Rule2026-17895
National Wildlife Refuge System; 2026-2027 Station-Specific Hunting and Sport Fishing Regulations
Primary source
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Published
September 1, 2026
Effective
August 31, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (FWS or Service), open or expand hunting opportunities on 111 field stations, including 107 units of the National Wildlife Refuges System (Refuge System or NWRS) and 4 units of the National Fish Hatchery System (Hatchery System or NFHS). This includes opening hunting or sport fishing opportunities for the first time on 14 National Wildlife Refuges (NWR) and 3 National Fish Hatcheries (NFH). These actions will open or expand more than 1,450 opportunities for hunting and fishing across the NWRS and NFHS in order to increase access for the American public. In accordance with Secretary's Order (S.O.) 3447 and Director's Order (D.O.) 233, we also make changes to existing station-specific regulations in order to improve the clarity and accuracy of regulations, reduce the regulatory burden on the public, ensure consistency across FWS lands and waters, and comply with a Presidential mandate for plain-language standards.
Full Text
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Rules and Regulations]
[Pages 56290-56366]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17895]
[[Page 56289]]
Vol. 91
Tuesday,
No. 168
September 1, 2026
Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Parts 32 and 71
National Wildlife Refuge System; 2026-2027 Station-Specific Hunting and
Sport Fishing Regulations; Final Rule
Federal Register / Vol. 91, No. 168 / Tuesday, September 1, 2026 /
Rules and Regulations
[[Page 56290]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 32 and 71
[Docket No. FWS-HQ-NWRS-2026-1223; FXRS12610900000-267-FF09R20000]
RIN 1018-BI71
National Wildlife Refuge System; 2026-2027 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 (FWS or Service), open
or expand hunting opportunities on 111 field stations, including 107
units of the National Wildlife Refuges System (Refuge System or NWRS)
and 4 units of the National Fish Hatchery System (Hatchery System or
NFHS). This includes opening hunting or sport fishing opportunities for
the first time on 14 National Wildlife Refuges (NWR) and 3 National
Fish Hatcheries (NFH). These actions will open or expand more than
1,450 opportunities for hunting and fishing across the NWRS and NFHS in
order to increase access for the American public. In accordance with
Secretary's Order (S.O.) 3447 and Director's Order (D.O.) 233, we also
make changes to existing station-specific regulations in order to
improve the clarity and accuracy of regulations, reduce the regulatory
burden on the public, ensure consistency across FWS lands and waters,
and comply with a Presidential mandate for plain-language standards.
DATES: This rule is effective August 31, 2026.
Information collection requirements: If you wish to comment on the
information collection requirements in this rule, please note that the
Office of Management and Budget (OMB) is required to make a decision
concerning the collection of information contained in this rule between
30 and 60 days after the date of publication of this proposed rule in
the Federal Register. Therefore, comments should be submitted to the
Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, (see ``Information collection requirements'' below
under ADDRESSES) by October 1, 2026.
ADDRESSES: This final rule is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments and materials we received are available
for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-
HQ-NWRS-2026-1223.
Information collection requirements: Written comments and
suggestions on the information collection requirements should be
submitted within 30 days of publication of this document to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. Please provide a copy of
your comments to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or <a href="/cdn-cgi/l/email-protection#632a0d050c3c200c0f0f230514104d040c15"><span class="__cf_email__" data-cfemail="80c9eee6efdfc3efececc0e6f7f3aee7eff6">[email protected]</span></a> (email).
Please reference OMB Control Number 1018-0140 in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT: Julie Henning, Branch Chief of
Conservation Planning and Policy, <a href="/cdn-cgi/l/email-protection#e9839c85808cb6818c878780878ea98f9e9ac78e869f"><span class="__cf_email__" data-cfemail="fb918e97929ea4939e959592959cbb9d8c88d59c948d">[email protected]</span></a>, 571-389-3584.
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, as
amended (Administration Act; 16 U.S.C. 668dd-668ee), 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 Refuge System mission.
The action also must be in accordance with provisions of all laws
applicable to the areas, developed in coordination with the appropriate
State fish and wildlife agency(ies), consistent with the principles of
sound fish and wildlife management and administration, and otherwise in
the public interest. These requirements ensure that we maintain the
biological integrity, diversity, and environmental health of the Refuge
System for the benefit of present and future generations of Americans.
We annually review hunting and sport fishing programs to determine
whether to include additional refuges or hatcheries (i.e., 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 Refuge System's mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations (CFR) at part 32 (50 CFR
part 32), and provisions for hatcheries at part 71 (50 CFR part 71). We
regulate hunting and sport fishing to:
<bullet> Ensure compatibility with station 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 NWRs and NFHs 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
[[Page 56291]]
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 the 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 public 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 hunting
and fishing programs with the purpose(s) for which we established the
refuge or hatchery and the Refuge or Hatchery System mission,
respectively. 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 or
hatcheries to the lists of areas open to hunting and sport fishing in
50 CFR part 32 or 71, respectively. 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 May 27, 2026, we published in the Federal Register (91 FR 31580)
a proposed rule to modify hunting and sport fishing programs at 111
field stations, including 107 units of the Refuge System and 4 units of
the Hatchery System for the 2026-2027 season. We accepted public
comments on the proposed rule for 30 days, ending June 26, 2026. By
that date, we received 19,679 comments on the proposed rule.
Approximately 91 percent of these comments were form letters or
otherwise identical duplicates of other comments. Approximately 28
percent of the comments received were not relevant to this rule,
including a mass form letter campaign with 5,484 identical comments
from individuals about National Park Service hunting and sport fishing
programs, and an additional 20 unique comments that were also not
relevant to this rule. We discuss the remaining unique comments we
received below by topic (including our request in the proposed rule
requesting public comment on whether or not to promulgate a lead-free
requirement for hunting on the entire Canaan Valley NWR with immediate
or delayed effect at Comment 16). Beyond our responses below,
additional station-specific information on how we responded to comments
on particular hunting or sport fishing opportunities at a given refuge
or hatchery can be found in that station's final hunting and/or sport
fishing package, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No.
FWS-HQ-NWRS-2026-1223.
Comment (1): We received numerous comments expressing general
support for the proposed changes in the rule. These comments of general
support either expressed appreciation for the increased hunting and
sport fishing access in the rule overall, expressed appreciation for
increased access at particular stations, or both. In addition to this
general support, some commenters requested additional hunting and sport
fishing opportunities, increased access at specific stations, as well
as expanded methods of take (e.g., archery, falconry).
Our Response: Hunting and sport 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 opportunities for Americans to participate in compatible
wildlife-dependent recreation, including hunting and sport fishing on
Refuge System lands. We prioritize wildlife-dependent recreation,
including hunting and sport fishing, when doing so is compatible with
the purpose of the station and the mission of the System.
As detailed further in our response to Comment (2), below, opening
or expanding hunting or sport 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 2026-2027 final rule began in June
2025). This 18-month process 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. 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 open and
expanded hunting and sport fishing on Service managed lands, this also
applies to increased access at specific stations, as well as expanded
methods of take.
We will continue to open and expand hunting and sport fishing
opportunities across Refuge and Hatchery Systems lands, where such uses
are determined to be compatible. However, opportunities to expand
hunting and sport fishing are limited by the amount of Service managed
land that is suitable for these uses. As a result, future expansions
are likely to be incremental and may occur through land acquisitions,
changes to State regulations, and other management actions. Within
these ongoing annual regulatory cycles, the Service welcomes input from
nongovernmental organizations and individual hunters and anglers and
encourages them to share their perspectives on potential future
opportunities through public comments and other available forums. We
strive to provide hunting and sport fishing opportunities that support
our wildlife and aquatic conservation and management objectives while
offering hunters and anglers a high-quality recreational experience. We
carefully consider all requests and
[[Page 56292]]
recommendations we receive, including those related specifically to
waterfowl hunting.
We did not make any changes to the rule as a result of these
comments.
Comment (2): Many commenters expressed general opposition to any
hunting or sport fishing on Service lands. Some of these commenters
stated that expanded hunting access would interfere with or take away
from nonconsumptive experiences (e.g., wildlife observation, birding,
hiking) enjoyed by other members of the public. Others stated that
hunting was antithetical to the purposes of a refuge, which, in their
opinion, should serve as an inviolate sanctuary for all wildlife.
Additionally, some commentors expressed concerns regarding the
enforcement of hunting and sport fishing regulations and public safety.
The remaining commenters generically opposed expanded or new hunting or
sport fishing opportunities at specific stations.
Our Response: The Service prioritizes facilitating each of the six
wildlife-dependent recreational opportunities on Service land in
compliance with applicable Service law and policy. For refuges, the
Administration Act stipulates that hunting (along with sport 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 wildlife on NWR
lands if such activity has been determined compatible with the
established purpose(s) of the station and the mission of the Refuge
System as required by the Administration Act. For all 111 stations for
which hunting and/or sport fishing programs were modified in this rule,
we determined that the proposed actions were compatible.
Each station manager makes a decision regarding hunting and sport
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
ensure that the Service does not allow hunting or sport fishing
opportunities that would compromise the purpose of the station or the
mission of the 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 permissive) than State regulations and often are more restrictive
to help meet specific station 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 station 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 wildlife dependent public use of a wildlife
refuge. Furthermore, we manage stations to support healthy wildlife
populations that in many cases produce harvestable surpluses that are a
renewable resource. As practiced on refuges and hatcheries, hunting and
sport fishing do not pose a negative threat to wildlife populations. It
is important to recognize that harvesting certain individuals through
hunting does not necessarily lead to a decrease in the overall
population, as it can substitute for 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 station and the mission of the Refuge and Hatchery Systems.
We did not make any changes to the rule as a result of these
comments.
Comment (3): We received comments from 11 individual State
agencies, the Association of Fish and Wildlife Agencies, the
Northeastern Association of Fish and Wildlife Agencies, the
Southeastern Association of Fish and Wildlife Agencies, and the Western
Association of Fish and Wildlife Agencies on the proposed rule.
We received comments expressing general support for the increased
hunting and sport fishing opportunities and increased alignment with
state regulations from the Georgia Department of Natural Resources,
Wildlife Resources Division; Montana Department of Fish, Wildlife and
Parks; South Dakota Department of Game, Fish, and Parks; Utah Division
of Wildlife Resources; Virginia Department of Wildlife Resources;
Washington State Department of Fish and Wildlife; West Virginia
Division of Natural Resources; and Wyoming Game and Fish Department.
This support was echoed by the Association of Fish and Wildlife
Agencies, the Northeast Association of Fish and Wildlife Agencies, the
Southeastern Association of Fish and Wildlife Agencies, and the Western
Association of Fish and Wildlife Agencies.
Several States were supportive of the proposed rule and also
requested changes. The Arkansas Game and Fish Commission requested that
the limit of one game-camera on Arkansas refuges be reconsidered to
better align with State Wildlife Management Area regulations. Colorado
Parks and Wildlife recommended specific elk harvest numbers to achieve
carrying capacity objectives. The Indiana Division of Fish, Wildlife &
Nature Preserves provided numerous recommendations for further
alignment with state regulations at Patoka NWR, Big Oaks NWR, and
Muscatatuck NWRs. The Virginia Department of Wildlife Resources
expressed support for the proposed rule; acknowledges the rescission of
lead-free ammunition and/or tackle requirements that would have
otherwise gone into effect September 1, 2026 at Eastern Virginia Rivers
NWR Complex, Potomac River NWR Complex, Great Dismal Swamp NWR, Eastern
Shore of Virginia NWR, Fisherman Island NWR, Chincoteague NWR, and
Wallops Island NWRs; recommends adding `removal of carcasses' in
addition to `removal of gut piles' as an encouraged practice; and
offered numerous recommendations to further align with state
regulations.
Regarding the removal of restrictions on lead ammunition and
tackle, we received comments in support of increasing alignment with
State regulations from three individual state agencies, in addition to
the Association of Fish and Wildlife Agencies and the Northeast
Association of Fish and Wildlife Agencies. Regarding the recission of
lead restrictions at nine stations that would have gone into effect on
September 1, 2026, this proposed action was acknowledged by the Indiana
Division of Fish, Wildlife & Nature Preserves and the Virginia
Department of Wildlife Resources. The West Virginia Division of Natural
Resources expressed support for the removal of
[[Page 56293]]
lead restriction requirements for big game and upland game hunting on
the Big Cove Unit at Canaan Valley NWR rather than promulgating a lead
restriction requirement on the entire station, see our response to
Comment (16), below, for additional discussion. The Virginia Department
of Wildlife Resources, the Association of Fish and Wildlife Agencies,
and the Northeastern Association of Fish and Wildlife Agencies
encouraged the Service to continue voluntary lead-free incentives,
education and outreach to promote lead-free alternatives, and the West
Virginia Division of Natural Resources also commented that they remain
open to voluntary lead-free incentives, education, and outreach. See
responses to Comments (5) and-(16), below, for additional discussion of
comments specific to lead ammunition and tackle, and potential impacts
of lead ammunition and tackle used for hunting and sport fishing on
refuge and hatchery resources.
Our Response: The Service appreciates the support of, and is
committed to working with, our State partners to expand hunting and
sport fishing access, remove unnecessary barriers, and ensure
consistency across Service lands and waters in support of S.O. 3447
Expanding Hunting and Fishing Access, Removing Unnecessary Barriers,
and Ensuring Consistency Across the Department of the Interior Lands
and Waters (January 7, 2026) and D.O. 233 Expanding Hunting and Fishing
Access, Removing Unneceaary Barriers, and Ensuring Consistency Across
U.S. Fish and Wildlife Service Lands and Waters (February 2, 2026).
Coordination with State fish and wildlife agencies is essential to
provide high-quality, compatible opportunities that are consistent with
principles of sound fish and wildlife management, and to promote
regulatory alignment where appropriate.
We value input from State partners on the proposed rule, and
responses to station-specific requests are addressed below. For all
other comments, we value the support for the increased hunting and
sport fishing opportunities through this rule and appreciate the
recognition of our collaboration and coordination on increasing access
and feedback regarding voluntary, educational based approaches to
issues associated with lead ammunition and tackle. We look forward to
continuing our collaborative work in identifying additional
opportunities for future consideration.
In response to the request by the Arkansas Game and Fish Commission
(AGFC) to reconsider the one game-camera limit, we have made no changes
to the rule. The one game-camera limit is a consistent regulation
across most NWRs in Arkansas and has decreased the issues related to
abandonment, theft, privacy, and hunter conflicts. We are committed to
fostering our partnership with AGFC and will continue to explore
strategies for effectively balancing public access and stewardship on
National Wildlife Refuges.
In response to the Indiana Division of Fish, Wildlife and Parks
regarding numerous alignment opportunities at Patoka NWR, Big Oaks NWR,
and Muscatatuck NWR, we have made no changes to the rule as the
comments suggested new additions rather than modifications to the
proposed hunts, however, comments received will be considered during
development of 2027-2028 proposals.
In response to the Virginia Department of Wildlife Resources, we
appreciate the comments in overall support of the rule. Our response to
Comment (14), below, addresses the rescinding of phase outs in greater
detail. We incorporated several minor editorial changes to supporting
documents in this year's rulemaking cycle. As detailed further in our
responses to Comments (1) and (2), above, developing additional hunting
or fishing opportunities on Service lands requires a rigorous process
with planning and coordination, and therefore recommendations for
further alignment and new or expanded hunting opportunities will be
considered during development of 2027-2028 proposals.
Comment (4): Comments were received from two Tribes. We received
comments from the Yankton Sioux Tribe where, given the limited nature
of the hunt, they took no position on the proposal to open archery deer
hunting on Karl E. Mundt NWR. However, they recommended continued
consultation among the Tribe, the Service and South Dakota Game, Fish
and Parks, as we implement the hunt program. The Yankton Sioux Treaty
Steering Committee, Ihanktonwan Dakota Oyate Steering Committee, and
the Yankton Sioux Tribal Historic Preservation Office expressed
concerns over potential impacts to cultural resources and wintering
bald eagles (Haliaeetus leucocephalus). We also received a comment from
the Shoshone-Bannock Tribe that was generally supportive of the
proposed rule but requested that we acknowledge the 1868 Fort Bridger
Treaty between the Shoshone-Bannock Tribe and the Federal Government in
Service planning documents to capture Treaty hunting rights. The Tribe
also expressed that the 30-day comment period was insufficient to
adequately respond to the proposed rule.
Our Response: In response to the Yankton Sioux Tribe, the Service
is committed to working with our Tribal partners, including ongoing
consultation, to fulfill our trust responsibility to Tribes in our
management of federal lands and waters. Secretary's Order 3447 (January
2026) and D.O. 233 (February 2026) also emphasize that collaboration
with Tribes is essential to responsible planning of hunting and fishing
activities. The Service welcomes every opportunity to coordinate with
Tribal leaders prior to the implementation of hunting activities and to
continue consultation as we implement these hunting programs to ensure
protection of cultural resources and conservation of bald eagles, and
other wildlife that occupy Karl E. Mundt NWR.
