[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Notices]
[Pages 3681-3707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-397]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service 1018-AG20

[1018-AG20]


Draft Wildlife-Dependent Recreational Uses Policy Pursuant to the 
National Wildlife Refuge System Improvement Act of 1997

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice.

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SUMMARY: We propose to adopt a policy that will explain how we will 
provide

[[Page 3682]]

visitors with high quality hunting, fishing, wildlife observation and 
photography, and environmental education and interpretation 
opportunities on units of the National Wildlife Refuge System (System). 
The National Wildlife Refuge System Improvement Act of 1997 (NWRSIA-
1997), that amends the National Wildlife Refuge System Administration 
Act of 1966 (NWRSAA-1966), defines and establishes that wildlife-
dependent recreational uses (hunting, fishing, wildlife observation and 
photography, and environmental education and interpretation) are the 
priority general public uses of the System and, if found compatible, 
will receive enhanced and priority consideration in refuge planning and 
management over other general public uses. This draft policy describes 
how we will provide priority to these uses. We propose to incorporate 
this policy as Part 605 Chapters 1-7 of the Fish and Wildlife Service 
Manual.

DATES: Comments must be received by March 19, 2001.

ADDRESSES: You may submit comments on this draft wildlife-dependent 
recreational uses policy by mail, fax or e:mail: by mail to Douglas 
Staller, Acting Chief, Division of Visitor Services and Communications, 
National Wildlife Refuge System, U.S. Fish and Wildlife Service, 4401 
North Fairfax Drive, Room 670, Arlington, Virginia 22203; by fax to 
(703) 358-2248; or by e:mail to Wildlife__Dependent__ 
Recreational__Uses__ [email protected].

FOR FURTHER INFORMATION CONTACT: Douglas Staller, Acting Chief, 
Division of Visitor Services and Communications, National Wildlife 
Refuge System, U.S. Fish and Wildlife Service, Telephone (703) 358-
1744.

SUPPLEMENTARY INFORMATION: The NWRSIA-1997 amends and builds upon the 
NWRSAA-1966 providing an ``Organic Act'' for the System. The NWRSIA-
1997 clearly establishes that wildlife conservation is the singular 
System mission, provides guidance to the Secretary of the Interior 
(Secretary) for management of the System, provides a mechanism for 
refuge planning, and gives refuge managers uniform direction and 
procedures for making decisions regarding wildlife conservation and 
uses of the System.
    The NWRSIA-1997 identifies six wildlife-dependent recreational uses 
(hunting, fishing, wildlife observation and photography, and 
environmental education and interpretation) as the priority general 
public uses of the System. The NWRSIA-1997 also provides a set of 
affirmative stewardship responsibilities regarding our administration 
of the System. These stewardship responsibilities direct us to ensure 
that these six wildlife-dependent recreational uses are provided 
enhanced consideration and priority over other general public uses.
    The Refuge Recreation Act of 1962 (RRA-1962) authorizes us to 
administer the System for public recreation when the use is an 
``appropriate incidental or secondary use.'' The RRA-1962 also requires 
us to regulate or curtail public recreational uses in order to insure 
accomplishment of our primary conservation objectives.
    The six wildlife-dependent recreational uses are the priority 
public uses of the System have been determined to be appropriate by law 
and, when compatible, are to be facilitated. This Draft Wildlife-
Dependent Recreational Uses Policy, the Draft Appropriate Refuge Uses 
Policy published concurrently in the notice section of this Federal 
Register and our Final Compatibility Policy and Regulations published 
in the October 18, 2000 Federal Register are key tools refuge managers 
use together to fortify our commitment to provide enhanced 
opportunities for the public to enjoy wildlife-dependent recreation 
while at the same time ensuring that no refuge uses compromise the 
System's wildlife conservation mission and the individual refuge 
purpose(s). Through careful planning, consistent System-wide 
application of regulations and policies, diligent monitoring of the 
impacts of uses on natural resources, and by preventing or eliminating 
uses not appropriate to the System, we can achieve our wildlife 
conservation mission and individual refuge purposes while also 
providing people with lasting opportunities for the highest quality 
wildlife-dependent recreation.

Wildlife-Dependent Recreational Uses Policy

    To ensure the primacy of the System wildlife conservation mission 
as well as the individual refuge purpose(s), and to be sure we afford 
priority to the six wildlife-dependent recreational uses within the 
System, we are proposing to establish a policy on wildlife-dependent 
recreational uses. Following is a summary of this policy.
    Chapter 1 General Guidance provides Service policies, strategies, 
and requirements concerning the management of recreation programs 
within the System. National wildlife refuges are national treasures for 
wildlife and for people who enjoy the wonders of the outdoors. 
Wildlife-dependent recreation programs will promote understanding and 
appreciation of natural and cultural resources and their management on 
all lands included in the System. To assure that the System's fish, 
wildlife, and plant resources endure, their needs must come first. 
Thus, we only allow recreational uses on a refuge after we determine 
that use to be appropriate and compatible. In addition, we manage 
recreation in accordance with applicable Federal, State, and Tribal 
laws [see Code of Federal Regulations (CFR), Title 50 subchapter C]. We 
encourage refuge staff to develop and take full advantage of 
opportunities to work with other partners who have an interest in 
helping us promote high quality wildlife-dependent recreational 
programs on refuges. The policy outlined in this chapter applies to all 
recreational use activities that occur within the System, including 
wildlife-dependent and other appropriate recreational uses. Our general 
policy is to provide the American public high-quality opportunities to 
take part in wildlife-dependent recreation, regardless of age, race, 
religion, color, sex, national origin, sexual orientation, or physical 
or mental ability. To accomplish this policy, we ensure consistency and 
professionalism in planning and implementing recreational use programs 
and activities on System lands. Wildlife-dependent recreational uses 
(hunting, fishing, wildlife observation and photography, and 
environmental education and interpretation) are the priority general 
public uses of the System and, when determined to be compatible, will 
receive enhanced and priority consideration in refuge planning and 
management over all other general public uses.
    Chapter 2 Hunting provides Service policy governing the management 
of recreational hunting within the System. The NWRSAA-1966 as amended 
by the NWRSIA-1997 identifies hunting as a priority public use of the 
System. Hunting programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. Hunting is also an integral part of a 
comprehensive wildlife management program. When determined to be 
compatible, refuge managers are strongly encouraged to provide to the 
public high-quality hunting opportunities. We plan hunting programs in 
consultation and cooperatively with appropriate State and Tribal 
agencies, and we conduct them, to the extent practicable, in accordance 
with applicable State and

[[Page 3683]]

