Rule2026-00734
Rescission of Regulations Regarding Public Access, Use, and Recreation for Four National Wildlife Refuges
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Published
January 15, 2026
Effective
March 16, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
This direct final rule removes certain regulations related to enforcement of various activities on Havasu National Wildlife Refuge, Pond Creek National Wildlife Refuge, St. Vincent National Wildlife Refuge, and Upper Mississippi River National Wildlife and Fish Refuge. Specifically, the rescinded regulations relate to activities such as use of fireworks, damaging vegetation, dogs that disturb wildlife or habitat, use of firearms and other weapons, littering, alcohol use, and boat speed. These regulations are redundant and therefore can be rescinded without adverse impact.
Full Text
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<title>Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026)</title>
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[Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)]
[Rules and Regulations]
[Pages 1718-1721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00734]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 26
[Docket No. FWS-HQ-NWRS-2025-0083; FXRS12610900000-256-FF09R00000]
RIN 1018-BI79
Rescission of Regulations Regarding Public Access, Use, and
Recreation for Four National Wildlife Refuges
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule removes certain regulations related to
enforcement of various activities on Havasu National Wildlife Refuge,
Pond Creek National Wildlife Refuge, St. Vincent National Wildlife
Refuge, and Upper Mississippi River National Wildlife and Fish Refuge.
Specifically, the rescinded regulations relate to activities such as
use of fireworks, damaging vegetation, dogs that disturb wildlife or
habitat, use of firearms and other weapons, littering, alcohol use, and
boat speed. These regulations are redundant and therefore can be
rescinded without adverse impact.
DATES: This final rule is effective on March 16, 2026, without further
action, unless significant adverse comments are received by February
17, 2026. If significant adverse comments are received, we will publish
a notification in the Federal Register before the effective date either
withdrawing the rule or issuing a new final rule that responds to any
significant adverse comments.
ADDRESSES: You may submit comments by one of the following methods:
Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-HQ-NWRS-2025-0083,
which is the docket number for this rulemaking. Then, click the Search
button. In the Search panel on the left side of the screen, under the
Document Type heading, click on the box next to Rule to locate this
document. You may submit a comment by clicking on ``Comment.''
By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-HQ-NWRS-2025-0083, U.S. Fish and
Wildlife Service, MS: PRB (JAO/3W); 5275 Leesburg Pike, Falls Church,
VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Cynthia Martinez, Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service,
<a href="/cdn-cgi/l/email-protection#4122382f352928201e2c203335282f243b012736326f262e37"><span class="__cf_email__" data-cfemail="294a50475d4140487644485b5d40474c53694f5e5a074e465f">[email protected]</span></a>, (202) 208-4889. Individuals in the United
States who are deaf, blind, 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: The regulations contained in 50 CFR part 26
govern the circumstances under which the public can enter and use a
national wildlife refuge. This rule will rescind redundant and
therefore unnecessary regulations contained within 50 CFR part 26.34,
special regulations concerning public access, use, and recreation for
individual national wildlife refuges. The streamlining of these
identified regulations will create consistency across National Wildlife
Refuges and reduce confusion to the public due to the variance in
wording of the regulations in multiple locations. Currently, a member
of the public could be fined two different fine amounts for the same
offense depending on which regulation is cited for the offense. As
provided below, the identified sections will be revised and
redesignated by removing redundant sections. The rescinded regulations
relate to activities such as use of fireworks, damaging vegetation,
dogs that disturb wildlife or habitat, use of firearms and other
weapons, littering, alcohol use, and boat speed within Havasu National
Wildlife Refuge, Pond Creek National Wildlife Refuge, St. Vincent
National Wildlife Refuge, and Upper Mississippi River National Wildlife
and Fish Refuge. The removal of these regulations is not anticipated to
be controversial because they are redundant. Additionally, these
revisions will not inhibit the U.S. Fish and Wildlife Service from
successfully fulfilling its statutory mandate to manage these Refuges
for the purposes for which they were established or managing each
Refuge to fulfill the mission of the National Wildlife Refuge System.
Table 1, below, summarizes the regulations to be removed from 50 CFR
26.34.