In response to the Shoshone-Bannock Tribes, the Service
acknowledges the Tribe's off-reservation hunting rights established by
the 1868 Fort Bridger Treaty. A formal Government-to-Government
consultation meeting with the Shoshone-Bannock Tribes was held on May
18, 2026. The Service will continue to participate in Government-to-
Government consultation pursuant to the Tribe's requests. The
Environmental Assessment for the Grays Lake NWR Hunting and Fishing
Plan and Compatibility Determination for elk hunting at Camas NWR
reference the 1868 Fort Bridger Treaty and clarify that neither the
existence of hunting and sport fishing plans, nor any portion of their
contents is intended to enlarge or diminish treaty rights, or to have
any effect on treaty rights. Consultation continues, therefore, more
specific language in Service planning documents are not included at
this time.
With regards to the comment period, the standard public comment
period for the annual rule proposing amendments to the regulations
governing hunting and sport fishing on Service lands is 30 days. We
provided 30 days for public comments with 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 did not make any changes to the rule as a result of these
comments.
Comment (5): Several commenters noted that in recent rulemakings,
the Service's openings and expansions of hunting and sport fishing did
not include lead. Commenters requested that the Service explain the
current approach to developing hunting and sport fishing programs,
explain the reasoning for the decision to include the
[[Page 56294]]
use of lead ammunition and tackle as part of opening and expanding
hunting and sport fishing, and to provide any new evidence that
supports this decision.
Our Response: In support of President Trump's Administration
priorities, Executive Order 14192), S.O.s 3447 and 3421, and D.O. 233,
the Service is committed to expand hunting and sport fishing access,
remove unnecessary barriers, and ensure consistency across the NWRs and
NFHs. The rule reflects a broader effort to simplify and modernize
Federal regulations. By better aligning Federal regulations with State
fish and wildlife laws, the rule reduces confusion for the public,
improves consistency across field stations and reinforces the role of
States as primary managers of fish and wildlife resources. Hunting and
sport fishing are priority public uses on Service-managed lands. Many
lead-free ammunition and/or sport fishing tackle restrictions are
reversed or removed in accordance with S.O. 3447 and D.O. 233. This
includes nine NWRs proposing to rescind all lead ammunition and/or
sport fishing tackle requirements, promulgated in 2022 and 2023 with
delayed effect, that would have taken effect on September 1, 2026. The
regulatory streamlining within the CFR includes more than 1,000
modifications to the 50 CFR parts 32 and 71, including simplifying and
deleting provisions to reduce regulatory burden on the public as
directed by S.O. 3447, D.O. 233. and Executive Order (E.O.) 14192 and
S.O. 3421.
While there are concerns about lead and the general potential for
ecological health impacts, the use of lead ammunition and tackle on
refuges and hatcheries in this rulemaking is not expected to
significantly impact the environment, impair endangered or threatened
species, or negatively impact wildlife populations. The use of lead
ammunition and tackle, like any other visitor activity, can only be
allowed on a station if, and only for as long as the station applies
the best available science and sound professional judgment to find it
compatible. On stations where lead ammunition or tackle is allowed, the
Service has determined the use will not materially interfere with or
detract from the station purpose or fulfillment of the mission to
protect the ecological integrity of the system. The number of new
hunters or anglers expected to use lead ammunition and/or tackle as a
result of the new or expanded opportunities is anticipated to be very
low, therefore the resulting addition of lead into the environment
should be negligible or minor. Furthermore, the Service determined that
the proposed action was not likely to adversely affect any listed
species, nor jeopardize any listed species. We also determined that the
proposed action was not likely to jeopardize any proposed or candidate
species for listing as threatened or endangered. See our responses
below to Comments (6) for further discussion of the limited scope of
hunting and sport fishing opportunities opened or expanded, (8) for
discussion of the Service's compatibility determinations, (9) for more
about compliance with NEPA, and (10) for more information about
compliance with section 7 of the ESA.
The Service has taken specific steps to limit the use of lead in
hunting and sport fishing activities on refuges and hatcheries. Some
individual stations have developed station-specific regulations
requiring the use of lead-free ammunition or tackle, where it aligns
with State regulations, nearby State-managed lands, and particularly in
wetland areas important to waterfowl and based on site-specific
concerns. However, the Service has no broad requirements for lead-free
ammunition outside of the longstanding nontoxic requirements for
waterfowl hunting. Instead, the Service continues to educate hunters
and anglers on the impacts of lead on the environment. The Service also
initiated a voluntary incentive program in 2024 to promote the use of
lead-free ammunition while preserving hunter choice; 13 stations
participated in the program during the 2025-2026 hunting seasons. The
Service encourages hunters and anglers to voluntarily use lead-free
ammunition and tackle for all harvest activities. However, cost and
availability of lead-free ammunition and tackle continue to be a
challenge (see our response to Comment (6), below).
We share a strong partnership with the States in managing wildlife
and therefore, when determining whether to prohibit the use of lead
ammunition or tackle, we have traditionally deferred to State
regulations. Stations where the Service allows lead ammunition and
tackle, including at stations where lead restrictions are being removed
or rescinded, improves consistency with the States and AFWA's
collaborative approach in prioritizing education, information, and
voluntary, informed choice to effectively reduce unintended ingestion
of lead residues in wildlife (<a href="https://www.fishwildlife.org/application/files/5317/7343/7715/Approved__AFWA_LEAD_BMP_Resolution_August_2025.pdf">https://www.fishwildlife.org/application/files/5317/7343/7715/Approved__AFWA_LEAD_BMP_Resolution_August_2025.pdf</a>).
Ultimately, our goal is for all NWRs and NFHs whose purposes
support hunting and sport fishing to be open to these activities,
except in cases where legitimate exceptions are warranted (i.e.,
threatened or endangered species, human safety, habitat sensitivity,
local stakeholder concerns, legislative prohibitions). The Service is
committed to doing what best serves the public interest and our
conservation mission, including facilitating compatible, wildlife-
dependent, recreational hunting and sport fishing. Based on the recent
expansions in our hunting and sport fishing programs, the Service will
continue to evaluate lead use in hunting and sport fishing on Service
lands and waters.
We did not make any changes to the rule as a result of these
comments.
Comment (6): Numerous commenters expressed opposition to allowing
the use of lead ammunition and tackle noting that lead-free
alternatives are widely available, only marginally more expensive, and
similarly effective. However, we also received several comments from
hunters who noted that availability, cost, and effectiveness remain
barriers. While several commenters stated that lead-free ammunition is
readily available where they live, others reported the opposite, noting
that availability remains a challenge in many parts of the country. One
commenter specifically noted that for certain bullet calibers and
firearm types used in hunting, no lead-free alternatives are readily
available. Others reported that high prices and low supplies can be
exacerbated by excessive purchasing by a small number of consumers.
Our Response: The fact remains that there are bullet calibers and
firearm types used in hunting for which lead-free alternatives are not
readily available, particularly in rural areas. In November 2025, while
preparing the draft rule, we compared the availability and price per
round for lead-free alternatives compared to traditional lead-based
ammunition for five different popular calibers. We assessed the
availability in stock on-site and price per round at 1 urban and 1
rural location in each of the 8 Service regions (16 retailers total).
We found that lead-free alternatives for certain calibers may still be
difficult to obtain at brick-and-mortar retail locations; for example,
only 3 of 16 retail locations offered lead-free 12 gage slugs, 4 of 16
had .308 Winchester, and only 4 of 16 had 270 Winchester ammunition in
stock. Among the participants in the 2025-2026 Voluntary Lead Free
Program, the second highest factor when selecting ammunition for
hunting was availability; only accuracy ranked higher as noted in the
findings of the
[[Page 56295]]
Service's 2025-2026 Lead Free Program Evaluation Report. Barriers
identified by survey participants to obtaining lead-free ammunition
continues to be ``difficulty to find'' (58 percent) and ``not available
in by caliber'' (20 percent). Local availability was considered in
producing a national rule.
Fifty-eight percent of participants in the 2025-2026 lead-free
incentive program cite cost as a barrier to obtaining lead-free
ammunition. When advancing regulations requiring the use of lead-free
ammunition and tackle during the previous administration, we
anticipated that the cost of lead-free alternatives would continue to
decline relative to the cost of lead ammunition, but this has not
occurred. Based on a survey of in-stock ammunition at brick-and-mortar
retailers conducted in November 2025, the cost per round remains 37
percent to 245 percent higher for 5 popular caliber types. Hunters
continue to face ongoing ammunition supply constraints that may
increase cost and limit participation. The 2025-2026 Voluntary Lead
Free Program Evaluation Report is available from <a href="https://iris.fws.gov/APPS/ServCat/Reference/Profile/193738">https://iris.fws.gov/APPS/ServCat/Reference/Profile/193738</a>.
We did not make any changes to the rule as a result of these
comments.
Comment (7): Some commenters expressed that the voluntary lead-free
program is not a scalable solution to the problem of lead in the Refuge
System and those in support of voluntary, educational approaches
acknowledged the complex issue. Some commenters believed approaches to
limit lead use should reside with the state.
Our Response: American hunters and anglers continue to be educated
on the benefits of lead-free ammunition and tackle through outreach
efforts by Federal and State wildlife agencies, hunter conservation
organizations, and university programs. These efforts, including by the
Service, have scaled up in recent years and are proving to be effective
in reaching hunting and sport fishing enthusiasts, as noted in the
findings of the Service's 2025-2026 Voluntary Lead Free Program
Evaluation Report. The Service's Lead-Free Voluntary Incentive Program
(LFVIP) increased hunter participation by 58 percent between the 2024-
2025 and 2025-2026 hunting season and likewise increased the number of
participating refuges by 57 percent. Over three quarters of survey
respondents (77 percent) reported that they used only lead-free
ammunition for hunting on refuges during the 2025-2026 season, up from
46 percent in the prior year.
Hunters are more receptive to conservation-framed messaging than
regulatory mandates. The voluntary adoption of lead-free alternatives
by the hunting community exemplifies its continued tradition of
actively supporting wildlife and habitat conservation. Outreach,
education, and incentives are an approach to voluntarily limit lead use
on Service managed lands. The 2024-2025 Voluntary Lead Free Pilot
Program Evaluation Report is available from <a href="https://iris.fws.gov/APPS/ServCat/Reference/Profile/193737">https://iris.fws.gov/APPS/ServCat/Reference/Profile/193737</a>.
The 2025-2026 Voluntary Lead Free Program Evaluation Report is
available from <a href="https://iris.fws.gov/APPS/ServCat/Reference/Profile/193738">https://iris.fws.gov/APPS/ServCat/Reference/Profile/193738</a>.
We did not make any changes to the rule as a result of these
comments.
Comment (8): We received several comments that alleged the proposed
rule is, or certain parts of the proposed rule are, a violation of the
Service's mandate to ensure that the biological integrity, diversity,
and environmental health of the Refuge System are maintained for the
benefit of present and future generations of Americans (16 U.S.C
668dd(a)(4)(B)). In addition, many commenters asserted that the use of
lead ammunition and/or tackle on refuges goes against the Improvement
Act. Commenters asserted that the compatibility standard in law is
based on whether a use will materially interfere with or detract from
the fulfillment of the purposes of the refuge or the mission of the
Refuge System. They further-critiqued the Service's reliance on a lack
of observed population-level impacts to wildlife in determinations of
compatibility for hunting and sport fishing opportunities, including
the use of lead ammunition and tackle, noting that compatibility
determinations are intended to prevent unacceptable impacts before they
rise to the level of measurable population declines and should take
into account the potential for these impacts before they occur.
Our Response: We do not allow hunting on a refuge if it is found
incompatible with that individual refuge's purposes or with the mission
of the Refuge System. We manage refuges to support healthy wildlife
populations that in many cases produce harvestable surpluses that are a
renewable resource, and/or to control populations of non-native
invasive species. Part of the mission of the Refuge System is to ensure
that the biological integrity, diversity, and environmental health of
the Refuge System are maintained for the benefit of present and future
generations of Americans (16 U.S.C. 668dd(a)(4)(B)). The Improvement
Act identifies six priority wildlife-dependent recreational uses of the
Refuge System, but it does not define any hierarchy among them. When
determining whether or not other public uses of a refuge are
compatible, the Service protects these priority public uses as well as
the safety of visitors and refuge employees. For instance, 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. In case conflicts arise between priority public uses,
access for multiple uses can often be accommodated through restrictions
or regulations, as appropriate. Therefore, each station manager uses
``sound professional judgment'' (see the definition of this term in the
Service Manual at 603 FW 2.6.U., available online at <a href="https://www.fws.gov/policy/603fw2.html">https://www.fws.gov/policy/603fw2.html</a>) in making these inherently complex
management decisions to ensure that each proposed action complies with
these mandates while following the rule-making process that is required
before hunting and sport fishing opportunities can be opened or
expanded on refuges. Each manager incorporates field experience,
knowledge of refuge resources, considerations of the refuge's role
within an ecosystem, applicable laws, compatibility with refuge
purposes and the mission of the Refuge System, and best available
science in making these decisions. Service biologists and wildlife
professionals, in consultation with the State, determine the optimal
number of each game animal that should reside in an ecosystem and then
establish hunt parameters (e.g., bag limits, sex ratios) based on those
analyses.
Whenever necessary for station purposes, conservation goals,
ecological health, or compatibility with other uses, the Service
imposes alternate and/or additional rules and regulations to those of
the relevant State agencies. In regard to lead ammunition and tackle
use, the Service may take specific steps to limit the use of lead in
hunting and sport fishing activities on refuges and hatcheries to
ensure the use is compatible. Some individual stations have developed
station-specific regulations requiring the use of lead-free ammunition
or tackle, where it aligns with State regulations, nearby State-managed
lands, and particularly in wetland areas important to waterfowl and
based on site-specific concerns.
[[Page 56296]]
With respect to wildlife monitoring and analysis of wildlife
populations, the Service does its own monitoring and analyses and looks
to these first. We do also draw on the work of State partners, both
because it provides more data to inform our decisions and because it
ensures we have information about fish and wildlife on a larger
geographic scale, which is critical for many species with large ranges
that extend far from Service lands and waters.
We carefully consider how a proposed hunt fits with individual
station goals, objectives, and strategies before allowing the hunt. On
stations where lead ammunition or tackle is allowed, the Service has
determined the use will not materially interfere with or detract from
the station purpose or fulfillment of the mission to protect the
ecological integrity of the system. As practiced on refuges, hunting
and sport fishing do not pose a negative threat to wildlife
populations. It is important to recognize that harvesting certain
individuals through hunting does not necessarily lead to a decrease in
the overall population, as it can substitute for other types of
mortality. While there are concerns about the broader general potential
ecological health impacts for lead, the use of lead ammunition and
tackle on refuges and hatcheries in this rulemaking is not expected to
significantly impact the environment, impair endangered or threatened
species, or negatively impact wildlife population health. Furthermore,
the new or expanded hunting and/or sport fishing opportunities in this
rule are not expected to individually or collectively result in
significant adverse direct, indirect, or cumulative impacts to hunted
populations of migratory birds and resident wildlife, nonhunted
migratory and resident wildlife, endangered and threatened species,
habitat and plant resources, or other natural resources. We considered
these impacts in each station's compatibility determination, NEPA
evaluations, ESA section 7(a) evaluations, and in the 2026-2027
cumulative impacts report. For more discussion on the NEPA process, see
the response to Comment (9), below. For more discussion on ESA section
7(a) evaluations see our response to Comment (10), below.
We did not make any changes to the rule as a direct result of these
comments, but changes that we made for other reasons may reduce the
potential for minimal biological and environmental impacts.
Comment (9): We received several comments arguing that we should
have prepared an environmental impact statement (EIS) instead of
station-specific environmental analyses combined with a national
cumulative impact report. Some of these comments also argued that
specific stations should have prepared an environmental assessment (EA)
where we prepared a categorical exclusion. A few commenters also stated
that the use of lead ammunition or tackle specifically presents an
extraordinary circumstance that does not allow for the use of a
categorical exclusion and that we could not adopt a categorical
exclusion for the rule itself. Some commenters requested a nationally
standardized station-specific analysis of possible impacts for openings
and expansions of hunting and sport fishing or more in-depth analysis
of possible impacts for specific stations in the rule. Relatedly, many
commenters expressed concerns about the type of analysis done under
NEPA due to concerns that the Service should be evaluating hunting
pressure on wildlife amid environmental challenges like development,
habitat loss, drought, wildfire, invasive species, and water quality
issues. Some specifically highlighted climate-driven habitat loss,
noting that drought, wetland decline, and wildfire have reduced habitat
for waterfowl in the Pacific Flyway, making refuges more critical and
potentially intensifying hunting impacts during low water years.
Our Response: The Service disagrees with the assertion that we
should prepare an EIS before proposing expanded hunting and sport
fishing opportunities on refuges or hatcheries. The Service complied
with NEPA and other laws and regulations in preparation of the rule.
For perspective, of the approximately 96 million acres in the Refuge
System, 92 million acres (95 percent) are already open to hunting or
sport fishing. The majority of actions (~99 percent) in the 2026-2027
proposed rule occur on acres already open to hunting and/or sport
fishing, while only about 1 percent of the acres opening in this year's
rule have never previously been open to hunting and/or sport fishing.
Hunting and sport fishing are priority public uses on Service lands
and waters and the rulemaking process is procedural in nature to
authorize these activities, thus a categorical exclusion is applied to
the rulemaking action itself. Analysis of the effects of the specific
regulatory actions individually are provided by an environmental
assessment (EA) or categorical exclusion, as appropriate, for each
individual field station that is part of this rulemaking. The Service
ensures that the hunting and sport fishing programs at these stations,
when considered individually and collectively, will not have a
significant effect on the human environment and, if such analysis
determined that a given hunting or sport fishing activity, in
conjunction with the effects of all impacts raised by the commenters
(e.g., development), would result in adverse impacts to protected
species or biological integrity, then the refuge manager would not
authorize the activity.