Tribal regulations. We encourage refuge staff to develop and take full 
advantage of opportunities to work with other partners who have an 
interest in helping us promote high quality wildlife-dependent 
recreational programs on refuges.
    Chapter 3 Fishing provides Service policy governing the management 
of recreational fishing within the System. The NWRSAA-1966 as amended 
by the NWRSIA-1997 identifies fishing as a priority public use of the 
System. Fishing programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. When determined to be compatible, refuge 
managers are encouraged to provide to the public high-quality fishing 
opportunities. We plan fishing programs in consultation and 
cooperatively with the appropriate State and Tribal agencies. We base 
fishing seasons on refuges on local conditions and biological 
objectives. These seasons must, where practicable, conform with 
appropriate Federal, State, and Tribal regulations. The Service's 
Division of Fish and Wildlife Management Assistance has many field 
offices with a broad range of expertise that are available to the 
Refuge Manager when planning and managing fishing programs. We 
encourage refuge managers to take advantage of this important resource. 
We also encourage refuge staff to develop and take full advantage of 
opportunities to work with other partners who have an interest in 
helping us promote high quality wildlife-dependent recreational 
programs on refuges.
    Chapter 4 Wildlife Observation provides Service policy governing 
the management of recreational wildlife observation within the System. 
The NWRSAA-1966 as amended by the NWRSIA-1997 identifies wildlife 
observation as a priority public use of the System. Wildlife 
observation programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. When determined to be compatible, refuge 
managers are encouraged to provide to the public high quality wildlife 
observation opportunities. Refuge managers are encouraged to coordinate 
refuge wildlife observation programs with applicable Federal, State and 
Tribal programs. We encourage refuge staff to develop and take full 
advantage of opportunities to work with other partners who have an 
interest in helping us promote high quality wildlife-dependent 
recreational programs on refuges.
    Chapter 5 Wildlife Photography provides Service policy governing 
the management of recreational wildlife photography within the System. 
The NWRSAA-1966 as amended by the NWRSIA-1997 identifies wildlife 
photography as a priority public use of the System. Wildlife 
photography programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. When determined to be compatible, refuge 
managers are encouraged to provide to the public high quality wildlife 
photography opportunities. Refuge managers are encouraged to coordinate 
wildlife photography programs with applicable State programs. We 
encourage refuge staff to develop and take full advantage of 
opportunities to work with other partners who have an interest in 
helping us promote high quality wildlife-dependent recreational 
programs on refuges.
    Chapter 6 Environmental Education provides Service policy governing 
the management of environmental education within the System. The 
NWRSAA-1966 as amended by the NWRSIA-1997 identifies environmental 
education as a priority public use of the System. Environmental 
education programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. When determined to be compatible, refuge 
managers are encouraged to provide to the public high quality 
environmental education opportunities. Refuge managers will work with 
local schools, citizen groups, and other organizations to provide these 
programs. We encourage refuge managers to coordinate refuge 
environmental education programs with applicable local, State and 
Federal programs. We encourage refuge staff to develop and take full 
advantage of opportunities to work with other partners who have an 
interest in helping us promote high quality wildlife-dependent 
recreational programs on refuges.
    Chapter 7 Interpretation provides Service policy governing the 
management of interpretation within the System. The NWRSAA-1966 as 
amended by the NWRSIA-1997 identifies interpretation as a priority 
public use of the System. Interpretation programs will promote 
understanding and appreciation of natural and cultural resources and 
their management on all lands included in the System. When determined 
to be compatible, refuge managers are encouraged to provide to the 
public high quality interpretation opportunities. We encourage refuge 
staff to coordinate refuge interpretive programs and materials with 
applicable local, State, and Federal programs. We encourage refuge 
staff to develop and take full advantage of opportunities to work with 
other partners who have an interest in helping us promote high quality 
wildlife-dependent recreational programs on refuges.

Fish and Wildlife Service Directives System

    Because many of our field stations are in remote areas across the 
United States, it is important that all employees have available and 
know the current policy and management directives that affect their 
daily activities. The Fish and Wildlife Service Directives System, 
consisting of the Fish and Wildlife Service Manual (Service Manual), 
Director's Orders, and National Policy Issuances, is the vehicle for 
issuing the standing and continuing policy and management directives of 
the Service. New directives are posted on the Internet upon approval, 
ensuring that all employees have prompt access to the most current 
guidance.
    The Service Manual contains our standing and continuing directives 
with which our employees comply. We use it to implement our authorities 
and to ``step down'' our compliance with statutes, executive orders, 
and Departmental directives. It establishes the requirements and 
procedures to assist our employees in carrying out our authorities, 
responsibilities, and activities.
    Director's Orders are limited to temporary policy, procedures, 
delegations of authority, emergency regulations, special assignments of 
functions, and initial functional statements on the establishment of 
new organizational units. All Director's Orders must be converted as 
soon as practicable to appropriate parts of the Service Manual or 
removed. Material appropriate for immediate inclusion in the Service 
Manual generally is not issued as a Director's Order.
    National Policy Issuances promulgate the Director's national 
policies for managing the Service and its programs. These policies are 
necessarily broad and generally require management discretion or 
judgment in their implementation. They represent the Director's 
expectations of how the Service and its employees will act in carrying 
out their official responsibilities.
    The Service Manual, Director's Orders, and National Policy 
Issuances are available on the Internet at http://www.fws.gov/directives/direct.html. When finalized, we will incorporate this

[[Page 3684]]

wildlife-dependent recreational uses policy into the Service Manual as 
Part 605 Chapters 1-7.

Comment Solicitation

    We seek public comments on this draft wildlife-dependent 
recreational uses policy and will take into consideration comments and 
any additional information received during the 60-day comment period. 
You may submit comments on this draft appropriate refuge uses policy by 
mail, fax or e:mail: by mail to Douglas Staller, Acting Chief, Division 
of Visitor Services and Communications, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 
670, Arlington, Virginia 22203; by fax to (703)358-2248; or by e:mail 
to Wildlife__Dependent__ Recreational__Uses__ [email protected]. 
Please submit Internet comments as an ASCII file avoiding the use of 
special characters and any form of encryption. Please also include: 
``Attn: 1018-AG18'' and your name and return address in your Internet 
message. If you do not receive a confirmation from the system that we 
have received your Internet message, contact us directly at (703)358-
1744. Finally, you may hand-deliver comments to the address mentioned 
above.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the record, which we will honor to the extent 
allowable by law. In some circumstances, we would withhold from the 
record a respondent's identity, as allowable by law. If you wish us to 
withhold your name and/or address, you must state this prominently at 
the beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or businesses 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses, available for public 
inspection in their entirety.
    We published a notice in the Federal Register on January 23, 1998 
(63 FR 3583) notifying the public that we would be revising the Service 
Manual, establishing regulations as they relate to the NWRSIA-1997, and 
offering to send copies of specific draft Service Manual chapters to 
anyone who would like to receive them. We will mail a copy of these 
draft Service Manual wildlife-dependent recreational uses chapters to 
those who requested one. In addition, these draft Service Manual 
wildlife-dependent recreational uses chapters will be available on the 
Internet at http://www.fws.gov/directives/library/frindex.html during 
the 60-day comment period.

Required Determinations

    We have analyzed the impacts of this final policy in concert with 
the draft appropriate refuge uses policy published concurrently in the 
today's issue of the Federal Register. For compliance with applicable 
laws and executive orders affecting the issuance of polices, see the 
SUPPLEMENTARY INFORMATION section of the draft appropriate refuge uses 
policy notice.

