We only allow hunting on Champion Lake on Saturdays and
Sundays during the State duck season. Hunters may not enter the refuge
until 4:30 a.m. and must be out of the hunt area by 12 p.m. (noon).
(iii) We allow the use of dogs when retrieving game.
(iv) Hunters age 16 and younger must be under the direct
supervision of an adult age 17 or older.
(v) We require a minimum distance between hunt parties of 150 yards
(135 meters).
(vi) We allow motors of 10 horsepower or less on Champion Lake.
(2) Upland game hunting. We allow hunting for squirrel, and
incidental take of rabbit, on designated areas of the refuge subject to
the following conditions:
(i) We require hunters to possess a permit issued by Texas Parks
and Wildlife Department (TPWD). Permits are issued by a lottery
drawing. The hunter must carry the nontransferable permit at all times
while hunting.
(ii) The condition set forth at paragraph (p)(1)(iii) of this
section applies.
(iii) We allow all-terrain vehicle use for hunters with
disabilities in designated units.
(iv) We require a minimum distance between hunt parties of 200
yards (180 meters).
(v) Hunters may enter the refuge no earlier than 4:30 a.m. We allow
hunting from 30 minutes before legal sunrise to 30 minutes after legal
sunset only during the days specified on the permit. Hunters must be
off the refuge 1\1/2\ hours after legal sunset.
(vi) Hunters may place no more than one temporary stand on the
refuge. Hunters may place the stand during the scouting week before the
hunt begins
[[Page 88169]]
and must remove it the day the hunt ends (see Sec. 27.93 of this
chapter). Hunters must label blinds with the name of the permit holder.
(3) Big game hunting. We allow hunting of white-tailed deer, and
incidental take of feral hog, on designated areas of the refuge subject
to the following conditions:
(i) We require hunters to possess a TPWD-issued permit. Permits are
issued by a lottery drawing. The hunter must carry the nontransferable
permit at all times while hunting.
(ii) The conditions set forth at paragraphs (p)(1)(iii) and
(p)(2)(iii) through (vi) of this section apply.
(iii) We allow archery hunting of white-tailed deer during the
refuge designated 23-day archery season.
(iv) We allow gun hunting of white-tailed deer during the State-
designated general gun season in two 9-day ``mini-seasons'' and during
the State-designated muzzleloader season.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We only allow fishing with pole and line, rod and reel, or
hand-held line.
(ii) We prohibit the use of trotlines, setlines, bows and arrows,
gigs, spears, fish traps, crab/crawfish traps, and/or nets.
(iii) We prohibit the harvesting of frog or turtle (see Sec. 27.21
of this chapter).
(iv) We allow fishing from legal sunrise to legal sunset.
0
12. Amend Sec. 32.66 by revising and republishing paragraph (c) to
read as follows:
Sec. 32.66 Washington.
* * * * *
(c) Conboy Lake National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, and snipe on designated
areas of the refuge subject to the following conditions:
(i) We prohibit discharge of any firearm within \1/4\ mile (396
meters) of any maintained building or Federal facility, such as, but
not limited to, a structure designed for storage, human occupancy, or
shelter for animals.
(ii) Hunters must remove all decoys and other equipment at the end
of each day's hunt (see Sec. 27.93 of this chapter).
(2)-(4) [Reserved]
* * * * *
0
13. Amend Sec. 32.67 by revising and republishing paragraph (a) to
read as follows:
Sec. 32.67 West Virginia.
* * * * *
(a) Canaan Valley National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, rail, coot, gallinule,
mourning dove, snipe, and woodcock on designated areas of the refuge
subject to the following conditions:
(i) We require each hunter to possess and carry a signed refuge
hunting brochure (signed brochure).
(ii) Hunters may enter the refuge 1 hour before legal sunrise and
must exit the refuge, including parking areas, no later than 1 hour
after legal sunset.
(iii) We prohibit overnight parking except by Special Use Permit
(FWS Form 3-1383-G) on Forest Road 80.
(iv) We allow the use of dogs consistent with State regulations.
(v) We prohibit dog training except during legal hunting seasons.
(vi) You may only use or possess approved lead-free shot shells and
ammunition while in the Big Cove Unit (see Sec. 32.2(k)).
(2) Upland game hunting. We allow the hunting of ruffed grouse,
squirrel, cottontail rabbit, snowshoe hare, red fox, gray fox, bobcat,
woodchuck, coyote, opossum, striped skunk, and raccoon on designated
areas of the refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv), (v),
and (vi) of this section apply.