We completed individual EAs for, or applied categorical exclusions
to, actions at 111 stations in compliance with NEPA to evaluate the
impacts of opening or expanding hunting and sport fishing opportunities
on the refuges and hatcheries, including the use of lead ammunition
and/or tackle, and pressures such as urbanization and drought, in this
rulemaking. These documents are publicly available and can be found in
the Service Catalog (ServCat) online application. 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 Service relies on our own
authoritative data where possible, for example to consider the
population health of migratory birds and to assess the potential
presence and possible impacts to threatened and endangered species.
State partners typically have the best available information about the
population health of game species that are not migratory bird species
and also the population health of other non-target wildlife. We rely
heavily on the local knowledge and experience of station managers to
develop hunting and sport fishing opportunities that meet the needs of
the American people and avoid negative impacts to station resources.
Hunting seasons are based on biological monitoring and coordination
with our State partners. In some circumstances, seasons may be adjusted
based on predicted harvest rates, population levels, seasonal factors,
environmental factors (e.g., drought, wildfire), and other assessments.
As the variables mentioned above change, the Service responds by
altering its regulations accordingly. These regulatory changes are
incremental changes that build on previous changes. Any major changes
in station or environmental conditions, such as an unsustainable
decrease in a species population or sizeable increases in refuge or
hatchery acreage, would trigger additional planning, NEPA and ESA
section 7(a) evaluation processes,
[[Page 56297]]
in addition to Compatibility Determinations. Station managers also may
manage adaptively for changes in local conditions, such as through
limited-duration area closures that may be enacted for a limited period
of time, or even an emergency closure for an entire hunt season. These
required planning and management processes ensure that adverse impacts
will not significantly impair the station resources.
The Service examines cumulative impacts through our cumulative
impacts report that considers national and regional cumulative impacts
from hunting and sport fishing on the Refuge System and the Hatchery
System. These analyses are available as part of the supporting
documents for the final rule. The 2026-2027 cumulative impacts report
concludes, after analyzing the impacts, collectively, 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 commenters who have raised these environmental
analysis concerns have provided no additional information that would
change this analysis or our conclusion. As discussed above, we annually
conduct management activities on refuges and hatcheries that minimize
or offset impacts of hunting and sport 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. A
Federal court found that this approach, using a bottom-up analysis to
assess the cumulative impact of increased hunting and sport 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)).
In this rulemaking, the Service is increasing opportunities for
recreational hunting and sport fishing. As a result of the changes to
hunting and sport fishing programs, visitor use for wildlife-dependent
recreation on these stations may change. Field stations estimate the
maximum increase in visitation for the purpose of hunting or fishing
based on the best available information, which may include baseline
data on station specific visitation, the number of additional permits
or tags that would be issued, visitation data from nearby public lands
managed by other state or federal agencies, or county or state-level
recreation data sourced from state wildlife agencies. Field stations
also estimate the number of additional use days these visitors will
participate in, considering factors such as the demand for the target
species, the nature of the hunting or fishing opportunity including the
season length, and the availability of similar opportunities in the
vicinity. These additional opportunities do not necessarily result in
increased impacts to station resources. We anticipate that for some
stations, the opening of new species or expansions of existing hunting
or sport fishing programs will not result in changes in usage of the
station. In other cases, they may lead to some increase in use of
stations, but these changes would likely be minor. Of the stations
increasing hunting opportunities, the median of the maximum expected
additional hunter use days is 45 per year per station; however, we
expect 0 additional hunter use days per year associated with many of
these opportunities. For example, in some cases there are more acres
available to hunt but no additional permits, and in others the new
huntable species are not highly sought after by hunters. Opening of new
stations may attract people to the station, but these hunters and/or
anglers were likely already participating elsewhere on State or other
Federal lands thus not likely adding additional hunter use days. Due to
the overall number of additional use days dispersed across refuges, 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 stations
attract a very small number of participants, and often participation
rates decline over the course of a season. We also disagree with the
contention that the use of lead ammunition or tackle presents an
extraordinary circumstance that will not allow for the use of a
categorical exclusion. This question is directly addressed by managers
when they determine whether a categorical exclusion is appropriate for
a given expansion to hunting and sport fishing on a station. Just as
the level of lead introduced from hunting and sport fishing has been
found unlikely to produce significant adverse impacts in all of our
environmental assessments, it was not considered to have significant
adverse impacts for those stations where an expansion to the hunting
and/or sport fishing programs met the criteria for a categorical
exclusion. In many cases, additional residual lead from proposed
hunting is expected to be negligible, given the low density of hunters
on refuges, small increase in participation expected, small number of
additional acres hunted, and/or addition of huntable species to acres
that are already open to hunting of other species.
In response to comments, we reviewed all EAs and categorical
exclusions. The Service disagrees with the assertion that, for any of
the stations in this rule, we should have prepared an EIS instead of an
EA, or an EA instead of a categorical exclusion, or that environmental
challenges were not addressed in the NEPA process.
We did not make any changes to the rule as result of these
comments.
Comment (10): We received numerous comments that claimed the
Service had not adequately addressed possible impacts of hunting and
sport fishing on endangered and threatened species, including both
short-term and long-term, direct and indirect effects, and the use of
lead ammunition and tackle. Some of these comments pointed to one or
more particular species.
Our Response: In compliance with section 7 of the ESA, every
station determined that their proposed actions would have either ``no
effect'' or were ``not likely to adversely affect'' endangered and
threatened species or designated critical habitat. We also determined
that the proposed action was not likely to jeopardize any proposed or
candidate species for listing as threatened or endangered. The ESA
requires Federal agencies to ensure that the actions they carry out,
fund, or authorize do not jeopardize the continued existence of
endangered or threatened species (listed species).
We disagree with the assertion of some commenters that any use of
lead ammunition or tackle in connection with opening and expanding
hunting and sport fishing on the refuges and hatcheries in this
rulemaking will impair endangered or threatened species. Each station
carefully evaluated possible impacts on endangered and threatened
species as part of the environmental compliance process. As discussed
above, on stations, where lead ammunition or tackle is allowed, we
found that the low number of hunters and anglers using lead ammunition
or tackle would result in no more than a negligible increase of lead in
the environment when compared to the lead ammunition and tackle being
used in the surrounding areas.
While there may be some minor, localized, and temporary (short-
term) impacts to endangered and threatened species as a result of
hunting or sport fishing activities, every station ensured
[[Page 56298]]
that these impacts were avoided, minimized and, in many cases, offset
through a variety of management activities. For example, in the past
ten years at Patoka NWR, as many as twelve endangered whooping cranes
(Grus americana) have begun using the refuge as a wintering site. The
whooping cranes primarily use Cane Ridge Wildlife Management Area,
which is closed to all public access. It is possible that whooping
cranes may use the main refuge, which is open to hunting, but
disturbance would be temporary. Hunting activity, including the use of
lead ammunition, is not expected to cause impacts at current or
anticipated levels of use and there is sufficient refugia for whooping
cranes adjacent to hunting areas. Given the size of the refuge with
relatively low numbers of hunters dispersed across a large area,
impacts from residual lead from spent ammunition is expected to be
minimal and not highly concentrated in any one area. The refuge also
encourages use of lead-free alternatives through educational materials
and removal of gut piles or whole harvested animals and spent shells.
Furthermore, whooping cranes are infrequent visitors to the huntable
portions of the refuge, thus, overlap of whooping cranes and residual
lead is unlikely. Refuge staff also educate hunters about the presence
of these protected birds and provide interpretive signs in the field of
other similar appearing species including snow geese, swans, white
pelicans, and sandhill cranes. No adverse effects to whooping cranes
from the conduct of hunts on Patoka NWR have been documented to date.
We did not make any changes to the rule as a result of these
comments.
Comment (11): We received several comments expressing concerns
about the impacts of lead ammunition on bald (Haliaeetus leucocephalus)
and golden eagles (Aquila chrysaetos) that are protected under the Bald
and Golden Eagle Protection Act of 1940 (BGEPA; 16 U.S.C. 668-668c).
The commenters noted that the BGEPA prohibits the ``take'' of either of
these species which includes the act of poisoning and asserted that the
use of lead ammunition or tackle would violate the law.
Our Response: We are not aware of any significant negative effects
on bald and golden eagles due to current hunting activities and we do
not expect this to change with the proposed increase in hunting
opportunities. On stations where lead ammunition or tackle is allowed,
we found that the number of hunters and anglers using lead ammunition
or tackle would result in no more than a negligible increase of lead in
the environment. As a result, we found there would be no significant
impact to the environment from the use of lead ammunition and/or tackle
for the station.
Every station reviews the impacts of these new or expanded hunting
and sport fishing opportunities, including the allowance or prohibition
of lead, under section 7 of the ESA and the BGEPA. The Service avoids
or minimizes possible impacts on eagles through mitigation measures
such as developing compatible hunting programs with carefully
delineated hunt units, limiting activities surrounding nesting sites
that may cause excessive loud noise, restricting access to identified
ground nesting sites, developing station-specific regulations, and
setting permit conditions that account for the local issues on site.
Many States have additional regulations and management
considerations in place to protect these species in addition to Federal
law. The Service works closely with the State wildlife agencies when
considering available opportunities in each area, to include re-
evaluating areas as needed based on ground conditions for healthy
population densities. Additionally, stations provide hunters with
brochures capturing requirements, clear signage, and hunter education
programming. Also see our response to Comment (12), below, for more
information about how the Service considers possible impacts to
migratory birds for openings and expansions of hunting and sport
fishing.
We did not make any changes to the rule as a result of these
comments.
Comment (12): We received several comments concerned with impacts
of this rule on migratory birds that are protected under the Migratory
Bird Treaty Act (MBTA; 16 U.S.C. 703 et seq.). A few of these
commenters were particularly concerned about those refuges whose
purposes include ``inviolate sanctuaries for migratory birds''. In
addition to these concerns, several comments specifically expressed
concern about potential impacts of the unintended ingestion of lead
ammunition and tackle residues on foraging migratory birds, including
long-necked waterbirds, but also other migratory birds that may forage
in upland areas where residual lead fragments could occur. Some of
these comments pointed to one or more particular species. Commenters
asserted that allowing the use of lead ammunition and/or tackle would
violate the MBTA.
Our Response: All of the migratory bird hunting opportunities on
Service lands are done within the frameworks set by the Service in
compliance with the MBTA. These frameworks set season lengths, bag
limits, and areas for migratory game bird hunting and ensure that
hunting will not have adverse impacts on the populations of the various
species of migratory birds through rigorous biological monitoring,
information collection, and data review. To determine the appropriate
frameworks for each species, the Service considers factors such as
population size and trend, geographical distribution, annual breeding
effort, the condition of breeding and wintering habitat, the number of
hunters, and the anticipated harvest. After frameworks are established
for season lengths, bag limits, and areas for migratory game bird
hunting, States may select season dates, bag limits, and other
regulatory options for the hunting seasons. States may always be more
restrictive in their selections than the Federal frameworks, but never
more permissive. For more information on this process, see the 2026-
2027 cumulative impacts report at <a href="http://www.regulations.gov">http://www.regulations.gov</a> under
Docket No. FWS-HQ-NWRS-2026-1223.
Our analysis in the cumulative impacts report of the expansion of
hunting of migratory game birds on Service lands through this rule
indicates that the proposed harvests, or intentional take, of each
species will constitute a negligible component of both national and
flyway harvest. Station-specific migratory game bird hunting
regulations are established within the above discussed frameworks and
in compliance with NEPA to ensure that adverse impacts will not
accumulate over time; thus, the harvest is expected to have a
negligible impact on migratory bird resources within NWRs or NFHs.
In addition to all hunting for migratory game birds being set
within this national framework, and as with all species hunted on
Service managed lands, each station must also ensure that the hunting
or sport fishing opportunity is compatible, or in the case of NFHs not
detrimental, with the purpose of that station and complies with
applicable provisions of NEPA, ESA, and other applicable laws and
policy before opening or expanding migratory bird hunting. This
thorough process ensures that the Service has analyzed the potential
impacts of the proposed hunting or sport fishing opportunity and
determined that the opportunity would not have a significant impact on
any migratory bird species, not just the targeted species.
A NWR may have multiple establishing purposes, including
[[Page 56299]]
inviolate sanctuary for migratory birds, depending on the acquisition
authorities used to purchase or acquire the land. Where inviolate
sanctuaries occur on NWRs, all uses must be evaluated for
appropriateness and, if necessary, compatibility. The language within
the Administration Act only applies to those lands with the designation
of inviolate sanctuary for migratory birds. Therefore, other uses
(e.g., big game hunting, hiking, auto tours, etc.) can be allowed as
long as they are compatible. When determining compatibility, the
Service must consider the requirements that the inviolate sanctuary
designation established.
In addition, NWRs with this designation will have to evaluate the
influence of uses occurring or potentially occurring on other portions
of the refuge and how they may affect the inviolate sanctuaries.
Although this designation sets a higher level of consideration, it is
clear that Congress intended for these areas to be considered for use
when compatible. As discussed previously, each station goes through
several different processes, including compatibility determinations,
NEPA compliance, and ESA compliance, to ensure that the hunting and
sport fishing opportunities proposed would have no significant impacts
on populations of migratory birds in compliance with the Service's
mandates under the MBTA, Administration Act, or other applicable laws
and policies. Compatibility determinations, NEPA and section 7 analyses
completed for the openings and expansions are available as part of the
supporting documents for the final rule and can be found in the Service
Catalog (ServCat) online application.
We disagree that the use of lead ammunition will violate the MBTA.
The potential for lead to threaten any species, including migratory
birds and eagles in particular because of their protection under these
statutes, is a key part of the NEPA and ESA analyses that are conducted
before the authorization of any hunting or sport fishing on a station
for which lead ammunition or lead sport fishing tackle is allowed (see
our responses to Comments (9) and (10), above). This ensures hunting
and sport fishing activities are compliant with these statutes. In
fact, the MBTA explicitly authorizes the Secretary of the Interior to
create regulations governing ``take'' for all of the migratory bird
species covered by the treaty, including eagles (16 U.S.C. 704(a)). The
promulgation of the hunting regulations in this rule under the
authority of the Secretary of the Interior means that the Secretary has
determined these hunting activities are compatible with the terms of
the MBTA and with the international conventions that are the basis for
the MBTA. Thus, the hunting regulations in this rule do not violate the
MBTA or the associated treaties.
We have clarified and/or discussed additional lead ammunition and
tackle impacts for certain migratory bird species brought to our
attention through public comments in station-specific NEPA documents
and the 2026-2027 cumulative impacts report, where appropriate.
We did not make any changes to the rule as a result of these
comments.
Comment (13): We received numerous comments expressing concern
about the Service having adequate funding and staffing, including law
enforcement officers, to administer our hunting and sport fishing
opportunities, as well as staff to monitor and adjust if negative
impacts from recreation activities are observed. Several commenters
specifically expressed concerns about the scale of the increased
recreational access from years of sustained staffing shortages, a high
percentage of resignations and early retirements since 2025, and
projected further decreases in funding for both the Refuge System and
the Hatchery System. Several commenters raised concerns about reduced
staff capacity and law enforcement preventing the Service from
detecting negative impacts on wildlife due to the use of lead
ammunition and/or tackle, and responding appropriately.
Our Response: We appreciate the concern of these commenters for
sufficient funding and staffing to safely and effectively develop and
administer hunting and sport fishing activities throughout the Refuge
System and Hatchery System, and to ensure that recreational uses remain
compatible with refuge purposes, or not detrimental to hatchery
operations. While we acknowledge that the loss of some staffing and
resources is a challenge for both the Refuge System and the Hatchery
System, we remain committed to opening and expanding as much hunting
and sport fishing access for the American people as we can.
Importantly, to comply with the Recreation Act (16 U.S.C. 460k-
460k-4) and Service policy (603 FW 2.12.A.(7); see <a href="https://www.fws.gov/policy-library/">https://www.fws.gov/policy-library/</a> 603fw2) station managers must 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 sport fishing regulations. Alignment with
State laws, especially regarding lead ammunition and/or tackle
regulations, as discussed in Comment (5) above, reduces confusion for
the public and clarifies enforceability. For all stations opening or
expanding hunting or sport fishing in this rule, we have determined
that we have retained adequate resources, including available funds and
personnel, to develop, operate, and maintain the proposed hunting and
sport fishing programs. Additionally, unstaffed stations are managed
and incorporated into a broader complex with other refuges and/or
partnered with State agencies for staffing and funding support,
enabling compatibility for hunting and sport fishing to continue. See
our responses to Comments (8) and (9), above, for additional discussion
of the compatibility determination process and NEPA compliance as it
pertains to all impacts associated with hunting and sport fishing,
including the use of lead ammunition and tackle.
We did not make any changes to the rule as a result of these
comments.