Available Information for Specific National Wildlife Refuges

    Individual national wildlife refuge headquarters retain information 
regarding public use programs and the conditions that apply to their 
specific programs, and maps of their respective areas.
    You may also obtain information from the Regional Offices at the 
addresses listed below:
     Region 1--California, Hawaii, Idaho, Nevada, Oregon, and 
Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish 
and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 
11th Avenue, Portland, Oregon 97232-4181; Telephone (503) 231-6214; 
http://pacific.fws.gov.
     Region 2--Arizona, New Mexico, Oklahoma and Texas. 
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife 
Service, Box 1306, Albuquerque, New Mexico 87103; Telephone (505) 248-
7419; http://southwest.fws.gov.
     Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, 
Missouri, Ohio and Wisconsin. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, Federal Building, Fort 
Snelling, Twin Cities, Minnesota 55111; Telephone (612) 713-5300; 
http://midwest.fws.gov.
     Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, 
Puerto Rico and the Virgin Islands. Regional Chief, National Wildlife 
Refuge System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, 
Room 324, Atlanta, Georgia 30345; Telephone (404) 679-7166; http://southeast.fws.gov.
     Region 5--Connecticut, Delaware, District of Columbia, 
Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. 
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife 
Service, 300 Westgate Center Drive, Hadley, Massachusetts 01035-9589; 
Telephone (413) 253-8306; http://northeast.fws.gov.
     Region 6--Colorado, Kansas, Montana, Nebraska, North 
Dakota, South Dakota, Utah and Wyoming. Regional Chief, National 
Wildlife Refuge System, U.S. Fish and Wildlife Service, 134 Union 
Blvd., Lakewood, Colorado 80228; Telephone (303) 236-8145; http://www.r6.fws.gov.
     Region 7--Alaska. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, 
Alaska 99503; Telephone (907) 786-3545; http://alaska.fws.gov.

Primary Author

    Deb Steen, Outdoor Recreation Planner and Dennis Prichard, Outdoor 
Recreation Planner, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, are the primary authors of this notice.

Draft General Guidance Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 1 General Guidance  605 FW 1.1

    1.1  What is the purpose of this chapter? This chapter provides 
Fish and Wildlife Service (Service) policies, strategies, and 
requirements concerning the management of recreation programs within 
the National Wildlife Refuge System (System).
    1.2  What is the System's general recreation management policy? 
National wildlife refuges are national treasures for wildlife and for 
people who enjoy the wonders of the outdoors. To assure that the 
System's fish, wildlife, and plant resources endure, their needs must 
come first. Thus, we only allow recreational uses on a refuge after we 
determine that use to be appropriate and compatible. In addition, we 
manage recreation in strict accordance with applicable Federal, State, 
and Tribal laws [see Code of Federal Regulations (CFR), Title 50 
subchapter C]. We encourage refuge staff to develop and take full 
advantage of opportunities to work with other partners who have an 
interest in helping us promote high quality wildlife-dependent 
recreational programs on refuges. The policy outlined in this chapter 
applies to all recreational use activities that occur within the 
System, including wildlife-dependent and other appropriate

[[Page 3685]]

recreational uses. Our general policy is to provide the American public 
high-quality opportunities to take part in wildlife-dependent 
recreation, regardless of age, race, religion, color, sex, national 
origin, sexual orientation, physical or mental ability. To accomplish 
this policy, we ensure consistency and professionalism in planning and 
implementing recreational use programs and activities on System lands.
    1.3  What authorities allow recreation use to occur on the Refuge 
System? The following are laws and executive orders that regulate 
recreational use on System lands:

A. Laws

(1) Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 
410 hh-3233 and 43 U.S.C. 1602-1784)
(2) Alaska Native Claims Settlement Act (43 U.S.C. 1601-1624)
(3) Antiquities Act of 1906 (16 U.S.C. 431-433)
(4) Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa-
470mm)
(5) Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j) as amended.
(6) Fish and Wildlife Conservation Act (16 U.S.C. 2901-2911), as 
amended
(7) Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 7421)
(8) Land and Water Conservation Fund [16 U.S.C. 460(l-4)-(l-11)],as 
amended.
(9) National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee), as amended
(10) Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) as amended
(11) Wild and Scenic Rivers Act (16 U.S.C. 1271-1287), as amended.
(12) Wilderness Act of 1964 (16 U.S.C. 1131-1136)
(13) Endangered Species Act of 1973 (16 U.S.C. 1531-1544)

B. Executive Orders

(1) 11593--Protection and Enhancement of the Cultural Environment
(2) 11644--Use of Off-road Vehicles on the Public Lands
(3) 12996--Management and General Public Use of the National Wildlife 
Refuge System
(4) 13007--Indian Sacred Sites
(5) 12962--Recreational Fisheries