(ii) You may hunt coyote, raccoon, opossum, skunk, and fox at
night, but you must obtain a Special Use Permit (FWS Form 3-1383-G) at
the refuge headquarters before hunting.
(iii) We only allow hunting in the No Rifle Zones with the
following equipment: archery (including crossbow), shotgun, or
muzzleloader.
(iv) We prohibit the hunting of upland game species from March 1
through August 31.
(3) Big game hunting. We allow the hunting of white-tailed deer,
black bear, and turkey on designated areas of the refuge subject to the
following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (iv), (vi),
and (a)(2)(iii) of this section apply.
(ii) We allow the use of dogs for hunting black bear during the gun
season.
(iii) We prohibit organized deer drives. We define a ``deer drive''
as an organized or planned effort to pursue, drive, chase, or otherwise
frighten or cause deer to move in the direction of any person(s) who is
part of the organized or planned hunt and known to be waiting for the
deer.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: We prohibit the use of
lead fishing tackle on designated areas of the refuge.
* * * * *
0
14. Amend Sec. 32.68 by revising and republishing paragraph (d) to
read as follows:
Sec. 32.68 Wisconsin.
* * * * *
(d) Horicon National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of goose, duck, coot, common moorhen, and
American woodcock on designated areas of the refuge subject to the
following condition: We allow only participants in the Learn to Hunt
and other special programs to hunt goose, duck, coot, and common
moorhen.
(2) Upland game hunting. We allow hunting of wild turkey, ring-
necked pheasant, gray partridge, ruffed grouse, squirrel, cottontail
rabbit, snowshoe hare, raccoon, opossum, striped skunk, red fox, gray
fox, coyote, and bobcat on designated areas of the refuge subject to
the following conditions:
(i) For hunting, you may use or possess only approved nontoxic shot
shells while in the field, including shot shells used for hunting wild
turkey (see Sec. 32.2(k)).
(ii) We prohibit night hunting of upland game from 30 minutes after
legal sunset until 30 minutes before legal sunrise the following day.
(iii) We allow the use of dogs while hunting upland game (except
raccoon, opossum, striped skunk, red fox, gray fox, coyote, and
bobcat), provided the dog is under the immediate control of the hunter
at all times.
(iv) Coyote, red fox, gray fox, and bobcat hunting begins on the
first day of the traditional 9-day gun deer season.
(v) Coyote hunting ends on the last day of the season for fox.
(vi) You may only hunt striped skunk and opossum during the season
for raccoon.
(vii) You may only hunt snowshoe hare during the season for
cottontail rabbit.
(viii) Hunters may enter the refuge no earlier than 2 hours before
legal shooting hours and must exit the refuge no later than 2 hours
after legal shooting hours.
(3) Big game hunting. We allow hunting of white-tailed deer and
black bear in designated areas of the refuge subject to the following
conditions:
(i) You must remove all boats, decoys, game cameras, blinds, blind
materials, stands, platforms, and other personal equipment brought onto
the refuge at the end of each day's hunt (see Sec. 27.93
[[Page 88170]]
of this chapter). We prohibit hunting from any stand left up overnight.
(ii) We prohibit hunting bear with dogs.
(iii) Hunters must possess a refuge permit (FWS Form 3-2439, Hunt
Application/Permit--National Wildlife Refuge System) to hunt in Area E
(surrounding the office/visitor center).
(iv) The condition set forth at paragraph (d)(2)(viii) applies.
(v) Any ground blind used during any gun deer season must display
at least 144 square inches (929 square centimeters) of solid-blaze-
orange or fluorescent pink material visible from all directions.
(4) Sport fishing. We allow fishing on designated areas of the
refuge subject to the following conditions:
(i) We only allow bank fishing or fishing through the ice.
(ii) We prohibit the use of fishing weights or lures containing
lead.
(iii) We prohibit the taking of any mussel (clam), crayfish, frog,
leech, or turtle species by any method on the refuge (see Sec. 27.21
of this chapter).
(iv) We allow fishing in designated areas from legal sunrise to
legal sunset each day.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-25905 Filed 11-6-24; 8:45 am]
BILLING CODE 4333-15-P
</pre></body>
</html>Indexed from Federal Register on November 7, 2024.
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