Comment (14): We received a large number of comments from both
environmental nongovernmental organizations and individual commenters
opposed to the decision not to implement phase outs on nine refuges
that would have gone into effect on September 1, 2026, if no action
were taken. Commenters critiqued the Service for not providing new
evidence to support a different conclusion from the previous decision
to codify phase outs in the 2022-2023 rule, that was based on the best
available science at that time. Commenters asserted that the rescission
of these phase outs would therefore be arbitrary and capricious under
the Administrative Procedure Act because an agency reversing a prior
determination must provide a reasoned explanation. Several commenters
further asserted that it would be arbitrary and capricious to reverse
lead ammunition and/or tackle restrictions in this proposed rule at
these nine stations
[[Page 56300]]
while retaining restrictions in place at other stations.
Our Response: The phase outs codified in the 2022-2023 rule were
reconsidered in an effort to align with State regulations. We also
considered cost and availability of lead-free ammunition but relied on
compatibility in our determinations for site-specific and species-
specific lead-free requirements. The use of lead ammunition and tackle,
like any other visitor activity, can only be allowed on a station if,
and only for as long as, the station applies the best available science
and sound professional judgment to find it compatible.
In response, the Northeast Association of Fish and Wildlife
Agencies commended the Service's proposed rule reversing the phase outs
in order to align with State regulations. Additionally, the Indiana
Division of Fish, Wildlife & Nature Preserves provided numerous
recommendations for further alignment with State regulations at Patoka
NWR. The phase out reversal also supports D.O. 233 and S.O. 3447.
Lead-free alternatives for certain calibers are still difficult to
obtain. At the time these phase outs were evaluated, we anticipated
further developments and efficiencies in manufacturing and increased
market demand would increase the availability and reduce the cost of
lead-free ammunition. However, these changes have not happened yet at a
scale that impacts the availability and cost in each of the states. In
fact, the overall availability and cost of lead-free alternatives
fluctuate dynamically, and in some cases the cost of lead-free
alternatives has increased since these phase outs were implemented in
2022. See also our response to Comment (6) for additional discussion
regarding the cost and availability of lead-free ammunition. Where
necessary for public safety and compatibility, we supplement State
regulations with more-restrictive Federal regulations to ensure that we
meet our management responsibilities. In reconsidering the phase outs,
we determined there was not a need for more-restrictive Federal
regulations at these refuges in regard to lead at this time. The
Service has determined the use will not materially interfere with or
detract from the refuge purpose or fulfillment of the mission to
protect the ecological integrity of the system at the nine phase out
refuges, but we will continue to consider restrictions based on site-
specific and species-specific scientific evidence at these stations in
future rules.
We did not make any changes to the rule as a result of these
comments.
Comment (15): In addition to comments received about the reversal
of lead phase outs at nine refuges that were codified in the 2022-2023
rulemaking, we also received several comments regarding the removal of
lead ammunition and tackle restrictions at other refuges. Some
commenters expressed support for removing these restrictions. Other
commenters expressed opposition to these changes and asserted that the
decision to reverse lead restrictions at these particular stations,
while simultaneously retaining lead restrictions at other stations, was
arbitrary and capricious and not supported by any new scientific
evidence or analysis.
Our Response: We disagree with the comments that it is arbitrary
and capricious to reverse lead restrictions at some stations while
retaining lead restrictions at other stations. Some stations have
retained station-specific regulations requiring the use of lead-free
ammunition or tackle, where it has been found compatible and aligns
with State regulations, nearby State-managed lands, wetland areas
important to waterfowl, or based on other site-specific concerns. Each
station carefully evaluated possible impacts to the environment,
including to endangered and threatened species, as part of the NEPA
process. On stations where lead ammunition or tackle is allowed, we
found that the number of hunters and anglers using lead ammunition or
tackle would result in no more than a negligible increase of lead
residue in the environment. As a result, we found there would be no
significant impact to the environment from the use of lead ammunition
and/or tackle for the station. Stations in the rule that retained lead
restrictions demonstrate the thoroughness of analysis that was taken to
appropriately apply lead restrictions where there are legitimate
reasons to maintain the restriction. Reversal on lead restrictions is
in alignment with S.O. 3447.
We are committed to aligning with State regulations when possible,
increasing consistency for stations within the same State, or complex,
and removing unnecessary regulatory burdens on the hunting and sport
fishing public. These updates to hunting and sport fishing programs are
determined to be compatible based on site-specific evaluations, which
are included in the supporting documents that are publicly available in
in the Service Catalog (ServCat) online application. See also our
responses to Comments (5), (8), (9), and (10), above.
We did not make any changes to the rule as a result of these
comments.
Comment (16): In the proposed rule, we solicited comments on
whether to promulgate a lead-free requirement at Canaan Valley NWR,
which already had a requirement for lead-free hunting at the Big Cove
Unit. Many commenters expressed support for a refuge-wide lead-free
requirement. The supportive commenters noted that the Service used the
best available science to support the decision to phase out lead at the
Big Cove Unit and asserted that it would be arbitrary and capricious to
reverse this decision. However, the State of West Virginia expressed
opposition to lead-free requirements at the refuge that are not in
alignment with State regulations and instead was supportive of removing
these requirements. A smaller number of individual commenters,
primarily hunters, also requested that the Service remove the lead-free
requirement noting the burdens that these additional regulations impose
on hunters.
Our Response: After considering the comments received, we have
removed the lead-free requirement that was previously implemented at
the Big Cove Unit of Canaan Valley NWR. The regulations for Canaan
Valley NWR with respect to the use of lead ammunition now reflect
alignment with regulations for the State of West Virginia. This is the
preferred alternative that was identified in the environmental
assessment due to the findings of few additional hunters in a large
hunt area, the amount of lead used every year continuing to decline as
many hunters are voluntarily switching to lead-free ammunition, and low
levels of additional hunt use days. This decision supports our
commitment to provide as many hunting and sport fishing opportunities
for the American people as we can and to remove overly burdensome
regulations. See also our responses to Comments (5), (8), (9), (10),
(14) and (15), above.
Comment (17): We received a small number of comments expressing
concern about opening and expanding opportunities for hunting of
predator species within the Refuge System. Some commenters alleged that
we did not give enough consideration to the impacts that may be
incurred as a result of this practice, which conflicted with the
Service's mandates under the Administration Act to maintain the
biological integrity, diversity, and environmental health of the
refuge.
Our Response: Station managers consider predator management
decisions on a case-by-case basis. As with all species, a station
manager makes a decision about managing predator populations, which are
[[Page 56301]]
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 station manager must ensure that these actions do not
threaten the integrity, diversity, or health of the refuge ecosystem.
The manager must also determine that the action is compatible with
station 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 station manager analyzes the impacts of
the actions on the environment through the NEPA process and section 7
of the ESA. Therefore, a station manager must take many steps to ensure
that any opportunity for hunting predators on a refuge meets the
Service's applicable laws and policies.
The Administration Act, as amended, also mandates that regulations
permitting hunting or sport 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. All
hunting and sport fishing determinations, to include those involving
predators, are only made after careful consideration by the station
manager to ensure that such actions would not threaten the integrity,
diversity, and overall health of the ecosystem and are compatible with
both the purpose of the station and the mission of the Refuge System.
For NFHs, the hatchery manager makes the decision that such
opportunities are not detrimental to the propagation of fish, wildlife,
or aquatic species (50 CFR 70.1). Finally, both the NEPA process and
the rulemaking process provide the opportunity for the public to
provide comments and any additional information on impacts of our
actions. We considered the additional information provided from the
public on this issue from the public comment period and determined that
they did not affect our initial determinations that these small and
minor opportunities for hunting predators on specific refuges or
hatcheries 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 also received numerous comments expressing the
concern that ``trophy hunting'', trapping, baiting, and hounding to
pursue predators are viewed as unethical practices that provide hunters
with an unfair advantage. Additional commenters expressed concern that
these activities may unintentionally harm non-target wildlife species
and are inappropriate uses on Service managed lands.
Our Response: The Service does not attempt to define or authorize
``trophy hunting'' in any of our laws, regulations, or policies
concerning hunting. We follow State hunting and sport fishing
regulations, except for where we determine it is necessary to be more
restrictive on individual stations, including State regulations
concerning responsible hunting, or prohibitions on wanton waste
(defined as ``to intentionally waste something negligently or
inappropriately''). We only allow hunting on refuges and hatcheries
when we have determined that the opportunity is sustainable and
compatible.
The use of dogs for hounding is prohibited on refuges by 50 CFR
26.21(b) unless authorized by station-specific regulations, and many
stations only authorize the use of dogs for retrieval of migratory
birds, upland game birds, and small game. Most stations that allow dogs
require the dogs to be under the immediate control of the hunter at all
times or leashed unless actively retrieving an animal. There are also
some hatcheries that allow hounding. All of them do so in order to
provide complete consistency with State regulations in the interest of
effective law enforcement, as the hatcheries that allow this activity
are small and are only providing access on their land for hounding
because they are surrounded by State lands that allows this practice.
In cases where there may be concerns with use of dogs impacting the
management and purpose of the hatchery, those hatcheries have also been
closed to hounding. In States where baiting is allowed, some stations
have elected to be more restrictive and not support this method of
hunting.
Trapping is not a valid method of take as part of hunting programs
in the Refuge System. Under the Improvement Act, trapping is not
considered a priority wildlife-dependent recreational use of the Refuge
System. Trapping on refuges is generally only implemented to accomplish
specific wildlife management objectives. These objectives vary between
stations and are often an essential tool in meeting refuge management
objectives (e.g., trapping of predators may be necessary to accomplish
waterfowl production objectives or to protect an endangered species).
We did not make any changes to the rule as a result of these
comments.
Comment (19): We received several comments advocating for increased
falconry opportunities on Federal lands. One commenter was opposed to
allowing falconry on NWRs, specifically at Laguna Atascosa NWR.
Our Response: We allow hunting of resident wildlife on NWRs only 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. Service policy, as outlined in our
Service manual at 605 FW 2.7.M. (Special Hunts), stipulates, ``We will
address special types of hunts, such as falconry, in the hunt section
of the visitor service plan (VSP).'' In other words, each station
manager, when developing their step-down VSP (which would include a
hunt plan, if appropriate) from their CCP, must first determine if
hunting is compatible. Assuming it is found to be compatible, the
station manager would next determine the conduct of the hunt, which
might include the use of falconry. A station manager has discretion to
restrict hunting and types of hunting, including falconry, if, for
example, endangered or threatened species are present, the cumulative
impacts of a type of hunt have not been analyzed or are not available,
or if a type of special hunt is not compatible with the station's
purpose. The MBTA sets the regulatory baseline for falconry in the
United States (50 CFR 21.82), outlining standards for states to allow
falconry. Station-specific hunting regulations, including falconry, can
be more restrictive (but not more permissive) than State regulations
and often are more restrictive to help meet specific station
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 station management activities, and protecting public safety. Thus,
this issue is decided individually on a station-by-
[[Page 56302]]
station basis. The Service remains committed to opening hunting
methods, including falconry and especially those methods allowed by
State regulations, whenever it is possible to do so at a given station
in a manner consistent with all purposes and objectives of the station,
in the professional judgment of the station manager.
In response to the comment opposing falconry on Laguna Atascosa
NWR, falconry is not a proposed method of take at this time.
We did not make any changes to the rule as a result of these
comments.
Comment (20): One commenter raised concerns that the proposed
increase in hunting recreation at Cedar Point NWR would violate a deed
restriction with the explicit provision that it ``Not be used as a
public park, campground, or picnic area'' and that it would violate
inviolate sanctuary requirements.
Our Response: The proposed hunting opportunities at Cedar Point NWR
comply with the provisions outlined in the 1964 deed and subsequent
deeds and related documents. The 1964 deed to the United States, signed
December 18, 1964, and recorded December 21, 1964, at Volume 1867 Page
568 in Lucas County, contained a reversionary clause with the condition
that the property would revert to the prior owner if it ``ceased to be
used for wildlife conservation purposes.'' This clause was initially
deemed problematic for the acquisition, as were some of the poorly
written legal descriptions. There was subsequent correspondence with
the Department of Justice about the reversionary clause and the need
for a correction deed. The United States was ultimately allowed to
acquire the property subject to the reversionary language after a
correction deed was issued in 1967, signed November 13, 1967, and
recorded March 14, 1968, at Volume 1936 Page 187 in Lucas County, on
the condition that the NWR not build any permanent structures or
improvements (other than water management and water control
infrastructure). Allowing hunting is consistent with ``wildlife
conservation purposes'' as hunting is one of the six primary wildlife-
dependent recreational uses of National Wildlife Refuge System lands.
In reviewing the acquisition file, the intent of the reversionary
clause was to ensure that the property being donated by the hunting
club, through the North American Wildlife Foundation, would become a
National Wildlife Refuge. There are no terms in any recorded
instruments that the Service has been able to locate that would
prohibit hunting on the property. There are no plans or intentions in
the 2026-2027 hunt proposal to utilize areas open to hunting as a
public park, campground, or picnic area.
The proposed modifications comply with requirements for hunting
within a refuge designated as an inviolate sanctuary pursuant to 16
U.S.C 715d. Cedar Point NWR encompasses 2,445.42 acres, of which
2,245.42 acres are classified as inviolate sanctuary. The Service
authorizes up to 40 percent of this designated sanctuary area to be
available for migratory bird hunting. As part of the final rule, we
open 852 acres of this area to migratory bird hunting, while 1,541
acres remain closed to migratory bird hunting. This allocation does not
exceed the permitted 40 percent threshold, thereby ensuring compliance
with inviolate sanctuary provisions.
We did not make any changes to the rule as a result of these
comments.
Comment (21): We received several comments about the proposed
opening of jackrabbit hunting at Malheur NWR, related to the health of
black-tailed jackrabbit (Lepus californicus) populations, as well as
golden eagle populations. Commenters noted that golden eagles in the
Great Basin are in decline, and highlighted the importance of
jackrabbits as a food source for the eagles, and the importance of
Malheur NWR to populations of both species. One commentor has
participated in a 10-year study of golden eagle nesting across the
state of Oregon, and currently monitors about 100 sites annually,
including 30 golden eagle nests on or immediately adjacent to Malheur
NWR that have territories overlapping the NWR. He provided data showing
that only four of these sites produced young this year, and that none
on the NWR had successful nests, representing the lowest nesting
success since 1990 and likely the lowest since monitoring began in the
1940s. Finally, they raised concerns about the use of lead ammunition
and impacts to the golden eagle population from consuming residual lead
fragments, given the importance of jackrabbits as a primary food
source. Based on these observations they assert that low jackrabbit
numbers are the primary reason for low nest success.
Our Response: We acknowledge that black-tailed jackrabbits serve as
an important food source for golden eagles, whose nesting success is
closely tied to the abundance of these rabbits. Jackrabbit populations
are known to fluctuate significantly over time. There are no statewide
surveys or mandatory hunt reporting for jackrabbit, and at Malheur NWR,
no recent surveys of jackrabbit have been conducted. Both cottontail
and jackrabbit numbers have declined across the western United States
in recent decades likely due to factors like habitat changes, drought,
predation, and disease. Although Oregon allows year-round hunting and
considers populations stable, refuge staff at Malheur NWR have observed
consistently low jackrabbit numbers, which appear to follow broader
regional trends. See Comment (11) for additional discussion on how the
Service considered possible impacts to eagles.
As a result of these comments and additional site-specific data,
Malheur NWR will not open to hunting jackrabbit in the final rule. No
other changes were made in response to these comments. The existing
hunt for cottontail rabbit remains an available hunting opportunity at
the station.
Comment (22): Numerous commenters raised concerns about increasing
hunting access at Theodore Roosevelt NWR Complex. Several commenters
expressed concern regarding recent overcrowding, public safety issues,
and reduced hunt quality, noting a lack of staff and law enforcement to
administer the current hunt program. One commenter raised additional
concerns including (1) lack of baseline data on wildlife, habitat, and
public use; (2) lack of clear triggers for reducing hunting if negative
impacts are detected; (3) insufficient law enforcement to protect
sensitive habitat and prevent poaching or overharvesting.
Our Response: Staff continue seeking opportunities to collect data,
implement justified management changes, and secure additional law
enforcement support. The NWR Complex also partners with State agencies
to solicit their input and work closely with State conservation
officers to help address the limited Federal law enforcement presence.
Toll-free numbers are available for reporting violations, and NWR
signage is updated as needed to inform hunters and anglers. Staff
remain available to speak with individuals who have observed potential
violations and will route information to the appropriate law
enforcement officer for follow-up. Efforts to expand enforcement
capacity are ongoing. If negative impacts are documented, refuges may
temporarily close areas on a case-by-case basis and at the local level,
when warranted. See Comment (13), above, for discussion of how station
managers adaptively manage hunting and sport fishing to avoid
unacceptable impacts.
We did not make any changes to the rule as a result of these
comments.
Comment (23): Several commenters expressed concern about equipment
[[Page 56303]]
authorized for use during hunting activities at Theodore Roosevelt NWR
Complex. Firstly, several commenters raised concerns regarding the use
of e-bikes, including observed disturbance to wildlife, impacts to
infrastructure, damage to habitat, impacts on public safety, and
reduced quality of hunting. The commenters suggested that e-bikes
should be restricted to designated all-terrain vehicle (ATV) routes.
Secondly, one commenter expressed concern regarding motorboat use, and
specifically loud noise disturbing waterfowl. The commenter noted that
although waterfowl hunting is restricted after 1 p.m. to limit
disturbance, motorboats used by other hunters after 1 p.m. still
impacts waterfowl.