    1.4  How do we define the following terms? The following are 
definitions of terms used throughout this chapter.
    A. Priority wildlife-dependent recreational use and priority 
wildlife-dependent recreation. The National Wildlife Refuge System 
Administration Act of 1966, as amended, specifies that there are six 
priority general public uses of the National Wildlife Refuge System. 
The uses are hunting (605 FW 2), fishing (605 FW 3), wildlife 
observation (605 FW 4), wildlife photography (605 FW 5), environmental 
education (605 FW 6) or environmental interpretation (605 FW 7).
    B. Other recreational use. A recreational use of the System that is 
not one of the priority wildlife-dependent uses, but we may allow it if 
it is appropriate and compatible.
    C. Public use. Any use of the System by the public, including, but 
not limited to, those recreational uses and priority wildlife-dependent 
uses described above.
    1.5  What tools can we use to help us implement and manage a 
recreational use program? Refuge managers have various tools available 
to them to implement recreational use programs on refuges. These 
include, but are not limited to: building successful refuge support 
groups, building successful volunteer programs, implementing a user fee 
program, conducting meetings, highlighting refuge attributes through 
exhibits and brochures, hiring staff, training personnel, registering 
users, and issuing special use permits. We determine overall 
effectiveness of the programs by evaluating factors such as improved 
resource protection, the success of refuge support groups, the quality 
of the visitor's experience, and visitor compliance.
    1.6  How do we promote the mission of the System? We can promote 
the mission of the System through special events on both a local and 
national scale to showcase the System's roles in conservation efforts. 
These events can enhance public understanding and appreciation for 
conservation, and encourage broader public enjoyment of natural 
resources. We encourage Refuge managers to host special events for 
National Wildlife Refuge Week, International Migratory Bird Day, 
National Hunting and Fishing Day, Youth Hunting Days, National Fishing 
Week, and celebrations on refuge anniversaries, where appropriate. We 
also encourage Refuge managers to look for ways to introduce new 
sectors of the public to the System during these celebrations. By 
reaching out to new sectors, we lay the foundation to expand support 
for the System, understanding of wildlife conservation and management, 
and participation in wildlife dependent recreation.
    1.7  What management techniques are available to help us administer 
recreation programs? We will successfully administer recreational 
programs through the use of:
    A. Monitoring. Refuge managers, with help and support from Regional 
Offices as well as the public, must adequately monitor recreational 
activities on System lands. Monitoring programs must focus on the 
impacts of recreational activities on wildlife, habitat, and the 
quality of experience for the public. By implementing successful 
monitoring techniques, we can evaluate and adaptively manage to meet 
established standards and ensure that activities continue to be 
appropriate and compatible.
    B. Resolving conflicts. Refuge managers may establish use limits 
and/or zones for specific activities, disperse or restrict use, or use 
other means to minimize or eliminate conflict between uses that occur 
at refuges. We will ensure that non-priority uses, if allowed, do not 
interfere with or diminish the opportunity for or quality of priority 
wildlife-dependent recreational uses. Through the use of zones or the 
establishment of acceptable limits, we can generally provide a balanced 
recreation program and avoid favoring one priority recreational 
opportunity over another when both are compatible. We recognize, 
however that some refuges can support no public use; many refuges only 
support limited public use; and that not every priority use can be 
accommodated on every refuge.
    C. Closure of sensitive areas. Once opened to public use, the 
Refuge Manager may make a determination to close all or part of a 
refuge for public health and human safety reasons or to protect fish, 
wildlife, or plant resources. During non-emergency closure situations, 
the public will be notified and have the opportunity to participate in 
the decision-making process. During emergency closures, we will make 
every effort to keep the public informed of management decisions and, 
where possible, the basis for the closure.
    1.8  How do we address special requests and temporary situations? 
The System's recreational use policy must be flexible enough to address 
special requests or temporary situations. We accommodate these requests 
only if they are appropriate, compatible, and there are clear benefits 
to the Service for allowing the use. Provided the use is determined to 
be both appropriate (reference Appropriate Uses Chapter, 603 FW 1) and 
compatible, the Refuge Manager, with guidance from the Regional Office, 
may issue a one-time or short-term permit for recreational activities 
not generally allowed (e.g., an overnight activity or use of an 
historic structure). We must keep written justification documenting the 
analysis on file for an adequate period of time.

[[Page 3686]]

    1.9  What are the general recreation guidelines for the System? 
Hunting, fishing, wildlife observation, wildlife photography, 
environmental education, and interpretation are priority wildlife-
dependent recreational uses of the System. Refuge managers must 
facilitate wildlife/outdoor experiences that provide visitors with high 
quality experiences and help them understand and appreciate the value 
of the individual refuge and its role in the System. Refuge managers 
must analyze the effects of the priority wildlife-dependent 
recreational uses and must, unless there is a valid reason not to, 
provide for those priority uses determined to be compatible. Not all 
refuges will be able to support each, or even any, of the six priority 
wildlife-dependent recreational uses. If it is determined that a refuge 
can support one or more of these uses, the priority wildlife-dependent 
recreational use must receive preferential consideration in refuge 
planning and management before the Refuge Manager analyzes other 
appropriate recreational opportunities. These uses provide 
opportunities for visitors to become interested in and enjoy quality 
wildlife/outdoor experiences and learn about, understand, and support 
resource management programs. Refuge managers should produce programs 
that not only inform visitors about the System but emphasize the 
specific role of the individual refuge. Refuge managers should explore 
partnerships with Federal, State, Tribal, and local agencies to enhance 
wildlife-dependent recreation programs. Refuge managers should look for 
ways to encourage priority wildlife-dependent recreation uses, however, 
if little or no demand exists for a priority use, we do not require 
Refuge managers to provide that use. The following general guidelines 
apply to recreation management throughout the System:
    A. Recreational uses that enable priority wildlife-dependent 
recreational uses. Refuge managers may allow (with written 
justification) other compatible recreational uses that are necessary to 
facilitate the priority wildlife-dependent recreational uses. We can 
allow non-wildlife-dependent activities when needed to provide access 
to, help implement, or sustain a priority use when no other way is 
practicable. Refuge managers must determine the appropriateness as well 
as compatibility of such uses before allowing them to occur on System 
lands. For example, camping may be necessary to facilitate hunting on 
large remote refuges but may not be necessary to facilitate hunting on 
refuges near developed areas where camping or other lodging is 
available.
    B. After hours recreational use. We may, on occasion, allow 
activities to occur on a refuge at night if it is appropriate and 
compatible with the purpose(s) of the refuge and the System mission. An 
example might be night fishing. Allowing night activities on the refuge 
often requires increased management and law enforcement capability, and 
the manager must consider these factors in assessing the effect of the 
action on wildlife goals and objectives. A use should not be allowed 
simply because it is a historical use.
    C. Non-priority recreational uses. When considering non-priority 
public uses, Refuge managers must refer to the Appropriate Uses Chapter 
(603 FW 1).
    D. Access to sacred sites. Refuge managers will accommodate access 
to and ceremonial use of sacred sites by religious practitioners of 
recognized Native American Tribes and Native Hawaiians in accordance to 
Executive Order 13007 or 614 FW 1-5. Refuge managers, with help from 
their regional cultural resource staff, must familiarize themselves 
with Executive Order 13007, which clarifies and highlights procedures 
to execute this policy. Refuge managers should understand that these 
sites are sensitive, and allowing uncontrolled access by the general 
public to them is unacceptable. Refuge managers must ensure the 
physical integrity of the sites, including maintaining appropriate 
location confidentiality. Refuge managers will utilize formal 
agreements to outline the responsibilities of all parties involved in 
implementing the Executive Order.
    1.10  Are there general criteria that we can use to decide which 
recreational activities to allow? The following general criteria will 
help Refuge managers decide what recreational activities to allow, 
encourage, or develop, and at what level. Refuge managers must 
eliminate, with adequate consultation, documentation and cooperation 
with affected Federal, State, Tribal, local authorities, and groups, 
programs that do not meet these criteria.
    A. Ensure appropriateness. Refuge managers, in consultation with 
Regional Offices when deemed necessary, must first consider if a use is 
appropriate on System lands. Refuge managers must be able to show why 
the requested use supports the System mission and the purpose of the 
refuge before investing additional resources for a compatibility 
determination.
    B. Ensure compatibility. Refuge managers must:
    (1) Exercise sound professional judgment. Compatibility 
determinations are inherently complex and require the Refuge Manager to 
consider their field experiences and knowledge of a refuge's resources, 
particularly its biological resources, and make conclusions that are 
consistent with principles of sound fish and wildlife management and 
administration, available scientific information, and applicable laws.
    (2) Consider the extent to which available resources (funding, 
personnel, and facilities) are adequate to develop, manage, and 
maintain the proposed use so as to ensure compatibility. The Refuge 
Manager must make reasonable efforts to ensure that the lack of 
resources is not an obstacle to permitting otherwise compatible 
wildlife-dependent recreational uses (hunting, fishing, wildlife 
observation, wildlife photography, environmental education, and 
interpretation).
    (3) Under no circumstances (except emergency provisions necessary 
to protect the health and safety of the public or any fish or wildlife 
population) authorize any use not determined to be compatible.
    C. Focus on wildlife. Wildlife conservation is the first priority 
of the System, and new and ongoing recreational use programs should 
help visitors focus on wildlife and other natural resources. Activities 
should make visitors aware of the most important resource issues at the 
refuge, be supportive of management plans that address those issues, 
and show how the refuge contributes to the mission of the System.
    D. Tailor programs to refuge needs and ability to administer the 
program. Refuge Managers will determine and document:
    (1) The design and scope of a refuge recreational use program after 
evaluating the wildlife-dependent uses that are appropriate, 
compatible, and practical at that refuge; the amount and type of 
visitation; constraints of the location; traditions/viewpoints of the 
local populace; legal commitments; other opportunities in the area; 
public interest; resource management concerns; and other criteria.
    (2) A realistic demand for the activity. This is important because 
activities generally are harder to curtail or stop than to begin. 
Refuge Managers must have an eye to the future and be ready for 
possible changes in staffing, funding, or other program elements that 
may occur.
    E. Follow an approved plan. Before administering priority uses or 
identifying and allowing mandated or non-priority uses at a refuge, the 
Refuge Manager should consult the refuge's CCP, visitor service 
management plan,