Table 1--Summary of Deregulation Actions
------------------------------------------------------------------------
Summary of
Regulation for removal current Summary of
regulation deregulation action
------------------------------------------------------------------------
50 CFR 26.34(b)(2)(iii)(B) Limits watercraft The Service adopts
(Havasu National Wildlife speed as Arizona State
Refuge, Arizona). indicated by regulations
signs or governing boating
regulatory buoys and the operation
to no wake (as and use of boats per
governed by 50 CFR
State law) in 27.32(b)(1)(ii).
all backwaters. Enforcement of
boating restrictions
at Havasu National
Wildlife Refuge will
continue to follow
State regulations.
The Service-specific
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
State regulations.
50 CFR 26.34(c)(7)(vi) (Pond Prohibits The possession or use
Creek National Wildlife possession or of fireworks is
Refuge, Arkansas). use of fireworks. prohibited on all
Service lands per 50
CFR 27.41. The
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
50 CFR 26.34(h)(7)(ii) (St. Prohibits the use The possession or use
Vincent National Wildlife or possession of of alcoholic
Refuge, Florida). alcoholic beverages while
beverages during hunting is
the refuge hunt prohibited on all
period. Service lands per 50
CFR 32.2(j). The
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
[[Page 1719]]
50 CFR 26.34(v)(2)(i)(F) Prohibits the Cutting, removing, or
(Upper Mississippi River cutting, damaging any tree or
National Wildlife and Fish removal, or vegetation is
Refuge, Minnesota). damage of any prohibited on all
tree or Service lands per 50
vegetation on CFR 27.51(a).
the refuge as Furthermore,
well as attaching nails,
attaching nails, screws, or other
screws, or other hardware to a tree
hardware to any is prohibited on all
tree. Service lands per 50
CFR 32.2(i). The
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
50 CFR 26.34(v)(2)(i)(H)(1) Prohibits dogs The disturbing or
(Upper Mississippi River disturbing or endangering of
National Wildlife and Fish endangering wildlife is
Refuge, Minnesota). wildlife or prohibited on all
people while on Service lands per 50
the refuge. CFR 27.51(a). The
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
50 CFR 26.34(v)(2)(i)(H)(3) Prohibits Allowing dogs to roam
(Upper Mississippi River allowing dogs to is prohibited on all
National Wildlife and Fish roam. Service lands per 50
Refuge, Minnesota). CFR 26.21(b). The
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
50 CFR 26.34(v)(2)(i)(H)(6) Prohibits field Field trials are
(Upper Mississippi River trials and prohibited on all
National Wildlife and Fish commercial/ Service lands unless
Refuge, Minnesota). professional dog a special permit is
training. granted per 50 CFR
27.91 The regulation
is removed from 50
CFR 26.34 to allow
for clarity and
consistency with
existing
regulations.
50 CFR 26.34(v)(2)(i)(H)(7) Owners/handlers The littering,
(Upper Mississippi River of dogs are disposing, or
National Wildlife and Fish responsible for dumping of any
Refuge, Minnesota). disposal of dog debris is prohibited
droppings. on all Service lands
per 50 CFR 27.94(a).
The regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
50 CFR 26.34(v)(2)(i)(I) Prohibits the The discharge of
(Upper Mississippi River discharging of firearms, air guns,
National Wildlife and Fish firearms, air or other weapons is
Refuge, Minnesota). guns, or any prohibited on all
other weapons on Service lands unless
the refuge, engaged in
unless engaged authorized
in authorized activities per 50
activities CFR 27.41 and 50 CFR
during 27.43. The
established regulation is
seasons. removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
50 CFR 26.34(v)(2)(i)(K) Prohibits Littering and the
(Upper Mississippi River littering, disposal of human
National Wildlife and Fish abandonment of waste is prohibited
Refuge, Minnesota). property, and on all Service lands
disposal of per 50 CFR 27.94(a).
human waste. Furthermore, the
abandonment of
property is
prohibited on all
Service lands per 50
CFR 27.93. The
regulation is
removed from 50 CFR
26.34 to allow for
clarity and
consistency with
existing
regulations.