Our Response: We acknowledge concerns about e-bikes, including
misuse, habitat impacts, and risks to public safety, all of which have
informed the need for strengthened regulations. Prior to this final
rule, they are allowed to go anywhere across the NWR. The changes to
these regulations reflect the NWR's commitment to addressing these
issues through a clearer, more enforceable framework governing e-bike
access across the NWR Complex. All traditional bikes and e-bikes (in
pedal-assist mode) must stay on maintained roads, trails, turnrows,
fire lanes, power lines, pipelines, levees/earthen dams/dikes, or
designated ATV/utility-type vehicle (UTV) trails. This changed
management action will significantly reduce wildlife disturbance,
damage to habitat, reduce user conflicts, and potentially improve
hunting quality by governing where bicycles and e-bikes can go.
The NWR Complex manages potential noise impacts from motorboats and
other hunting activities by designating waterfowl sanctuary areas which
are seasonally closed to all public access. Closure dates are published
in the Mississippi Department of Wildlife, Fisheries, and Parks Outdoor
Digest. Sanctuary areas remove all disturbance and provide the greatest
benefit to waterfowl. While some disturbance may result from big game
and upland game hunts, these activities generally occur in upland
habitats or away from waterfowl areas.
In any case of disturbance, including e-bikes and motorboats, areas
may be temporarily closed if negative impacts to wildlife and
infrastructure are documented.
We did not make any changes to the rule as a result of these
comments.
Comment (24): Multiple commenters raised concerns about the
proposed increased hunting access at Panther Swamp NWR specifically,
within the Theodore Roosevelt NWR Complex. The concerns raised
included: overcrowding, safety concerns, insufficient law enforcement,
habitat degradation, reduced deer numbers, increases in feral hog
populations and risks of chronic wasting disease transmission to deer
associated with hogs.
Our Response: Overcrowding and safety are often managed through
limited draw hunts, which may limit the number of participants, method
of take (e.g., archery, firearms) or age (e.g., youth or senior). The
changes to regulations at Panther Swamp NWR in this rule will reduce
the number of hunters afield during a single hunt. Specifically, the
limited muzzleloader draw hunt will be extended to another weekend for
senior hunters. This change will maintain the same number of
opportunities but will reduce the number of hunters afield per day,
thus minimizing overcrowding and burden on law enforcement resources.
See our response to Comment (13), above, for more discussion on
staffing and capacity.
Habitat degradation, population, and disease issues related to
white-tailed deer are cooperatively managed with the Mississippi
Department of Wildlife, Fisheries, and Parks and monitored to ensure no
long-term negative impacts occur. Hunting remains a critical tool used
to protect habitat for over-population of both native and non-native
wildlife. Feral swine damage management is cooperatively addressed
through public hunting, contractor involvement, and coordination with
the U.S. Department of Agriculture.
We did not make any changes to the rule as a result of these
comments.
Comment (25): We received one comment expressing concern about
expanded waterfowl hunting access at Julia Butler Hansen Refuge for the
Columbian white-tailed deer questioning whether these opportunities are
compatible with refuge purposes that include recovery of Columbian
white-tailed deer (Odocoileus virginianus leucurus).
Our Response: Waterfowl hunting at Julia Butler Hansen Refuge for
the Columbian white-tailed deer was analyzed in the 2010 CCP and EIS. A
Compatibility Determination for hunting on four islands, including
Crims and Price Islands, found it compatible with NWR purposes, since
waterfowl hunting occurs along shorelines and sloughs--not in the
interior habitat of the Columbian white-tailed deer. The proposed
waterfowl hunting expansion implements the Crims and Price Islands
access specified in the 2010 CCP and EIS. See our response to Comment
(8), above, for more discussion about our compatibility process.
We did not make any changes to the rule as a result of these
comments.
Comment (26): Several commenters raised concerns about proposed
additional recreation access at Cahaba NWR, given that the refuge is
currently unstaffed and the CCP completed several years ago noted lack
of staff and law enforcement as an obstacle to effective management.
Our Response: As discussed in Cahaba NWR's Hunting Compatibility
Determination, Cahaba River NWR is part of the Wheeler NWR Complex, and
its management is carried out using existing staff, funding, equipment,
and facilities through Mountain Longleaf NWR, an established refuge
within the Wheeler NWR Complex. Hunting opportunities at Cahaba River
NWR are supported by extensive contributions from staff, volunteers,
and partners--most notably through a longstanding partnership with the
Alabama Department of Conservation and Natural Resources' William R.
Ireland, Sr.--Cahaba River Wildlife Management Area. See our response
to Comment (8), above, for more discussion about our compatibility
process and Comment (13), above, for more discussion on staffing and
capacity.
We did not make any changes to the rule as a result of these
comments.
Comment (27): One commenter expressed concern about the impacts of
discarded waste associated with hunting activities, including litter,
on Camas NWR and the potential impacts to the refuge environment and
other visitors to the refuge.
Our Response: It is illegal to abandon property or dispose of waste
on a refuge (see 50 CFR 27.93 and 27.94), whether hunting-related or
not. Camas NWR has been open to waterfowl and upland game bird hunting
for decades and has been open to elk hunting since 2021. Staff have
observed no issues with littering or trash dumping associated with
hunting.
We did not make any changes to the rule in response to these
comments.
Changes From the Proposed Rule
Based on consultation with States and other partners, comments we
received on the proposed rule, and comments we received on NEPA
documents for individual refuges and hatcheries, we made a number of
changes between the proposed rule and this final rule, some of which
have been discussed above under the Summary of Comments and Responses.
The summary below describes changes made to the CFR
[[Page 56304]]
language at the following National Wildlife Refuges and National Fish
Hatcheries.
We corrected the CFR to include Bandon Marsh NWR, Green Lake NFH,
and Holt Collier NWR, which were omitted by error from the proposed
rule. Bandon Marsh NWR expanded snipe hunting to additional acres and
the CFR for the station was simplified to allow the same species to be
hunted on two units of the refuge. Green Lake NFH in Maine is opening
hunting for the very first time and Holt Collier NWR regulations are
rewritten to more closely match other refuges within the State of
Mississippi. These stations were listed in the proposed rule in
Attachment A detailing all openings and expansions. The hunt plans and
compliance documents for each station were also included in the
supporting documents available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket
No. FWS-HQ-NWRS-2026-1223 and underwent public review during the
proposed rule comment period.
Modifications to the list of huntable species were made for
selected field stations in the final rule. At Minnesota Valley NWR, we
added badgers and unprotected wild animals (designated by the State) as
huntable species to align with the State of Minnesota regulations. We
added hunting for Eurasian collared dove at Umatilla NWR in Oregon. We
made an administrative change at Bowdoin NWR adding big game to the CFR
as it had already been open in the past but not codified. At Malheur
NWR, rabbit hunting was clarified by adding the word ``cottontail'' and
removing ``hare''--this clarifies that jackrabbit hunting is not
authorized on this station. At Shiawassee NWR, we removed bear from the
list of huntable species, in coordination with the State of Michigan.
The inclusion of bear at Shiawassee NWR in the proposed rule was an
error, and this opportunity was not included in the hunt plan or other
supporting compliance documents that went out for public review.
We made other adjustments to hunting and sport fishing
opportunities at some stations, such as the locations, season dates,
hours, and authorized equipment. We removed only allowing archery and
muzzleloader hunting for white-tailed deer at the Driftless Area
Wetland Management District (WMD) to align method of take with State
regulations. At Kootenai NWR and J. Clark Salyer NWR, we removed the
nontoxic shot requirement. Also, at J. Clark Salyer NWR, we updated
hunt area locations. At Upper Souris NWR, we updated hunt units and
dates for sharp-tailed grouse, Hungarian partridge, and ring-necked
pheasant to avoid conflicts with other hunting opportunities. At
Wallkill NWR, we removed the specific night hunting hours as well as
the nontoxic ammunition requirement for big game.
We also made some other changes to the administration of hunting.
For the refuges in the State of Illinois, we edited the tree stand
provision to be consistent across the State at each station.
Additionally, at Neal Smith NWR, we clarified that the bison/elk
enclosure is closed to sport fishing. For Crab Orchard NWR, the
Managers Pond unit was removed from the authorized sport fishing area.
At Hackmatack NWR in Wisconsin, provisions were added to clarify sport
fishing hours and sport fishing devices. At Northern Tallgrass Prairie
NWR and Neal Smith NWR a provision prohibiting deer drives was removed.
At Union Slough NWR, Northern Tallgrass NWR, and Iowa WMD, the
prohibition on gas motors was removed. At Cypress Creek NWR, we removed
the prohibition on the use of two poles per angler and two hooks per
pole for sport fishing.
The Service also made several other changes for consistency,
clarity, or to reduce unnecessary regulatory burdens on hunters and
anglers. Finally, we also made various nonsubstantive, editorial
corrections and clarifying revisions throughout the rule. These changes
ensure clarity and accuracy for the benefit of the public in relying on
the regulatory text and the benefit of the stations in administering
the regulations.
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 May 27, 2026, proposed rule (91 FR
31580). 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
otherwise prohibit. Therefore, pursuant to 5 U.S.C. 553(d)(1), this
rule is immediately effective upon the date of its filing at the Office
of the Federal Register.
Amendments to Existing Regulations
This document codifies changes to hunting and sport fishing
regulations for the Refuge and Hatchery Systems that will be effective
beginning with the 2026-2027 hunting/fishing season. This rule better
informs the general public of the regulations at each station, will
increase understanding and compliance with these regulations, and will
make enforcement of these regulations more efficient. In addition to
publishing the revised regulations in 50 CFR parts 32 and 71, visitors
to our stations may find them reiterated in literature distributed by
each station or posted on signs. Attachment A: Openings and Expansions
for the 2026-2027 Hunting/Sport Fishing Season, provided in the
supporting documents in Docket No. FWS-HQ-NWRS-2026-1223 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>, summarizes the increased access to hunting and
sport fishing opportunities at each of the 111 field stations, and
specifically denotes the openings and expansions of migratory bird
hunting, upland game hunting, big game hunting, and/or sport fishing,
respectively, on each station. Refuges that have never previously been
open to either hunting or sport fishing are also added to revised text
for each state at Sec. 32.7 of Title 50 of the CFR.
The changes for the 2026-2027 season are based on a complete
administrative record, which includes a hunt plan, a compatibility
determination (for refuges), and the appropriate NEPA (42 U.S.C. 4321
et seq.) analysis, all of which were the subject of a public review and
comment process. The record also includes the appropriate ESA (16 U.S.C
1531 et seq.) analysis. These documents are available upon request, see
FOR FURTHER INFORMATION CONTACT, above.
Special Topics in This Rulemaking Related to Lead Use
In 2022 and 2023, the Service finalized regulations requiring the
use of non-lead shot shells, single-fire ammunition, and/or fishing
tackle at nine NWRs (87 FR 57108, September 16, 2022, and 88 FR 74050,
October 30, 2023). These regulations, summarized in table 1, below,
were scheduled to go into effect on September 1, 2026. With this final
rule, we rescind these regulations, see Corrections to 2022-2023 and
2023-2024 Final Rules, below.
[[Page 56305]]
Table 1--Non-Lead Ammunition and Tackle Regulations for Nine NWRs
------------------------------------------------------------------------
Previously finalized
State National wildlife regulation, now
refuge rescinded
------------------------------------------------------------------------
Indiana....................... Patoka River NWR. You may only use or
possess
approved non-lead
shot shells,
ammunition, and
tackle while in the
field (87 FR 57108 at
57129, September 16,
2022).
Maine......................... Great Thicket NWR You may only use or
possess
approved non-lead
shot shells,
ammunition, and
tackle while in the
field (88 FR 74050 at
74064, October 30,
2023).
Maine......................... Rachel Carson NWR You may only use or
possess approved non-
lead shot shells,
ammunition, and
tackle while in the
field (88 FR 74050
at 74064, October
30, 2023).
Maryland...................... Blackwater NWR... You may only use or
possess approved non-
lead shot shells,
ammunition, and
tackle while in the
field (88 FR 74050
at 74064, October
30, 2023).
Maryland...................... Eastern Neck NWR. You may only use or
possess
approved non-lead
shot shells,
ammunition, and
tackle while in the
field (88 FR 74050 at
74064, October 30,
2023).
Maryland...................... Patuxent Research You may only use or
Refuge. possess
approved non-lead
shot shells,
ammunition, and
tackle while in the
field (88 FR 74050 at
74064, October 30,
2023).
Pennsylvania.................. Erie NWR......... You may only use or
possess
approved non-lead
shot shells,
ammunition, and
tackle while in the
field (88 FR 74050 at
74065, October 30,
2023).
Virginia...................... Chincoteague NWR. You may only use or
possess
approved non-lead
shot shells and
ammunition while in
the field (88 FR
74050 at 74066,
October 30, 2023).
Virginia...................... Wallops Island You may only use or
NWR. possess
approved non-lead
shot shells,
ammunition, and
tackle while in the
field (88 FR 74050 at
74066, October 30,
2023).
------------------------------------------------------------------------
Additionally, the Service is rescinding a lead-free ammunition
requirement for the Big Cove unit at Canaan Valley NWR in West
Virginia. In the proposed rule, the Service requested comments on the
use of lead ammunition at the refuge, and whether or not the Service
should promulgate a lead-free requirement for hunting on the entire
Canaan Valley NWR, with immediate or delayed effect (i.e., a phase
out). See Comment (16) and our response above.
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 (E.O.s 12866, 13563, and 14192)
E.O. 12866 provides that the Office of Information and Regulatory
Affairs (OIRA) in the OMB will review all significant rules. OIRA has
determined that this rule is significant.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for
improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to 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
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.
This final rule is an E.O. 14192 deregulatory action. This rule
includes more than 1,000 modifications to the 50 CFR parts 32 and 71,
including simplifying and deleting provisions to reduce regulatory
burden on the public as directed by S.O. 3447 and D.O. 233. This rule
also opens and/or expands hunting or fishing on field stations which
will increase visitor use for wildlife-dependent recreation.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
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; 5 U.S.C. 801 et seq.), whenever a Federal agency is
required to publish a notice of rulemaking for any proposed or final
rule, it must prepare and make available for public comment a
regulatory flexibility analysis that describes the effect of the rule
on small entities (i.e., small businesses, small organizations, and
small government jurisdictions). However, no regulatory flexibility
analysis is required if the head of an agency certifies that the rule
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)).
[[Page 56306]]
SBREFA amended the RFA 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 final rule opens or expands hunting or fishing on 111 FWS
stations. For the full statement of the anticipated economic impact of
this increased recreational access for hunters and anglers through
changes in participation and associated changes to local economic
activity around the individual stations, please see the supporting
document ``Attachment B: Regulatory Flexibility Act Economic Analysis''
in Docket No. FWS-HQ-NWRS-2026-1223 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The
Attachment B analysis details that the maximum estimate for the
potential impact of added hunter and angler spending on local economies
is approximately $2.2 million annually, with less than one-tenth of 1
percent for local retail trade spending. With the small change in
overall spending anticipated from this action, 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 RFA (5 U.S.C.
601 et seq.). A regulatory flexibility analysis is not required.
Accordingly, a small entity compliance guide is not required.
Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.)
Since this rule will apply to public use of federally owned and
managed refuges, it would not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The final 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 final rule would not have
significant takings implications. This final rule would affect only
NWRS and NFHS visitors and would describe what 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 final rule would not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement under E.O. 13132. In preparing this final
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 final rule would not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the E.O.
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 final rule would open or
expand hunting at 111 stations, it is 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 NFHs with
Tribal governments having adjoining or overlapping jurisdiction before
we propose regulations.
Paperwork Reduction Act (PRA)
This rule contains existing collections of information. All
information collections require approval by the OMB under the Paperwork
Reduction Act of 1995 (PRA; 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. The OMB has reviewed and approved the information
collection requirements associated with hunting and sport fishing
activities across the National Wildlife Refuge System and National Fish
Hatchery System and assigned the following OMB control numbers:
<bullet> 1018-0140, ``Hunting and Sport Fishing Application Forms
and Activity Reports for National Wildlife Refuges and National Fish
Hatcheries, 50 CFR 25.41, 25.43, 25.51, 26.32, 26.33, 27.42, 30.11,
31.15, 32.1 to 32.72, 71'' (Expires 12/31/2028),
<bullet> 1018-0102, ``National Wildlife Refuge Special Use Permit
Applications and Reports, 50 CFR 25, 26, 27, 29, 30, 31, 32, & 36''
(Expires 05/31/2029),
<bullet> 1018-0135, ``Electronic Federal Duck Stamp Program''
(Expires 06/30/2028),
<bullet> 1018-0093, ``Federal Fish and Wildlife Permit Applications
and Reports-Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23''
(Expires 08/31/2029), and
<bullet> 1024-0252, ``The Interagency Access Pass and Senior Pass
Application Processes'' (Expires 10/31/2027).
In accordance with the PRA and its implementing regulations at 5
CFR 1320.8(d)(1), we provided the general public and other Federal
agencies with an opportunity to comment on our intent to ask OMB to
approval an extension without change to OMB Control Number 1018-0140.