[[Page 3687]]

and other applicable step-down plans. The documents will outline 
program objectives and other specific information that will provide the 
guidance needed to manage these activities.
    F. Ensure adequate resources. Refuge managers will:
    (1) Offer wildlife-dependent recreational use programs only to the 
extent that staff and funds are sufficient to develop, operate, and 
maintain the program to safe, high quality standards. Refuge managers 
should remember that, in general, the greater the scope and complexity 
of a program, the greater the need for staff and money. Where wildlife-
dependent recreational uses cannot occur at a refuge due to 
insufficient resources, Refuge managers will try to facilitate these 
programs through user fee programs and cooperative efforts, including 
memorandums of understanding, cost share agreements, sharing personnel 
with nearby refuges, and others. Conservation partnerships or other 
groups can help Refuge managers more effectively finance and administer 
recreational use programs on refuges by providing labor, funds, or 
other types of support. Where available and appropriate, Refuge 
managers should work with cooperating associations, volunteers, 
contractors, businesses, local communities, educational institutions, 
State and Tribal governments, other Federal agencies, conservation 
groups, other organizations, and the public, to minimize or reduce the 
costs of conducting recreational use programs. The community relations 
benefits of such an approach are effective and far-reaching.
    (2) Seek opportunities to develop formal agreements, contracts, 
cooperative ventures, and community sponsorships to fund equipment and 
supplies, maintain facilities, conduct training, provide technical 
assistance, and help with other aspects of a quality recreational use 
program. Refuge managers should not enter into agreements that 
unnecessarily encumber lands and facilities or hinder meeting resource 
management objectives at the refuge.
    1.11 Have we identified visitor service requirements on refuges? 
Yes. Service employees, volunteers, concessionaires, and other 
cooperators should conform to the following standards in planning, 
conducting, and evaluating all visitor services activities and 
facilities at refuges. These standards replace those outlined in the 
Public Use Minimum Requirements Handbook adopted by the Service in 
1984.
    A. Requirement 1. Develop a Visitor Services Plan. Through CCP's 
and visitor services plans, we will set goals, determine measurable 
objectives, identify strategies, and establish evaluation criteria for 
all visitor services. Careful planning provides the visiting public 
with opportunities to enjoy and appreciate fish, wildlife, and plants 
and other resources. As a result, the visiting public will develop an 
understanding and will build an appreciation of each individual's role 
in the environment today and into the future.
    B. Requirement 2. Welcome and Orient Visitors. We will assure that 
national wildlife refuges are welcoming, safe, and accessible. We 
should regularly schedule some refuge staff to work weekends, and 
holidays (except Thanksgiving, Christmas, and New Years Day) and other 
anticipated periods of high public recreational use. We will provide 
visitors with clear information so they can easily determine where they 
can go, what they can do, and how to safely and ethically engage in 
recreational and educational activities. Facilities will be high 
quality, clean, well-maintained, and accessible. We will treat visitors 
with courtesy and in a professional manner.
    C. Requirement 3. Provide quality hunting opportunities. Hunting is 
an appropriate use of wildlife resources of the System when compatible. 
Hunting programs will be of the highest quality, conducted in a safe 
and cost-effective manner, and, to the extent practicable, carried out 
in accordance with State regulations. (Reference 605 FW 2).
    D. Requirement 4. Provide quality fishing opportunities. Fishing is 
an appropriate use of wildlife resources on units of the National 
Wildlife Refuge System when compatible. Fishing programs will be of the 
highest quality, conducted in a safe and cost-effective manner, and, to 
the extent practicable, carried out in accordance with State 
regulations. (Reference 605 FW 3).
    E. Requirement 5. Provide quality wildlife observation and wildlife 
photography opportunities. Wildlife observation and wildlife 
photography (reference 605 FW 4 and 605 FW 5 respectively) are 
appropriate wildlife-dependent recreational uses of System lands when 
compatible. Visitors of all ages and abilities will have an opportunity 
to observe and photograph key wildlife and habitat resources of the 
refuge. Viewing and photographing wildlife in natural or managed 
environments will foster a connection between visitors and natural 
resources.
    F. Requirement 6. Develop and implement a quality environmental 
education program. Through formal, curriculum-based environmental 
education tied to national and State education standards, we will 
advance public awareness, understanding, appreciation, and knowledge of 
key fish, wildlife, plant, and resource issues. Each refuge staff 
person will assess their potential to work with schools in providing an 
appropriate level of environmental education. We may support 
environmental education through the use of facilities, equipment, 
educational materials, teacher workshops, and study sites that are safe 
and conducive to learning. (Reference 605 FW 6).
    G. Requirement 7. Interpret key resources and issues. We will 
communicate the most important fish, wildlife, habitat and other 
resource issues to visitors of all ages and abilities through effective 
interpretation. We will tailor messages and delivery methods to 
specific audiences and present them in appropriate locations. Through 
heightened awareness, we will inspire visitors to take positive actions 
supporting refuge goals and the System mission. (Reference 605 FW 7).
    H. Requirement 8. Manage for appropriate recreational 
opportunities. The National Wildlife Refuge System Administration Act 
as amended by the National Wildlife Refuge System Improvement Act of 
1997 states that compatible wildlife-dependent recreational uses are 
the priority public uses of the National Wildlife Refuge System 
(hunting, fishing, wildlife observation, wildlife photography, 
environmental education, and interpretation) and will receive enhanced 
consideration over other general public uses. Volunteers, partners, 
recreation fees and concessions are tools available to assist us in 
managing these uses. We will only permit other uses when we determine 
that they are legally mandated, provide benefits to the Service, occur 
due to special circumstances, or facilitate one of the priority 
wildlife-dependent recreational uses. (Reference 605 FW 1).
    I. Requirement 9. Communicate key issues with off-site audiences. 
Effective outreach depends on open and continuing communication between 
the refuge and the public. This communication involves determining and 
understanding the issues, identifying audiences, crafting messages, 
selecting the most effective delivery techniques, and evaluating 
effectiveness. Achieved results will further the mission of the System 
and purpose(s) of the refuges. See the National Outreach Strategy: A 
Master Plan for Communicating in the U.S. Fish