------------------------------------------------------------------------
The Department has determined that these reasons, independently and
alone, justify revision of 50 CFR 26.34. The Department has no interest
in maintaining regulations that are redundant.
The Department is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA; 5 U.S.C. 551-559)
generally requires agencies to engage in notice and comment rulemaking,
section 553 of the APA provides an exception when the agency ``for good
cause finds'' that notice and comment are ``impracticable, unnecessary,
or contrary to the public interest.'' The Department has determined
that notice and comment are unnecessary because this rule is
noncontroversial; of a minor, technical nature; involves little agency
discretion; and is unlikely to receive any significant adverse
comments. Significant adverse comments are those that oppose the
revision of the rule and raise, alone or in combination, (1) reasons
why the revision of the rule is inappropriate, including challenges to
the revision's underlying premise; or (2) serious unintended
consequences of the revision. A comment recommending an addition to the
rule will not be considered significant and adverse unless the comment
explains how this direct final rule would be ineffective without the
addition.
Required Determinations
Executive Order (E.O.) 12866--Regulatory Planning and Review and E.O.
13563--Improving Regulation and Regulatory Review
E.O. 12866 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.
E.O. 13563 reaffirms the principles of E.O. 12866, while calling
for improvements in the Nation's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory ends. E.O. 13563
directs agencies to consider regulatory approaches that reduce burdens
and maintain flexibility and freedom of choice for the public where
these approaches are relevant, feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes further that agencies must base
regulations on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. The Department developed this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) requires an
agency to prepare a regulatory flexibility analysis for all rules
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule. As the Department is not required to publish a notice
of proposed rulemaking for this direct final rule, the RFA does not
apply.
Congressional Review Act
This direct final rule is not a major rule under the Congressional
Review Act, 5 U.S.C. 804(2). Specifically, the direct final rule: (a)
will not have an annual effect on the economy of $100 million or more;
(b) will not cause a major increase in costs or prices for consumers,
individual industries, Federal, State, or local government agencies, or
geographic regions; and (c) will not have significant adverse effects
on competition, employment, investment, productivity, innovation, or on
the ability of United States-based
[[Page 1720]]
enterprises to compete with foreign-based enterprises in domestic and
export markets.
Unfunded Mandates Reform Act
This direct final rule does not impose an unfunded mandate on
State, local, or Tribal governments, or the private sector, of more
than $100 million per year. The rule does not have a significant or
unique effect on State, local, or Tribal governments, or the private
sector. The rule merely revises the Federal regulations to remove an
obsolete provision that is no longer used. Therefore, 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)
This direct final rule does not result in a taking of private
property or otherwise have regulatory takings implications under E.O.
12630. The rule rescinds a redundant regulatory provision; therefore,
the rule will not result in private property being taken for public use
without just compensation. A takings implication assessment is
therefore not required.
Federalism (E.O. 13132)
Under the criteria of section 1 of E.O. 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. This rule will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. A
federalism summary impact statement is not required.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that this rule will not unduly burden the judicial system
and meets the requirements of sections 3(a) and 3(b)(2) of the Order.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have
evaluated potential effects on federally recognized Indian Tribes and
have determined that this rule would not interfere with Tribes'
abilities to manage themselves, their funds, or Tribal lands.
Paperwork Reduction Act
This direct final rule does not contain any new collection of
information that requires approval by the OMB under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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.
National Environmental Policy Act
This direct final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act (NEPA;
42 U.S.C. 4321 et seq.) is not required because this rule is covered by
a categorical exclusion applicable to regulatory functions ``that are
of an administrative, financial, legal, technical, or procedural
nature.'' 43 CFR 46.210(i). In addition, the Department has determined
that this rule does not involve any of the extraordinary circumstances
listed in 43 CFR 46.215 that would require further analysis under NEPA.
Energy Supply, Distribution or Use (E.O. 13211)
This direct final rule is not a significant energy action as
defined in E.O. 13211. Therefore, a Statement of Energy Effects is not
required.
List of Subjects in 50 CFR 26
Recreation and recreation areas, Wildlife refuges.
Regulation Promulgation
For the reasons stated in the preamble, we amend part 26,
subchapter C of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 26--PUBLIC ENTRY AND USE
0
1. The authority citation for part 26 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i; Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat.