As part of our continuing effort to reduce paperwork and respondent
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the
public and other Federal agencies to comment on any aspect of this
proposed information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
The existing reporting and/or recordkeeping requirements identified
below require approval by OMB if DOI continues the collection beyond
12/31/2028 or if DOI exceeds the currently approved burden estimate:
Form 3-2358, ``Sport Fishing-Shrimping-Crabbing Permit
Application''--Form 3-2358 collects the following information:
<bullet> Date of application: We often have application deadlines,
and this information helps staff determine the order in which we
received the
[[Page 56307]]
applications. It also ensures that the information is current.
<bullet> State fishing license number: We ask for this information
to verify the applicant is legally licensed by the State (where
required).
<bullet> Permit type: On sport fishing permits, we ask what type of
activity (crabbing, shrimping, crabbing, frogging, etc.) is being
applied for.
<bullet> Applicant information: We collect name, address, phone
number(s), and email so we can contact the applicant/permittee either
during the application process or after receiving a permit.
<bullet> Signature and date: To confirm that the applicant (and
parent/guardian, if a youth hunter) understands the terms and
conditions of the permit.
Form 3-2405 ``Self-Clearing Check-In/Out Permit''--Form 3-2405 has
three parts:
1. Self-Clearing Daily Check-in Permit. Each user completes this
portion of the form (date of visit, name, and telephone numbers) and
deposits it in the permit box prior to engaging in any activity on the
refuge.
2. Self-Clearing Daily Visitor Registration Permit. Each user must
complete the front side of the form (date, name, city, State, zip code,
and purpose of visit) and carry this portion while on the refuge. At
the completion of the visit, each user must complete the reverse side
of the form (number of hours on refuge, harvest information (species
and number), harvest method, angler information (species and number),
and wildlife sighted (e.g., black bear and hog)) and deposit it in the
permit box.
3. Self-Clearing Daily Vehicle Permit. The driver and each user
traveling in the vehicle must complete this part and display in clear
view in the vehicle while on the refuge.
Form 3-2405 collects:
<bullet> Information on the visitor (name, address, and contact
information). We use this information to identify the visitor or
driver/passenger of a vehicle while on the refuge. This is extremely
valuable information should visitors become lost or injured. Law
enforcement officers can easily check vehicles for these cards in order
to determine a starting point for the search or to contact family
members in the event of an abandoned vehicle. Having this information
readily available is critical in a search and rescue situation.
<bullet> Purpose of visit (hunting, sport fishing, wildlife
observation, wildlife photography, auto touring, birding, hiking,
boating/canoeing, visitor center, special event, environmental
education class, volunteering, other recreation). This information is
critical in determining public use participation in wildlife management
programs. This not only allows the refuge to manage its hunt and other
visitor use programs, but also to increase and/or improve facilities
for non-consumptive uses that are becoming more popular on refuges.
Data collected will also help managers better allocate staff and
resources to serve the public as well as develop annual performance
measures.
<bullet> Total number of hunt days on the refuge (at the conclusion
of their hunting activities). Refuge management will use this
information to monitor and evaluate hunt quality and resource impacts.
<bullet> Success of harvest by hunters/anglers (number and type of
harvest/caught). This information is critical to wildlife management
programs on refuges. Each refuge will customize the form by listing
game species and incidental species available on the refuge, hunting
methods allowed, and data needed for certain species (e.g., for deer,
whether it's a buck or doe and the number of points; or for turkeys,
the weight and beard and spur lengths).
<bullet> Whether or not visitors observed black bear or hogs, for
example. This information will help managers develop annual performance
measures for hog removal, and it provides information to help develop
resource management planning.
<bullet> Photograph of animal harvested (specific refuges only).
This requirement documents the sex of animal prior to the hunter being
eligible to harvest the opposite sex (where allowed).
<bullet> Date of visit and/or area visited.
<bullet> Comments. We encourage visitors to comment on their
experience.
Refuges may customize Form 3-2405 to remove questions identified
above which are not applicable to their site. However, they may not add
new questions not approved by OMB.
Form 3-2439, ``Hunting Application/Permit''--Form 3-2439 collects
the following information:
<bullet> Lottery application: Refuges who administer hunting via a
lottery system use Form 3-2439 as the lottery application. If the
applicant is successful, the completed Form 3-2439 also serves as their
permit application, avoiding a duplication of burden on the public
filling out two separate forms.
<bullet> Date of application: We often have application deadlines,
and this information helps staff determine the order in which we
received the applications. It also ensures that the information is
current.
<bullet> Methods: Some refuges hold multiple types of hunts (i.e.
archery, shotgun, primitive weapons, etc). We ask for this information
to identify which opportunity(ies) a hunter is applying for.
<bullet> Species permit type: Some refuges allow only certain
species, such as moose, elk, or bighorn sheep, to be hunted. We ask
hunters to identify which species hunt they are applying for.
<bullet> Applicant information: We collect name, address, phone
number(s), and email so we can contact the applicant/permittee either
during the application process, when the applicant is successful in a
lottery drawing, or after receiving a permit.
<bullet> Party members: Some refuges allow the permit applicant to
include additional hunters in their group. We collect the names of all
additional hunters, when allowed by the refuge.
<bullet> Parent/Guardian contact information: We collect name,
relationship, address, phone number(s), and email for a parent/guardian
of youth hunters. We ask for this information in the event of an
emergency.
<bullet> Date: We ask hunters for their preferences for hunt dates.
<bullet> Hunt/Blind location: We ask hunters for their preferences
for hunt units, areas, or blinds.
<bullet> Special hunts: Some refuges hold special hunts for youth,
hunters who are disabled, or other underserved populations. We ask
hunters to identify if they are applying for these special hunts. For
youth hunts, we ask for the age of the hunter at the time of the hunt.
<bullet> Signature and date: To confirm that the applicant (and
parent/guardian, if a youth hunter) understands the terms and
conditions of the permit.
<bullet> Disabled hunts: Some refuges provide an option to allow
mobility-impaired applicants to reserve specific hunting blinds upon
providing proof of disability. The refuge will not retain the proof of
disability. The documentation will be shredded upon approval of the
blind reservation.
<bullet> Mentored Hunts: For refuges conducting mentored hunts, the
Service and partners collect the following information to determine
eligibility for the program the hunter applies to participate in. The
Service requires all mentored hunt participants to sign the Service's
``USFWS Release and Waiver of Liability,'' as well as a Form 3-2260,
``Agreement for Use of Likeness in Audio/Visual Products,'' when they
are on the Refuge.
--Emergency contact (name and phone number);
--Applicant hunting history, such as:
--Whether applicant has completed a basic hunter education course;
[[Page 56308]]
--Whether applicant has purchased a hunting license, and if yes, when;
--Previous hunting experience;
--Previous participation in a mentored hunt program;
--Interest in hunting;
--Family history of hunting;
--Whether applicant owns equipment and if yes, type of equipment; and
--Medical conditions/allergies for program staff to be aware of in the
event of an emergency.
Refuges offering hunting opportunities may customize Form 3-2439 to
remove questions identified above which are not applicable to their
hunting seasons. However, they may not add new questions not approved
by OMB.
Form 3-2542, ``Hunter Harvest Report''--Form 3-2542 collects the
following information:
<bullet> State-issued hunter identification (ID)/license number.
(Note: Refuges/hatcheries who rely on the State agency to issue hunting
permits are not required to collect the permittee's personal
identifying information (PII) on the harvest form. Those refuges/
hatcheries may opt to collect only the State ID number assigned to the
hunter in order to match harvest data with their issued permit.
Refuges/hatcheries will collect either hunter PII or State-issued ID
number, but not both.)
<bullet> Species observed--Data will be used by refuge/hatchery
staff to document the presence of rare or unusual species.
<bullet> Permit number/type--Data will be used to link the harvest
report to the issued permit.
<bullet> Hunt tag number--Data will be used to link the harvest
report to the species-specific hunt tag.
<bullet> Number of youth (younger than age 18) in party--Data will
be used to better understand volume of youth hunting on a refuge/
hatchery. Specific hunter names are not collected, just total number of
youths in hunting party.
<bullet> Harvested by--Data will be used to determine ratio of
adults to youth hunters. Specific hunter names are not collected.
<bullet> Species observed--Data will be used by a refuge/hatchery
to determine the presence of any unusual species (e.g., endangered or
threatened species, or invasive species).
Refuges offering hunting opportunities may customize Form 3-2542 to
remove questions identified above which are not applicable to their
hunting seasons. However, they may not add new questions not approved
by OMB.
Labeling/Marking Requirements--As a condition of the permit, some
refuges require permittees to label hunting and/or sport fishing gear
used on the refuge. This equipment may include items such as the
following: tree stands, blinds, or game cameras; hunting dogs
(collars); flagging/trail markers; boats; and/or sport fishing
equipment such as jugs, trotlines, and crawfish or crab traps. Refuges
require the owner label their equipment with their last name, the
State-issued hunting/fishing license number, and/or hunting/fishing
permit number. Refuges may also require equipment for youth hunters
include ``YOUTH'' on the label. This minimal information is necessary
in the event the refuge needs to contact the owner.
Required Notifications--On occasion, hunters may find their game
has landed outside of established hunting boundaries. In this
situation, hunters must notify an authorized refuge employee to obtain
consent to retrieve the game from an area closed to hunting or entry
only upon specific consent. Certain refuges also require hunters to
notify the refuge manager when hunting specific species (e.g., black
bear, bobcat, or eastern coyote) with trailing dogs. Refuges
encompassing privately owned lands, referred to as ``easement overlay
refuges,'' may also require the hunter obtain written or oral
permission from the landowner prior to accessing the land.
Title of Collection: Hunting and Fishing Application Forms and
Activity Reports for National Wildlife Refuges and National Fish
Hatcheries (50 CFR parts 32 and 71).
OMB Control Number: 1018-0140.
Form Numbers: 3-2358, 3-2405, 3-2439, 3-2542.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: Individuals/households.
Total Estimated Number of Annual Respondents: 1,632,759.
Total Estimated Number of Annual Responses: 1,632,759.
Estimated Completion Time per Response: Varies from 5 minutes to 30
minutes, depending on activity.
Total Estimated Number of Annual Burden Hours: 265,232.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for applications; annually or
on occasion for reports.
Total Estimated Annual Non-Hour Burden Cost: $87,403 (primarily
associated with application fees at some refuges hunting and/or sport
fishing).
On May 27, 2026, we published proposed regulations (RIN 1018-BI71;
<a href="http://Regulations.gov">Regulations.gov</a> Docket No. FWS-HQ-NWRS-2026-1223) to solicit the
required public comments on our intention to seek OMB approval of the
information collection requirements associated with hunting and sport
fishing on the NWRs and NFHs. The proposed rule solicited public
comments for a period of 60 days on the information collection
requirements described in this supporting statement, ending on July 27,
2026. We did not receive any comments addressing the information
collection requirements. The package did not propose changes to the
information being collected; however, DOI did make changes to the
estimated burden.
As part of our continuing effort to reduce paperwork and respondent
burdens, and in accordance with 5 CFR 1320.8(d)(1), we invite the
public and other Federal agencies to comment on any aspect of this
proposed information collection, including:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of response.
Comments that you submit in response to the proposed revisions and
additions to the information collection are a matter of public record.
Before including your address, phone number, email address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Written comments and suggestions on the information collection
requirements should be submitted within 30 days of publication of this
document to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function.
Please
[[Page 56309]]
provide a copy of your comments to the Service Information Collection
Clearance Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike,
MS: PRB (JAO/3W), Falls Church, VA 22041-3803 (mail); or
<a href="/cdn-cgi/l/email-protection#743d1a121b2b371b1818341203075a131b02"><span class="__cf_email__" data-cfemail="541d3a323b0b173b3838143223277a333b22">[email protected]</span></a> (email). Please reference OMB Control Number 1018-
0140 in the subject line of your comments.
Endangered Species Act (16 U.S.C. 1531 et seq.)
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 these openings and expansions of
hunting and fishing opportunities.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We analyzed these openings and expansions in accordance with the
criteria of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(C)) 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 (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 hunting or fishing
opportunity. This is consistent with the Department of the Interior
instructions for compliance with NEPA where actions are covered
sufficiently by an earlier environmental document.
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 the
hunting and fishing activities in the appropriate 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 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 upon request.
Available Information for Specific Stations
Individual refuges and hatcheries have information about public use
programs and conditions that apply to their specific programs and maps
of their respective areas. You can locate individual refuge
information, including contact information, on <a href="http://FWS.gov">FWS.gov</a>. We also provide
general information on our hunting program, including an interactive
map of current hunting opportunities at <a href="https://www.fws.gov/library/collections/hunting">https://www.fws.gov/library/collections/hunting</a>. Sport fishing information is available at <a href="https://www.fws.gov/activity/fishing">https://www.fws.gov/activity/fishing</a>.
Regulation 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-2026-
1223 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.
Primary Author
Julie Henning, Division of Natural Resources and Conservation
Planning, National Wildlife Refuge System, is the primary author of
this rulemaking document.
List of Subjects
50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
50 CFR Part 71
Fish, Fishing, Hunting, Wildlife.
Corrections to 2022-2023 and 2023-2024 Final Rules
We are correcting two final rules published in the Federal Register
on September 16, 2022 (87 FR 57108), and October 30, 2023 (88 FR
74050), by removing amendatory instructions with a delayed effective
date of September 1, 2026.
Sec. 32.33 [Corrected]
0
In the final rule published on September 16, 2022 (87 FR 57108), on
page 57129, in the third column, amendment 6 for Sec. 32.33 is
removed.
In the final rule published on October 30, 2023 (88 FR 74050), the
following corrections are made:
Sec. 32.38 [Corrected]
0
1. On page 74064, in the first column, amendment 5 for Sec. 32.38 is
removed.
Sec. 32.39 [Corrected]
0
2. On page 74064, in the second column, amendment 6 for Sec. 32.39 is
removed.
Sec. 32.57 [Corrected]
0
3. On page 74065, in the second column, amendment 11 for Sec. 32.57 is
removed.
Sec. 32.65 [Corrected]
0
4. On page 74066, in the first column, amendment 15 for Sec. 32.65 is
removed.
Regulation Promulgation
For the reasons described in the preamble, we amend title 50,
chapter I, subchapters C and E of the CFR as set forth below:
Subchapter C--The National Wildlife Refuge System
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.
0
2. Amend Sec. 32.7 by revising and republishing paragraphs (e), (f),
(m), (x), (z), (hh), and (oo) to read as follows:
Sec. 32.7 What refuge units are open to hunting and/or sport fishing?
* * * * *
(e) California. (1) Cibola National Wildlife Refuge.
(2) Clear Lake National Wildlife Refuge.
(3) Colusa National Wildlife Refuge.
(4) Delevan National Wildlife Refuge.
(5) Don Edwards San Francisco Bay National Wildlife Refuge.
(6) Grasslands Wildlife Management Area.
(7) Guadalupe-Nipomo Dunes National Wildlife Refuge.
(8) Havasu National Wildlife Refuge.
(9) Humboldt Bay National Wildlife Refuge.
(10) Imperial National Wildlife Refuge.
(11) Kern National Wildlife Refuge.
(12) Lower Klamath National Wildlife Refuge.
(13) Marin Islands National Wildlife Refuge.
(14) Merced National Wildlife Refuge.
[[Page 56310]]
(15) Modoc National Wildlife Refuge.
(16) Sacramento National Wildlife Refuge.
(17) Sacramento River National Wildlife Refuge.
(18) Salinas River National Wildlife Refuge.
(19) San Diego National Wildlife Refuge.
(20) San Diego Bay National Wildlife Refuge.
(21) San Luis National Wildlife Refuge.
(22) San Pablo Bay National Wildlife Refuge.
(23) Sonny Bono Salton Sea National Wildlife Refuge.
(24) Stone Lakes National Wildlife Refuge.
(25) Sutter National Wildlife Refuge.
(26) Tule Lake National Wildlife Refuge.
(f) Colorado. (1) Alamosa National Wildlife Refuge.
(2) Arapaho National Wildlife Refuge.
(3) Baca National Wildlife Refuge.
(4) Browns Park National Wildlife Refuge.
(5) Monte Vista National Wildlife Refuge.
(6) Rocky Flats National Wildlife Refuge.
(7) Rocky Mountain Arsenal.
* * * * *
(m) Illinois. (1) Chautauqua National Wildlife Refuge.
(2) Clarence Cannon National Wildlife Refuge.
(3) Crab Orchard National Wildlife Refuge.
(4) Cypress Creek National Wildlife Refuge.
(5) Emiquon National Wildlife Refuge.
(6) Great River National Wildlife Refuge.
(7) Hackmatack National Wildlife Refuge.
(8) Kankakee National Wildlife Refuge.
(9) Meredosia National Wildlife Refuge.
(10) Middle Mississippi River National Wildlife Refuge.
(11) Port Louisa National Wildlife Refuge.
(12) Two Rivers National Wildlife Refuge.
(13) Upper Mississippi River National Wildlife and Fish Refuge.
* * * * *
(x) Mississippi. (1) Bogue Chitto National Wildlife Refuge.
(2) Coldwater River National Wildlife Refuge.
(3) Dahomey National Wildlife Refuge.
(4) Grand Bay National Wildlife Refuge.
(5) Hillside National Wildlife Refuge.
(6) Holt Collier National Wildlife Refuge.
(7) Mathews Brake National Wildlife Refuge.