[[Page 3688]]

and Wildlife Service, and America's National Wildlife Refuge System: 
100 on 100 Outreach Campaign.
    J. Requirement 10. Build volunteer programs and partnerships with 
refuge support groups. Volunteer and refuge support groups fortify 
refuge staffs with their gift of time, skills, and energy and are 
integral to the future of the System. Refuge staff will initiate and 
nurture relationships with volunteers and refuge support groups, and 
will continually support, monitor, and evaluate these groups with the 
goal of fortifying important refuge activities. The National Wildlife 
Refuge System Volunteer and Community Partnership Enhancement Act of 
1998 (P.L. 105-242) strengthens the System's role in developing 
effective partnerships with various community groups. Whether through 
volunteers, refuge support groups, or other important partnerships in 
the community, refuge personnel will seek to make the refuge an 
integral part of the community, giving rise to a stronger System.

Draft Hunting Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605  Fish and Wildlife Service Manual

Chapter 2 Hunting  605 FW 2.1

    2.1  What is the purpose of this chapter? This chapter provides the 
Fish and Wildlife Service's (Service) policy governing the management 
of recreational hunting on units of the National Wildlife Refuge System 
(System or we).
    2.2  To what programs does this chapter apply? The policies 
contained in this chapter apply to recreational hunting within the 
System. Refer to other chapters or regulations governing policies and 
procedures addressing related activities such as guiding (604 FW 7) and 
field trials (631 FW 5).
    2.3  What is our policy on hunting on refuge lands? The overarching 
goal of our priority public use policies is to enhance opportunities 
and access to high quality visitor experiences on national wildlife 
refuges while not compromising wildlife conservation. We recognize 
hunting as a healthy, traditional outdoor pastime, deeply rooted in 
American heritage, and when managed appropriately, can instill a unique 
understanding and appreciation of wildlife, their behavior, and their 
habitat needs. Hunting also is an important wildlife management tool on 
refuges. Hunting is a legitimate and appropriate public use of the 
System, and along with the five other priority public uses in the 
Refuge Improvement Act, will receive enhanced consideration over other 
uses. This means we will invest our resources and imagination in 
providing high quality hunting experiences for refuge visitors. When 
determined to be compatible, refuge managers are strongly encouraged to 
provide public hunting opportunities. Hunting programs will promote 
understanding and appreciation of natural and cultural resources and 
their management on all lands included in the System. We rely on close 
cooperation and coordination with State fish and wildlife management 
agencies in managing hunting opportunities on refuges and in setting 
refuge population management goals and objectives. Regulations 
permitting hunting of resident wildlife within the System shall be, to 
the extent practicable, consistent with State fish and wildlife laws, 
regulations, and management plans. We encourage refuge staff to develop 
and take full advantage of opportunities to work with other partners 
who have an interest in helping us promote high quality hunting 
programs on refuges.
    2.4  What are the objectives for our hunting programs? The 
objectives of the System hunting program are to promote public 
understanding of and increase public appreciation for America's natural 
resources, to manage wildlife populations at optimum levels, and to 
provide opportunities for high-quality recreational and educational 
experiences.
    2.5 What are the authorities that allow hunting on the System? 
Refer to 605 FW 1 for laws that govern hunting on System lands.
    2.6 Do we have common definitions for hunting terms? Yes. The 
following are definitions of terms used in reference to hunting.
    A. Open to the public. Open to public hunting means we allow 
individuals who hold, if required, valid licenses, permits, stamps or 
other documents to enter and take specific wildlife species. Areas open 
to hunting may differ from areas open to the general public for other 
recreational activities. We note this distinction on signs and in 
outreach materials, such as general refuge or hunting brochures.
    B. Quality hunting experience. A quality hunting experience is one 
that:
    (1) Maximizes safety for hunters and other visitors;
    (2) Encourages the highest standards of ethical behavior in taking 
or attempting to take wildlife;
    (3) Is available to a broad spectrum of the hunting public;
    (4) Contributes positively to or has no adverse affect on 
population management of resident or migratory species;
    (5) Reflects positively on the individual refuge, the System, and 
the Service;
    (6) Provides hunters uncrowded conditions by minimizing conflicts 
and competition among hunters;
    (7) Provides reasonable challenges and opportunities for taking 
targeted species under the described harvest objective established by 
the hunting program. It also minimizes the reliance on motorized 
vehicles and technology designed to increase the advantage of the 
hunter over wildlife;
    (8) Minimizes habitat impacts;
    (9) Creates minimal conflict with other priority wildlife-dependent 
recreational uses or refuge operations; and
    (10) Incorporates a message of stewardship and conservation in 
hunting opportunities.
    C. Special weapons hunts. Special weapons hunts limit the choice of 
weapons individuals can use in the field to take big game (e.g., elk, 
deer). Bows, shotguns, and black powder guns may be classified as 
special weapons. We generally authorize special weapons hunts with 
appropriate conditions, such as ``Archery Only,'' ``Primitive Weapons 
Only,'' or ``Shotgun Only,'' unless these hunts are spatially separated 
by season.
    D. Inviolate sanctuaries. A national wildlife refuge, or portions 
thereof, acquired or established in one of the following ways:
    (1) Acquired with the approval of the Migratory Bird Conservation 
Commission (MBCC) for the purpose of an inviolate sanctuary;
    (2) Established by an instrument or document that states that we 
intend to manage the area as an ``inviolate sanctuary for migratory 
birds'' or to fulfill the purpose of the Migratory Bird Conservation 
Act.
    E. Tournament hunting. A hunting competition for monetary or other 
prizes, such as a ``Big Buck'' contest.
    2.7 When do we address the decision to allow hunting for proposed 
additions to the National Wildlife Refuge System? When lands and waters 
are under consideration for addition to the System, the Refuge Manager 
will make an interim compatibility determination on any existing 
priority public uses. The record of decision establishing or expanding 
hunting on the refuge must document the completion of such 
determinations. The results of these determinations are in effect until 
the completion of a Comprehensive Conservation Plan (CCP). It is during 
the development of the CCP and implementation of the National

[[Page 3689]]