955).
Subpart C--Public Use and Recreation
0
2. Amend Sec. 26.34 by:
0
a. Revising and republishing paragraphs (b)(2)(iii), (c)(7), and
(h)(7);
0
b. Revising and publish paragraphs (v)(2)(i)(F) through (v)(2)(i)(H);
and
0
c. Removing paragraphs (v)(2)(i)(I) through (v)(2)(i)(K).
The revisions read as follows:
Sec. 26.34 What are the special regulations concerning public access,
use, and recreation for individual national wildlife refuges?
* * * * *
(b) Arizona--
* * * * *
(2) Havasu National Wildlife Refuge.
* * * * *
(iii) The following conditions apply to all waters of the Colorado
River within the refuge from the south regulatory buoy line to the
north regulatory buoy line at Interstate 40 (approximately 17 miles
(27.2 kilometers)):
(A) We prohibit personal watercraft (PWC, as governed by State law)
as indicated by signs or regulatory buoys in all backwaters.
(B) We prohibit water-skiing, tubing, wake boarding, or other
recreational-towed devices.
* * * * *
(c) Arkansas--
* * * * *
(7) Pond Creek National Wildlife Refuge. (i) We allow camping only
at designated primitive campground sites identified in the refuge hunt
brochure. We restrict camping to the individuals involved in refuge
wildlife-dependent activities. Campers may stay no more than 14 days
during any consecutive 30-day period in a campground and must occupy
the camps daily. We prohibit all disturbances, including use of
generators, after 10 p.m.
(ii) You must unload all hunting firearms and crossbows (see Sec.
27.42(b) of this chapter) within 100 yards (90 meters) of a campground.
(iii) We prohibit camping on the refuge while hunting off the
refuge.
(iv) We prohibit consumption or possession of opened container(s)
of alcoholic beverage(s) in parking lots, on roadways, and in plain
view in campgrounds.
(v) We prohibit fires outside of campgrounds.
(vi) We prohibit geocaching.
* * * * *
(h) Florida--
* * * * *
(7) St. Vincent National Wildlife Refuge.
(i) We restrict camping and fires (see Sec. 27.95(a) of this
chapter) to the two designated camping areas. We may restrict or ban
fires during dry periods.
(ii) We prohibit motorized equipment, generators, or land vehicles
(except bicycles).
(iii) Visitors must observe quiet time in the campground between 9
p.m. and 5 a.m. We prohibit loud or boisterous behavior or activity.
(iv) We allow boats with electric motors. You must remove all other
[[Page 1721]]
motors from the boats and secure them to a designated motor rack with a
lock and chain.
(v) We allow boats in refuge lakes from May 15 through September
30.
* * * * *
(v) Minnesota--
* * * * *
(2) Upper Mississippi River National Wildlife and Fish Refuge--
* * * * *
(F) We prohibit all vehicle use on or across refuge lands at any
time except on designated routes of travel or on the ice over navigable
waters accessed from boat landings. We prohibit parking beyond vehicle
control barriers or on grass or other vegetation. We prohibit parking
or operating vehicles in a manner that obstructs or impedes any road,
trail, fire lane, boat ramp, access gate, or other facility, or in a
manner that creates a safety hazard or endangers any person, property,
or environmental feature. We may impound any vehicle left parked in
violation at the owner's expense (see Sec. 27.31(h) of this chapter).
(G) We allow dogs and other domestic animals on the refuge subject
to the following conditions:
(1) While on the refuge, all dogs must be under the control of
their owners/handlers at all times or on a leash.
(2) All dogs must be on a leash when on hiking trails, or other
areas so posted.
(3) We allow working a dog in refuge waters by tossing a retrieval
dummy or other object for out-and-back exercise.
(4) We prohibit horses and all other domestic animals on the refuge
unless confined in a vehicle, boat, trailer, kennel, or other container
(see Sec. 26.21 of this chapter).
(H) We prohibit the use or possession of glass food and beverage
containers on lands within the refuge.
* * * * *
Kevin Lilly,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Delegated Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2026-00734 Filed 1-14-26; 8:45 am]
BILLING CODE 4333-15-P
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