(8) Morgan Brake National Wildlife Refuge.
(9) Panther Swamp National Wildlife Refuge.
(10) Sam D. Hamilton Noxubee National Wildlife Refuge.
(11) St. Catherine Creek National Wildlife Refuge.
(12) Tallahatchie National Wildlife Refuge.
(13) Theodore Roosevelt National Wildlife Refuge.
(14) Yazoo National Wildlife Refuge.
* * * * *
(z) Montana. (1) Benton Lake National Wildlife Refuge.
(2) Benton Lake Wetland Management District.
(3) Black Coulee National Wildlife Refuge.
(4) Bowdoin National Wildlife Refuge.
(5) Bowdoin Wetland Management District.
(6) Charles M. Russell National Wildlife Refuge.
(7) Charles M. Russell Wetland Management District.
(8) Creedman Coulee National Wildlife Refuge.
(9) Grass Lake National Wildlife Refuge.
(10) Hailstone National Wildlife Refuge.
(11) Hewitt Lake National Wildlife Refuge.
(12) Lake Mason National Wildlife Refuge.
(13) Lake Thibadeau National Wildlife Refuge.
(14) Lamesteer National Wildlife Refuge.
(15) Lee Metcalf National Wildlife Refuge.
(16) Lost Trail National Wildlife Refuge.
(17) Medicine Lake National Wildlife Refuge.
(18) Ninepipe National Wildlife Refuge.
(19) Northeast Montana Wetland Management District.
(20) Northwest Montana Wetland Management District.
(21) Pablo National Wildlife Refuge.
(22) Red Rock Lakes National Wildlife Refuge.
(23) Swan River National Wildlife Refuge.
(24) UL Bend National Wildlife Refuge.
(25) War Horse National Wildlife Refuge.
* * * * *
(hh) North Dakota. (1) Appert Lake National Wildlife Refuge.
(2) Ardoch National Wildlife Refuge.
(3) Arrowwood National Wildlife Refuge.
(4) Arrowwood Wetland Management District.
(5) Audubon National Wildlife Refuge.
(6) Audubon Wetland Management District.
(7) Bone Hill National Wildlife Refuge.
(8) Brumba National Wildlife Refuge.
(9) Buffalo Lake National Wildlife Refuge.
(10) Camp Lake National Wildlife Refuge.
(11) Canefield Lake National Wildlife Refuge.
(12) Chase Lake National Wildlife Refuge.
(13) Chase Lake Wetland Management District.
(14) Cottonwood Lake National Wildlife Refuge.
(15) Crosby Wetland Management District.
(16) Dakota Lake National Wildlife Refuge.
(17) Des Lacs National Wildlife Refuge.
(18) Devils Lake Wetland Management District.
(19) Florence Lake National Wildlife Refuge.
(20) Half Way Lake National Wildlife Refuge.
(21) Hiddenwood Lake National Wildlife Refuge.
(22) Hobart Lake National Wildlife Refuge.
(23) Hutchinson Lake National Wildlife Refuge.
(24) J. Clark Salyer National Wildlife Refuge.
(25) J. Clark Salyer Wetland Management District.
(26) Johnson Lake National Wildlife Refuge.
(27) Kulm Wetland Management District.
(28) Lake Alice National Wildlife Refuge.
(29) Lake George National Wildlife Refuge.
(30) Lake Ilo National Wildlife Refuge.
(31) Lake National Wildlife Refuge.
(32) Lake Nettie National Wildlife Refuge.
(33) Lake Otis National Wildlife Refuge.
(34) Lake Patricia National Wildlife Refuge.
(35) Lake Zahl National Wildlife Refuge.
(36) Lambs Lake National Wildlife Refuge.
(37) Little Goose Lake National Wildlife Refuge.
[[Page 56311]]
(38) Long Lake National Wildlife Refuge.
(39) Long Lake Wetland Management District.
(40) Lords Lake National Wildlife Refuge.
(41) Lost Lake National Wildlife Refuge.
(42) Lostwood National Wildlife Refuge.
(43) Lostwood Wetland Management District.
(44) Maple River National Wildlife Refuge.
(45) McLean National Wildlife Refuge.
(46) Pleasant Lake National Wildlife Refuge.
(47) Pretty Rock National Wildlife Refuge.
(48) Rabb Lake National Wildlife Refuge.
(49) Rock Lake National Wildlife Refuge.
(50) Rose Lake National Wildlife Refuge.
(51) School Section National Wildlife Refuge.
(52) Sheyenne Lake National Wildlife Refuge.
(53) Sibley Lake National Wildlife Refuge.
(54) Silver Lake National Wildlife Refuge.
(55) Slade National Wildlife Refuge.
(56) Snyder Lake National Wildlife Refuge.
(57) Springwater National Wildlife Refuge.
(58) Stewart Lake National Wildlife Refuge.
(59) Stoney Slough National Wildlife Refuge.
(60) Storm Lake National Wildlife Refuge.
(61) Sunburst Lake National Wildlife Refuge.
(62) Tewaukon National Wildlife Refuge.
(63) Tewaukon Wetland Management District.
(64) Tomahawk National Wildlife Refuge.
(65) Upper Souris National Wildlife Refuge.
(66) White Lake National Wildlife Refuge.
(67) Wild Rice National Wildlife Refuge.
(68) Willow Lake National Wildlife Refuge.
(69) Wintering River National Wildlife Refuge.
(70) Wood Lake National Wildlife Refuge.
* * * * *
(oo) South Dakota. (1) Huron Wetland Management District.
(2) Karl E. Mundt National Wildlife Refuge.
(3) Lacreek National Wildlife Refuge.
(4) Lake Andes National Wildlife Refuge.
(5) Lake Andes Wetland Management District.
(6) Madison Wetland Management District.
(7) Sand Lake National Wildlife Refuge.
(8) Sand Lake Wetland Management District.
(9) Waubay National Wildlife Refuge.
(10) Waubay Wetland Management District.
* * * * *
0
3. Amend Sec. 32.20 by revising and republishing paragraphs (b) and
(d) to read as follows:
Sec. 32.20 Alabama.
* * * * *
(b) Cahaba River National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of quail, squirrel,
rabbit, opossum, raccoon, coyote, and bobcat on designated areas of the
refuge subject to the following conditions:
(i) We require hunters to hunt as governed by Alabama Department of
Conservation and Natural Resources' William R. Ireland, Sr.--Cahaba
River Wildlife Management Area hunting permit conditions.
(ii) Hunters may hunt with shotguns using only #4 shot or smaller,
rifles and handguns using rim-fire ammunition only, or archery
equipment that complies with State and Federal regulations.
(iii) We allow the use of dogs when hunting upland game.
(iv) Hunters must remove tree stands, blinds, or other personal
property from the refuge at the end of each day's hunt (see Sec. 27.93
of this chapter).
(3) Big game hunting. We allow the hunting of white-tailed deer,
feral hog, and wild turkey on designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at paragraphs (b)(2)(i) and (iv) of
this section apply.
(ii) We prohibit the use of firearms for hunting deer on the
refuge. However, you may archery hunt in the portions of the refuge
that are open for deer hunting during the archery, shotgun, and
muzzleloader seasons established by the State.
(iii) We prohibit 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 who is
part of the organized or planned hunt and known to be waiting for the
deer. We also prohibit drives for feral hogs.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
* * * * *
(d) Eufaula National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of mourning dove and Eurasian-collared dove,
duck, and goose on designated areas of the refuge subject to the
following conditions:
(i) You must possess and carry a signed refuge hunt permit (signed
brochure) when hunting.
(ii) All youth hunters (ages 10 through 15) must remain within
sight and normal voice contact of a properly licensed hunting adult age
21 or older. Youth hunters must possess and carry verification of
passing a State-approved hunter education course. One adult may
supervise no more than two youth hunters.
(iii) All waterfowl hunting opportunities are spaced-blind and
assigned by lottery. Hunters wishing to participate in our waterfowl
hunt must submit a Waterfowl Lottery Application (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System).
(iv) Hunters must remove all stands/blinds and other personal
property at the end of each day's hunt (see Sec. 27.93 of this
chapter).
(v) We allow access to the refuge for hunting from 1\1/2\ hours
before legal sunrise to 1\1/2\ hours after legal sunset.
(vi) We prohibit drives. We define a drive as an organized or
planned effort to pursue, drive, chase, or otherwise frighten or cause
game to move in the direction of any person who is part of the
organized or planned hunt and known to be waiting for the game.
(vii) We prohibit hunting or observing from an elevated stand
without use of a full body harness.
(2) Upland game hunting. We allow hunting of gray squirrel and
rabbit on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (d)(1)(i), (ii) and (v)
through (vii) of this section apply.
(ii) We allow only shotguns and state-designated archery equipment
as means of take for upland game hunting.
(3) Big game hunting. We allow hunting of white-tailed deer and
feral hog on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (d)(1)(i) and (v)
through (vii) of this section apply.
(ii) We allow youth gun hunting opportunities that are spaced-blind
and assigned by lottery. Hunters wishing to participate in our youth
gun hunt must
[[Page 56312]]
submit a Big/Upland Game Hunt Application (FWS Form 3-2439, Hunt
Application--National Wildlife Refuge System).
(iii) All youth hunters must remain within sight and normal voice
contact of a properly hunting-licensed adult age 21 or older. Youth
hunters must possess and carry verification of passing a State-approved
hunter education course. One adult may supervise no more than one youth
hunter.
(iv) All big game hunting opportunities, except for youth gun, are
archery-only.
(v) We close those portions of the refuge between Bustahatchee and
Rood Creeks to archery hunting until November 1.
(4) Sport fishing. We allow sport fishing, including bowfishing, in
designated areas of the refuge subject to the following conditions:
(i) We allow shoreline access for fishing from 1 hour before legal
sunrise to 1 hour after legal sunset.
(ii) We prohibit taking frog or turtle on all refuge lands and
waters (see Sec. 27.21 of this chapter).
(iii) We adopt reciprocal license agreements between Alabama and
Georgia for fishing in Lake Eufaula. Anglers fishing in waters not
directly connected to Lake Eufaula must be properly licensed for the
State in which they are fishing.
* * * * *
0
4. Amend Sec. 32.23 by revising and republishing paragraphs (a), (b),
(c), (f), and (i) to read as follows:
Sec. 32.23 Arkansas.
* * * * *
(a) Bald Knob National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, snipe,
woodcock, rail, gallinule, crow, and dove on designated areas of the
refuge subject to the following conditions:
(i) Anyone on the refuge in possession of hunting equipment must
possess a signed refuge hunting permit.
(ii) During the quota gun deer hunt, we close the refuge to all
other hunts and public entry, unless the refuge is closed to deer
hunting at that time due to implementation of State flood closure zone
regulations.
(iii) Hunters may enter the refuge beginning at 5 a.m. and must
exit the refuge no later than 1 hour after legal sunset.
(iv) We allow waterfowl hunting until 12 p.m. (noon), with the
exception that applicable goose species may be hunted until legal
sunset during the State Conservation Order.
(v) When waterfowl hunting, you may not possess more than 25
shotgun shells while in the field, except that during the State
Conservation Order, there is no limit on the number of shells you may
possess while hunting applicable goose species.
(vi) We prohibit hunting closer than 100 yards (91 meters) to
another hunter or hunting party.
(vii) You must remove decoys, blinds, boats, and all other
equipment at the end of each day's hunt (see Sec. 27.93 of this
chapter).
(viii) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for migratory
bird and upland game hunting, but may supervise only one youth during
big game hunting.
(ix) We allow incidental take of beaver, muskrat, nutria, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(x) We allow the use of dogs when migratory game bird hunting.
(xi) We close the Waterfowl Sanctuary Hunt Unit to all entry and
hunting from November 15 to February 28, except that quota gun deer
hunters may hunt in that Unit when the season overlaps with these
dates.
(xii) We allow waterfowl hunting from mowed and/or graveled road
rights-of-way, but we prohibit all other hunting from these rights-of-
way.
(xiii) We allow only hunters to use all-terrain vehicles (ATVs) and
only from September 1 through March 31, except that during the State
Conservation Order, hunters may use ATVs for hunting applicable goose
species.
(xiv) Hunters may use conventional motor vehicles, ATVs, bicycles,
and e-bikes only on public use roads, levee tops, designated ATV trails
(open to ATVs only), and established parking lots not closed by a
locked gate, other barrier, or signage.
(xv) Hunters and anglers may use conventional motor vehicles only
in the Bison, Waterfowl Sanctuary, and Core Waterfowl Area Hunt Units
and only from March 1 through November 14.
(xvi) From November 15 through February 28, we close the Core
Waterfowl Area Hunt Unit to all hunting, fishing, and public entry at 1
p.m. daily, except that during the State Conservation Order, you may
hunt applicable goose species in this Unit until legal sunset.
(xvii) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, beaver, muskrat, nutria, river otter, mink,
bobcat, fox, striped skunk, and coyote on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (ii), (viii),
(ix), and (xi) through (xvii) of this section apply.
(ii) Hunters may use shotguns, rifles and handguns chambered for
rimfire cartridges, air rifles, and archery tackle.
(iii) We allow squirrel, rabbit, opossum, raccoon, and quail
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iv) We allow the use of dogs when hunting upland game.
(v) Hunters may enter the refuge beginning at 5 a.m. and must exit
the refuge by 1 hour after legal sunset, except that we allow hunting
of raccoon and opossum at night (from 30 minutes after legal sunset to
30 minutes before legal sunrise) on the refuge.
(vi) We prohibit hunting from a vehicle.
(3) Big game hunting. We allow hunting of deer and turkey, and the
incidental take of feral hog, on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (a)(1)(i), (ii), (viii),
(ix), and (xi) through (xvii) and (a)(2)(v) and (vi) of this section
apply.
(ii) We allow archery/crossbow, modern gun, and muzzleloader deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Turkey hunting will be conducted in the Bison, Waterfowl
Sanctuary, and Mingo Creek Hunt Units according to season dates and bag
limits provided in the annual refuge public use brochure.
(iv) Hunters may use only shotguns with slugs, muzzleloaders,
handguns with barrel lengths greater than 4 inches, large-bore air
rifles, non-semiautomatic centerfire firearms that fire a straight-
walled rifle cartridge .30 caliber or larger, and archery/crossbow
tackle for modern gun deer hunting on
[[Page 56313]]
the Bison, Core Waterfowl Area, and Waterfowl Sanctuary Hunt Units.
(v) You may only erect one portable stand or blind 7 days prior to
the refuge deer season and must remove it from the waterfowl sanctuary
prior to November 15, except for stands used by quota gun deer hunters,
which you must remove by the last day of the quota gun deer hunt (see
Sec. 27.93 of this chapter). You must remove all stands on the
remainder of the refuge within 7 days of the closure of archery season
(see Sec. 27.93 of this chapter).
(vi) Game camera use is limited to one camera per individual.
(vii) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(viii) We prohibit the possession or use of lead shot and buckshot
for deer hunting. We allow lead shot for turkey hunting.
(ix) During the quota gun deer hunt, we allow only hunters
possessing a valid quota gun deer hunting permit (FWS Form 3-2439) on
the refuge and only for the purposes of deer hunting and the incidental
take of allowable species.
(x) Hunters may only take feral hog incidental to modern gun and
muzzleloader deer hunts and during specified periods for archery deer
hunting according to season dates provided in the annual refuge public
use brochure.
(xi) We prohibit the use of dogs for deer hunting.
(xii) During the quota turkey hunts, only hunters possessing a
valid quota turkey hunting permit (FWS Form 3-2439) will be allowed to
enter the open hunt units and only for the purposes of turkey hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraph (a)(1)(ii), (xi), and
(xv) through (xvii) and (a)(3)(viii) and (xi) of this section apply.
(ii) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(iii) We allow fishing, frogging, and crawfishing for personal use
only. All crawfish traps must have the owner's Arkansas Game and Fish
Commission license customer identification number permanently affixed.
(iv) You may enter the refuge to fish, frog, or crawfish beginning
at 4 a.m. and must exit by 1 hour after legal sunset.
(v) We prohibit tournament fishing on the refuge.
(b) Big Lake National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, nutria, coyote, beaver, muskrat, river otter, mink,
bobcat, fox, striped skunk, and opossum on designated areas of the
refuge subject to the following conditions:
(i) Anyone on the refuge in possession of hunting equipment must
possess a signed refuge hunting permit.
(ii) During the quota gun deer hunt, we close the refuge to all
other hunts and public entry.
(iii) We allow incidental take of nutria, beaver, muskrat, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(iv) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(v) We allow the use of dogs only for squirrel, rabbit, and quail
hunting in the refuge area north of Timm's Point.
(vi) We prohibit hunting from mowed and/or gravel road rights-of-
way.
(vii) Hunters may enter the refuge beginning at 4 a.m. and must
exit the refuge by 1 hour after legal sunset, except that we allow
hunting of raccoon and opossum at night (from 30 minutes after legal
sunset to 30 minutes before legal sunrise) on the refuge.
(viii) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for upland
game hunting, but may supervise only one youth during big game hunting.
(ix) From November 1 to February 28, we close all waterfowl
sanctuaries to all hunting and public entry.
(x) Hunters and anglers may not leave motor vehicles, bicycles, e-
bikes, or boats overnight on the refuge.