Environmental Policy Act (NEPA) that we accept and incorporate public 
comments into the hunting decision on the refuge.
    2.8 How do we open System lands to hunting? The decision to open a 
refuge to hunting depends on the provisions of laws and regulations 
applicable to the specific refuge and a determination by the Refuge 
Manager that opening an area to hunting will be compatible. This 
decision must also be consistent with the principles of sound wildlife 
management, applicable wildlife objectives, and otherwise be in the 
public interest (see 50 Code of Federal Regulations (CFR) 32.1).
    A. Specific conditions. The following conditions apply to hunting 
on certain units of the System.
    (1) Inviolate sanctuaries. We may allow hunting of migratory game 
birds on no more than 40 percent of the total area unless the Secretary 
finds that taking of any such species in more than 40 percent of such 
area would be beneficial to the species (NWRSAA). If we open only 40 
percent of an inviolate sanctuary to migratory bird hunting, the opened 
area could conceivably contain 100 percent of the habitat for migratory 
birds and comply with the law. However, we must first determine if the 
proposal is compatible with the purposes of the refuge and the System 
mission. Before we can open more than 40 percent of an inviolate 
sanctuary to hunting, we must publish the reasons for doing so in the 
Federal Register. Because of this requirement, the Director, under 
delegation from the Secretary, must approve all proposals to open more 
than 40 percent of an inviolate sanctuary to migratory bird hunting. 
Regional Directors retain the authority to open more than 40 percent of 
areas on refuges that are not inviolate sanctuaries. Refuge managers 
must carefully evaluate all such proposals to ensure the proposed 
action will be compatible. Inviolate sanctuary classification imposes 
no limits on hunting non-migratory birds or other game species.
    (2) Waterfowl Production Areas (WPAs). WPAs are open to hunting in 
accordance with State law (50 CFR 32.1) as long as it is compatible. A 
hunting plan or rulemaking document is not necessary to open these 
areas to hunting. We may restrict WPA hunting programs and under 50 CFR 
32.1, we may also close WPAs to hunting and other public use if 
circumstances warrant.
    (3) Wetland easements. We have no authority over hunting on wetland 
easements, which we most often acquire as part of the Small Wetland 
Acquisition Program, unless we purchased specific rights with the 
easements. For these easements, the landowner has usually retained all 
rights to control public access, including for hunting and other 
recreational uses.
    (4) Easement refuges. The rights acquired with the individual 
easement refuge determines our control of hunting on easement refuges. 
The Regional Director is responsible for determining the extent of our 
control over hunting on these areas. If we control hunting, the Refuge 
Manager must follow all procedures required to open a refuge to 
hunting.
    (5) Farm Service Agency Easements formerly Farmers Home 
Administration (FmHA)). We have no authority over hunting or other 
forms of public use on easements obtained through the various Farm 
Service Agency inventory property easement programs of 1985, 1990, and 
1996. The landowner retains the right to control access for hunting and 
other recreational uses.
    (6) National wildlife refuges in Alaska. The Alaska National 
Interest Lands Conservation Act (ANILCA) (16 U.S.C. 410hh-3233 and 43 
U.S.C. 1602-1784) opens all national wildlife refuges in Alaska to 
hunting under applicable Federal and State law as long as it is 
compatible (50 CFR 36.32). A hunting plan or rulemaking document is not 
necessary to permit hunting on these refuges. We may prohibit or 
restrict the taking of wildlife only in conjunction with notices and 
hearings under the requirements of 50 CFR 36.42 regarding public 
participation and closure procedures. Local rural residents may hunt 
wildlife for subsistence uses in compliance with applicable Federal and 
State laws. Under ANILCA, non-wasteful subsistence use of wildlife by 
rural residents has priority over other consumptive uses permitted on 
national wildlife refuges in Alaska.
    B. Evaluation criteria for hunting programs. We will use the 
following criteria and standards to evaluate hunting programs on units 
of the System:
    (1) Compatibility. A hunting program must be compatible with the 
purpose(s) of the refuge and the System mission.
    (2) Biological integrity, diversity, and environmental health. We 
maintain, or contribute to the maintenance of, populations of native 
species. We design our wildlife population management strategies to 
support accomplishing refuge purposes while maintaining or restoring 
biological integrity, diversity, and environmental health (see 601 FW 
3). We formulate refuge goals and objectives for population management 
by considering natural densities, social structures, and population 
dynamics at the refuge level and population objectives set by national 
plans and programs--such as the North American Waterfowl Management 
Plan--in which the System is a partner.
    (3) Relationship with other public use programs. An integrated 
approach to providing opportunities for compatible wildlife-dependent 
recreational uses will minimize conflicts between individuals 
participating in these uses. We will evaluate time and space scheduling 
and zoning as methods to ensure opportunities for quality experience 
among different user groups.
    (4) Resources. Providing quality recreational experiences for the 
public requires appropriate funding, facilities, and staff. The House 
Report accompanying the House of Representatives version of the 
National Wildlife Refuge System Improvement Act of 1997 (H. Rpt. 105-
106) encourages refuge managers to take reasonable steps to obtain 
outside assistance from States and other conservation interests, if 
adequate financial resources are not available to manage a priority use 
in a compatible manner. Refuge managers should work closely with State, 
community, and conservation partners to help obtain necessary resources 
to manage the priority wildlife-dependent recreational use programs. 
Potential sources of support include the following: hunting 
organizations, user fees for hunting; cooperating with State, local, or 
Tribal agencies; and assistance from refuge support groups or 
volunteers. We encourage refuge managers to seek and implement other 
opportunities to obtain additional resources as they become available.
    (5) Evaluation and monitoring. Refuge managers must monitor and 
evaluate their hunting programs regularly. Refuge managers should 
evaluate both the quality of the recreation experience and the effects 
of the activity on refuge resources. A wide variety of evaluation tools 
exist, from simply asking the hunting public how they rate their 
experience to contracting with a university or private company to 
conduct a formal survey. If a Refuge Manager decides to use a survey to 
evaluate the hunting experience, he or she must receive approval from 
the Office of Management and Budget on the information collection 
process before conducting any public surveys.
    C. Consultation and coordination. (1) Coordination with states. 
When a refuge, or portion thereof, is open to hunting, we allow hunting 
within the

[[Page 3690]]