(xi) We only allow use of all-terrain vehicles by hunters with
mobility-impairments, and the refuge manager must authorize this use in
writing.
(xii) Hunters and anglers may use motor vehicles, bicycles, and e-
bikes only on public use roads not closed by a locked gate, other
barrier, or signage.
(xiii) From November 1 through February 28, boat access is
restricted to launching at Seven Mile boat ramp and using Ditch 28
only.
(xiv) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(xv) We prohibit hunting from a vehicle.
(3) Big game hunting. We allow hunting of white-tailed deer,
turkey, and incidental take of feral hog on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (b)(2)(i) through (iii),
and (vi) through (xv) of this section apply.
(ii) We allow archery/crossbow, modern gun, and muzzleloader deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Modern gun deer hunters may only use shotguns with slugs,
muzzleloaders shooting a single projectile, non-semiautomatic
centerfire firearms that fire a straight-walled rifle cartridge .30
caliber or larger, handguns with barrel lengths greater than 4 inches,
large-bore air rifles, and archery/crossbow tackle.
(iv) You may only erect one portable stand or blind 7 days prior to
the refuge deer season and must remove it 7 days after the closure of
archery season (see Sec. 27.93 of this chapter).
(v) Game camera use is limited to one per individual.
(vi) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(vii) Hunters may only take feral hog incidental to deer hunting.
(viii) Turkey hunting is conducted according to season dates and
bag limits provided in the annual refuge public use brochure.
(ix) During the quota gun deer hunts, only hunters possessing a
valid quota gun deer permit (FWS Form 3-2439) may use the refuge and
only for the purposes of deer hunting and the incidental take of
allowable species.
(x) During the quota gun turkey hunts, we close the refuge Wildlife
Auto Drive Road to other hunting and public entry, and only hunters
possessing a valid quota gun turkey permit (FWS Form 3-2439) may use
that area of the refuge and only for the purposes of turkey hunting.
(xi) We prohibit the use of dogs for deer hunting.
[[Page 56314]]
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (b)(2)(ii) and (ix)
through (xiv) and (b)(3)(ix) and (x) of this section apply.
(ii) Anglers may launch boats only in designated areas.
(iii) We allow frogging and crawfishing for personal use only. All
crawfish traps must have the owner's Arkansas Game and Fish Commission
license customer identification number permanently affixed.
(iv) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(v) We allow fishing, frogging, and crawfishing on all refuge
waters from March 1 through October 31.
(vi) We allow fishing in the Sand Slough-Mud Slough area from
November 1 through February 28 only with the use of nonmotorized boats
and electric trolling motors; anglers may enter this area at 4 a.m. and
must depart by 1 hour after legal sunset.
(vii) We prohibit climbing onto or fishing from any water control
structure and associated wingwalls and fences, or the top of the
Floodway Dam south of Highway 18.
(viii) We prohibit tournament fishing on the refuge.
(c) Cache River National Wildlife Refuge--(1) Migratory game bird
hunting. We allow hunting of duck, goose, coot, merganser, snipe,
woodcock, rail, gallinule, crow, and dove on designated areas of the
refuge subject to the following conditions:
(i) Anyone on the refuge in possession of hunting equipment must
possess a signed refuge hunting permit.
(ii) Hunters may enter the refuge beginning at 4 a.m. Except when
hunting applicable goose species during the State Conservation Order,
waterfowl hunters must exit the refuge by 1 p.m. All other hunters,
including those hunting applicable goose species during the State
Conservation Order, must exit the refuge no later than 1 hour after
legal sunset.
(iii) We allow waterfowl hunting until 12 p.m. (noon), except that
during the State Conservation Order, you may hunt for applicable goose
species until legal sunset.
(iv) You must remove decoys, blinds, boats, and all other equipment
at the end of each day's hunt (see Sec. 27.93 of this chapter).
(v) From March 1 through October 31, hunters and anglers may leave
boats displaying valid registration on the refuge.
(vi) During the regular State waterfowl hunting season, we prohibit
the use of boats on the refuge from 12 a.m. (midnight) to 4 a.m.
(vii) We allow the use of dogs when migratory game bird hunting.
(viii) We allow waterfowl hunting on flooded refuge roads.
(ix) During the quota gun deer hunt, we close the refuge to all
other hunts and public entry, unless the refuge is closed to deer
hunting at that time due to implementation of State flood closure zone
regulations.
(x) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for migratory
bird and upland game hunting, but may supervise only one youth during
big game hunting.
(xi) We allow incidental take of beaver, muskrat, nutria, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
season and regulations.
(xii) From November 15 to February 28, we close all waterfowl
sanctuaries to all hunting and public entry.
(xiii) We allow only hunters to use all-terrain vehicles (ATVs) and
only from September 1 through March 31, except that during the State
Conservation Order, hunters may use ATVs for hunting applicable goose
species.
(xiv) Hunters and anglers may not operate conventional motor
vehicles, ATVs, bicycles, or e-bikes on any road or trail closed by a
locked gate, other barrier, or signage.
(xv) Hunter and anglers may not leave motor vehicles, ATVs,
bicycles, or e-bikes unattended overnight on the refuge.
(xvi) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, beaver, muskrat, nutria, river otter, mink,
bobcat, fox, striped skunk, and coyote on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (v), (vi),
and (ix) through (xvi) of this section apply.
(ii) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(iii) We allow the use of dogs when hunting upland game.
(iv) We prohibit hunting from mowed and/or graveled road rights-of-
way.
(v) Hunters may use only shotguns, rifles and handguns chambered
for rimfire cartridges, air rifles, and archery tackle.
(vi) Hunters may enter the refuge beginning at 4 a.m. and must exit
the refuge by 1 hour after legal sunset, except that we allow hunting
of raccoon and opossum at night (from 30 minutes after legal sunset to
30 minutes before legal sunrise) on the refuge.
(vii) We prohibit hunting from a vehicle.
(3) Big game hunting. We allow hunting of deer and turkey, and
incidental take of feral hog, on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (c)(1)(i), (v), (vi),
and (ix) through (xvi) and (c)(2)(iv), (vi), and (vii) of this section
apply.
(ii) We allow archery/crossbow, modern gun, and muzzleloader deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Hunters may take only feral hog incidental to modern gun and
muzzleloader deer hunts and during a specified period during archery
deer hunting according to season dates provided in the annual refuge
public use brochure.
(iv) Hunters may only use shotguns with slugs, muzzleloaders,
handguns with barrel lengths greater than 4 inches, large-bore air
rifles, non-semiautomatic centerfire firearms that fire a straight-
walled rifle cartridge .30 caliber or larger, and archery/crossbow
tackle for modern gun deer hunting on the Dixie, Dixie Waterfowl
Sanctuary, and Plunkett Farm Waterfowl Sanctuary Hunt Units.
(v) You may only erect one portable stand or blind 7 days prior to
the refuge deer season, and you must remove it from the waterfowl
sanctuaries prior to November 15, and from the rest of the refuge
within 7 days of the closure of archery season (see Sec. 27.93 of this
chapter).
(vi) Game camera use is limited to one per individual.
(vii) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer
[[Page 56315]]
identification number clearly written on it in a conspicuous location.
(viii) We prohibit the possession or use of lead shot and buckshot
for deer hunting. We allow lead shot for turkey hunting.
(ix) During the quota gun deer hunt, we allow only hunters
possessing a valid quota gun deer hunting permit on the refuge and only
for the purposes of deer hunting and the incidental take of allowable
species.
(x) Turkey hunting will be conducted in designated areas according
to season dates and bag limits provided in the annual refuge public use
brochure.
(xi) We prohibit the use of dogs for deer hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (c)(1)(v), (vi), (ix),
(xii), and (xiv) through (xvi) and (c)(3)(ix) of this section apply.
(ii) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(iii) We allow frogging and crawfishing for personal use only. All
crawfish traps must have the owner's Arkansas Game and Fish Commission
license customer identification number permanently affixed.
(iv) We prohibit tournament fishing on the refuge.
* * * * *
(f) Holla Bend National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
quail, raccoon, opossum, beaver, muskrat, nutria, river otter, mink,
fox, striped skunk, coyote, and bobcat on designated areas of the
refuge subject to the following conditions:
(i) Anyone on the refuge in possession of hunting equipment must
possess a signed refuge hunting permit.
(ii) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(iii) We only allow use of all-terrain vehicles by hunters and
anglers with mobility impairments, and the refuge manager must
authorize this use in writing.
(iv) Hunters and anglers may use boats in designated areas and at
times provided in the annual refuge public use brochure.
(v) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for upland
game hunting, but may supervise only one youth during big game hunting.
(vi) During modern gun and alternative firearms deer and turkey
hunts, we close the refuge to all other hunting and public entry.
(vii) We allow incidental take of beaver, muskrat, nutria, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons legal for that hunt, subject to applicable State
seasons and regulations.
(viii) Hunters and anglers may use bicycles and e-bikes only on
public use roads and designated trails not closed by a locked gate,
other barrier, or signage.
(ix) Squirrel and rabbit hunters may only use shotguns, rifles and
handguns chambered for rimfire cartridges, air rifles, and archery
tackle.
(x) Hunters must only enter and exit the refuge from designated
roads and parking lots.
(xi) We limit raccoon and opossum hunting to nighttime hunting
only.
(xii) Hunter and anglers may not leave motor vehicles, bicycles, e-
bikes, or boats unattended overnight on the refuge.
(xiii) We prohibit hunting from a vehicle.
(xiv) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(3) Big game hunting. We allow hunting of deer, black bear, and
turkey on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (f)(2)(i), (iii) through
(viii), (x), and (xii) through (xiv) of this section apply.
(ii) We allow archery/crossbow hunting for white-tailed deer and
turkey according to season dates and bag limits provided in the annual
refuge public use brochure.
(iii) Alternative firearm and modern gun deer hunts will be
conducted according to season dates and bag limits provided in the
refuge public use brochure.
(iv) We allow the take of black bear and feral hog incidental to
refuge deer hunts subject to applicable State seasons and regulations.
(v) The refuge will conduct youth-only quota spring gun turkey
hunts and archery only public hunts according to season dates and bag
limits provided in the refuge public use brochure.
(vi) You may erect one portable stand or blind and deploy one game
camera 7 days before the start of the season, and you must remove it
from the refuge within 7 days after the season ends (see Sec. 27.93 of
this chapter).
(vii) We prohibit leaving any tree stand, blind, or game camera on
the refuge without the owner's Arkansas Game and Fish Commission
customer identification number clearly written on it in a conspicuous
location.
(viii) We prohibit drives. We define a drive as an organized or
planned effort to pursue, drive, chase, or otherwise frighten or cause
game to move in the direction of any person who is part of the
organized or planned hunt and known to be waiting for the game.
(ix) You must check all harvested turkey, bear, and deer at the
refuge check station.
(x) We prohibit the use of dogs for deer hunting.
(xi) Big game hunters may enter the refuge 1 hour before legal
sunrise and must exit by 1 hour after legal sunset.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (f)(2)(iii), (iv), (vi),
(viii), (xii), and (xiv) of this section apply.
(ii) We allow fishing, frogging, and crawfishing, from a boat on
all waters only from March 1 through November 14, and bank fishing (no
boat) along the Arkansas River year-round from legal sunrise to legal
sunset.
(iii) Anglers must remove boats from the refuge at the end of each
day's fishing activity (see Sec. 27.93 of this chapter).
(iv) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(v) We allow frogging and crawfishing for personal use only. All
crawfish traps must have the owner's Arkansas Game and Fish Commission
license customer identification number permanently affixed.
(vi) We prohibit access to refuge waters and land from the Arkansas
River.
(vii) We limit trotlines, setline, limblines, yo-yo, and free-
floating fishing devices to 20 per person; any line that extends into
the water must be cotton.
(viii) Trotlines, setlines, limblines, yo-yos, and free-floating
fishing devices must be clearly labelled with the
[[Page 56316]]
angler's Arkansas Game and Fish Commission license customer
identification number and cannot be left overnight or unattended.
* * * * *
(i) Wapanocca National Wildlife Refuge. (1) [Reserved]
(2) Upland game hunting. We allow hunting of squirrel, rabbit,
raccoon, nutria, beaver, coyote, quail, muskrat, river otter, mink,
bobcat, fox, striped skunk, and opossum on designated areas of the
refuge subject to the following conditions:
(i) Anyone on the refuge in possession of hunting equipment must
possess a signed refuge hunting permit.
(ii) Hunters may enter the refuge at 4 a.m. and must leave the
refuge no later than 1 hour after legal sunset, except that we allow
hunting of raccoon and opossum at night on the refuge.
(iii) During the quota gun hunts, we close the refuge to all other
hunts and public entry.
(iv) We allow squirrel, rabbit, raccoon, opossum, and quail hunting
according to season dates and bag limits provided in the annual refuge
public use brochure.
(v) We allow the incidental take of nutria, beaver, muskrat, river
otter, mink, bobcat, fox, striped skunk, and coyote during any refuge
hunt with the weapons allowed for that hunt, subject to applicable
State seasons and regulations.
(vi) Hunters may use only shotguns, rifles and handguns chambered
for rimfire cartridges, air rifles, and archery tackle.
(vii) We prohibit hunting from mowed and/or gravel road rights-of-
way.
(viii) All hunters age 11 and younger who possess valid hunter
education certification must remain within normal sight and voice
contact with an adult age 18 or older who possesses a valid State
hunting license. Hunters age 15 and younger who have not completed
hunter education must be under the direct supervision (within arm's
reach) of an adult age 21 or older who possesses a valid State hunting
license. One adult may supervise up to two youth hunters for upland
game hunting, but may supervise only one youth during big game hunting.
(ix) From December 1 to February 28, we close all waterfowl
sanctuaries (including Wapanocca Lake) to all hunting and public entry.
(x) We prohibit the use of all-terrain vehicles (ATVs), except that
ATVs may be used by mobility-impaired hunters possessing written
authorization issued by the refuge manager.
(xi) Hunters and anglers may use motor vehicles, bicycles, and e-
bikes only on public use roads not closed by a locked gate, other
barrier, or signage.
(xii) Hunters and anglers must use the public boat ramp on Highway
77 to launch motorized boats into Wapanocca Lake.
(xiii) Hunters and anglers must operate boats at speeds of less
than 5 miles per hour between the Highway 77 boat launch and the open
lake.
(xiv) We prohibit the use of personal watercraft (e.g., jet skis),
airboats, and hovercraft for hunting and fishing on the refuge.
(xv) Hunter and anglers may not leave motor vehicles, bicycles, e-
bikes, or boats unattended overnight on the refuge.
(xvi) We prohibit hunting from a vehicle.
(xvii) The Round Pond and Pygmon Units in St. Francis County are
subject to all regulations for hunting and fishing for Wapanocca NWR.
(3) Big game hunting. We allow hunting of white-tailed deer and
turkey, and incidental take of feral hog, on designated areas of the
refuge subject to the following conditions:
(i) The conditions set forth at paragraphs (i)(2)(i) through (iii),
(v), and (vii) through (xvii) of this section apply.
(ii) During the quota gun deer hunts, we allow only hunters
possessing a valid quota gun deer hunting permit on the refuge and only
for the purposes of deer hunting and the incidental take of allowable
species.
(iii) You may only use one game camera and erect one portable stand
or blind per hunter. All items are required to have owner's Arkansas
Game and Fish Commission customer identification number in a
conspicuous location. Your stand or blind can only be erected 7 days
prior to the refuge deer season, and you must remove it from the
waterfowl sanctuaries by December 1. You must remove all stands and
blinds on the remainder of the refuge within 7 days of the closure of
archery season (see Sec. 27.93 of this chapter).
(iv) We allow archery/crossbow, muzzleloader, and modern gun deer
hunting according to season dates and bag limits provided in the annual
refuge public use brochure.
(v) Modern gun deer hunters may only use shotguns with slugs,
muzzleloaders shooting a single projectile, non-semiautomatic
centerfire firearms that fire a straight-walled rifle cartridge .30
caliber or larger, handguns with barrel lengths longer than 4 inches,
large-bore air rifles, and archery/crossbow tackle for modern gun deer
hunting.
(vi) Hunters may only take feral hog incidental to deer hunting.
(vii) The annual refuge public use brochure provides season dates
and bag limits for turkey hunting.
(viii) We prohibit the use of dogs for deer hunting.
(4) Sport fishing. We allow sport fishing, frogging, and
crawfishing on designated areas of the refuge subject to the following
conditions:
(i) The conditions set forth at paragraphs (i)(2)(iii), (ix), (x)
through (xv), and (xvii) and (i)(3)(ii) of this section apply.
(ii) From March 1 through November 30, we allow fishing, frogging,
and crawfishing on all refuge waters. From December 1 through February
28, we allow bank fishing only on Woody Pond and other non-waterfowl
sanctuary areas.
(iii) Anglers, including those frogging and crawfishing, may enter
the refuge at 4 a.m. and must leave the refuge no later than 1 hour
after legal sunset.
(iv) We prohibit the take or possession of turtles and/or mollusks
(see Sec. 27.21 of this chapter).
(v) Anglers may launch boats only in designated areas.
(vi) We allow fishing, frogging, and crawfishing for personal use
only. All crawfish traps must have the owner's Arkansas Game and Fish
Commission license customer identification number permanently affixed.
(
[…truncated; see source link]Indexed from Federal Register on September 1, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.