framework of applicable State regulations. We consult with the State, 
Tribes, and other appropriate authorities during the development of 
hunting programs and whenever we plan significant changes. Refuge 
regulations must be consistent with State regulations, to the extent 
practicable. The use of more restrictive regulations requires 
consultation with the State. We must list regulations that are more 
restrictive than State regulations, such as seasons and fishing hours 
as refuge-specific regulations in 50 CFR part 32. Refuge-specific 
regulations must not weaken existing State laws and regulations. We 
must justify deviations from State regulations in the refuge hunting 
plan or amendments to that plan.
    (2) Endangered species consultation. We will review all hunting 
programs annually to determine if they may affect, adversely or 
beneficially, threatened or endangered species and their habitats. The 
Refuge Manager will initiate consultation as appropriate, under Section 
7 of the Endangered Species Act and intra-Service consultation 
procedures.
    (3) Public involvement. The appropriate level of public involvement 
must accompany new or significant changes to existing hunting programs. 
Refuge managers must plan efforts well in advance of the proposed 
changes in order to obtain as much involvement from groups and 
individuals as possible. A variety of methods are available for the 
Refuge Manager to use to involve and inform the public, including 
public meetings, workshops, news releases, and mailings to interested 
groups. We encourage refuge managers to continue to use these and other 
methods. We require an outreach plan developed in coordination with 
Regional External Affairs Offices for new hunting programs or any major 
changes affecting existing programs.
    D. Documentation required to open a refuge to hunting. The Refuge 
Manager must submit the following documents to the appropriate staff in 
the Regional Office to open a refuge to hunting. The Regional Office 
then forwards a copy of these documents to the National Wildlife Refuge 
System Headquarters for preparation of a rulemaking document.
    (1) Step-down hunting plan. This plan should be a step-down plan of 
the refuge's CCP which must include a compatibility determination on 
the hunting program. If the unit has not yet completed a CCP, the step-
down hunting plan must contain a compatibility determination until the 
CCP is completed. The hunting plan should be an appendix to the overall 
plan for providing public uses on refuges. The plan will provide 
documentation of the hunting allowed on a refuge, including the 
relationship of hunting to refuge purpose(s), goals, and objectives and 
the System mission. The suggested format for a refuge hunting plan is 
labeled as Exhibit 1 in this chapter.
    (2) Appropriate NEPA documentation.
    (3) Appropriate decision documentation.
    (4) Section 7 evaluation. (See Exhibit 2 for information on Section 
7 evaluation.)
    (5) Copies of letters requesting State, and, where appropriate, 
tribal involvement and the results of the request.
    (6) Draft news release.
    (7) Outreach plan. (We label a Directorate-approved outline for an 
Outreach Plan as Exhibit 3.)
    2.9 Who prepares and reviews a refuge hunting plan? The Refuge 
Manager, with technical assistance as needed from the Regional Office 
and State and Tribal wildlife agencies, is responsible for preparation 
of the hunting plan. The Regional Director approves the plan before the 
rulemaking process begins. The Regional Office sends copies of the 
approved hunting plans to Headquarters (including the approved outreach 
plan) for concurrence. During the rulemaking process, Headquarters 
staff use the hunting plan as reference material and supporting 
documentation. The Refuge Manager must annually review hunting plans 
for each refuge where we allow hunting. The Refuge Manager must refer 
to this plan in the Refuge Public Use Plan or CCP and provide overall 
documentation of the hunting allowed on a refuge.
    2.10 What information do we need for publication in the Federal 
Register? The Refuge Manager must submit information about what species 
we propose to open for hunting and the conditions of the proposed hunt 
once we determine the proposal to be compatible and document the 
results in an approved hunting plan. The Regional Liaison must forward 
copies of this information to the Federal Register Liaison at 
Headquarters for the development of the proposed and final refuge-
specific regulations (codified in 50 CFR), which we publish in the 
Federal Register. If a Refuge Manager proposes to open more than 40 
percent of an inviolate sanctuary to migratory game bird hunting, we 
must also publish the justification in the Federal Register.
    2.11 What is the refuge-specific regulations process? The refuge-
specific regulation process is outlined below:
    A. Headquarters must publish in the Federal Register, proposed 
refuge-specific regulations pertaining to a refuge's hunting program 
that are necessary to conduct that program prior to them becoming 
effective. Refuge managers must forward all refuge-specific regulations 
through appropriate channels to Headquarters for clearance and 
submission to the Federal Register. The refuge is open to hunting 
officially after the effective date of the final rule. Hunting can 
begin concurrently with or after the opening of the State season.
    B. Refuge managers must review these regulations and the refuge 
hunting plan annually to ensure compatibility and consistency of the 
hunting program with existing laws and regulations. Refuge managers 
must submit any amendments (additions, deletions, or modifications) 
each year to the designated regional hunting and fishing program 
coordinator who, in turn, sends that information to Headquarter's 
Federal Register Liaison for inclusion in the rulemaking documents for 
publication in the Federal Register. Headquarter's Federal Register 
Liaison must receive this information by January 31 each year to allow 
sufficient time for compilation and review by concerned program offices 
and the Solicitor, signature by the Assistant Secretary, and the 
Departmental review for both proposed and final rules. This includes a 
30-day public comment period on the proposed rule. We cannot publish a 
refuge opening without the complete hunting package. If no amendments 
are necessary, refuge managers should submit a negative response to 
that effect to the Regional Office (to the attention of the hunting and 
fishing program coordinator). Refuge-specific regulations should be 
standard and consistent in format throughout the System. We include 
guidelines for preparing and submitting regulations and amendments in 
Exhibit 4.
    2.12 How do we revise a hunting plan? The Refuge Manager may 
approve all revisions in hunting plans except major revisions. Major 
revisions in hunting plans (e.g., addition of big game to a hunting 
program, designating hunts for special weapons use only) must occur as 
an amendment to the hunting plan unless the original plan included 
specific conditions under which that revision could occur. The 
preparation and approval of amendments follows the same guidelines as 
preparation and approval of the original plan. Submit only the revised 
portion of the plan for approval to the Regional Office. The

[[Page 3691]]

Regional Director approves revisions only when Headquarters has already 
listed the refuge in 50 CFR as open to that particular category of 
hunting. Otherwise, refuge managers must submit the amended hunting 
plan for rulemaking. Opening a refuge to new categories requires the 
appropriate National Environmental Policy Act (NEPA) findings.
    2.13 What are the guidelines for refuge hunting programs? We should 
plan, manage, conduct, and evaluate refuge hunting programs on a 
consistent basis in ways that ensure hunter and visitor safety, and 
promote positive values such as fair chase, high ethical standards, and 
respect for the resource. Hunting on refuges must have the attributes 
of a quality hunt as defined in section 2.6B. The following guidelines 
should help ensure quality opportunities are available.
    A. Permits. We require hunters to have all applicable Federal, 
State, and Tribal licenses or stamps in their possession. We can issue 
refuge permits to limit participation or gather information. If we use 
refuge permits to limit hunter numbers, we will issue them on a random 
basis to the public. Refuge managers should avoid complicated 
application processes that require additional resources. Application 
processes should be flexible to provide an opportunity to all potential 
hunters. Under ANILCA, qualified rural subsistence hunters are given a 
preference to harvest game on Alaska refuges as outlined by the rules 
and regulations established by the Federal Subsistence Board. We should 
coordinate with Tribal and State application and lottery processes 
where practicable.
    B. Fees. The Refuge Manager makes the decision to charge a fee in 
coordination with the Regional Office. We have the authority to charge 
fees for applications, refuge permits, and the use of facilities (i.e., 
hunting blinds) under existing recreation fee programs. We use fees 
collected for visitor service enhancement projects, and resource 
protection. The authority under which we collect fees contains 
stipulations on how we may reinvest the monies. The Regional Fee 
Coordinator can assist with the approval of fees as well as provide 
information on the appropriateness of fund distribution.
    C. Zoning recreational use. We desire a balanced hunting program 
that allows a variety of quality hunting opportunities. For example, 
designating areas for youth hunts, establishing areas that provide 
access for hunters with disabilities, establishing ``special weapons'' 
areas, designating areas for seasonal or daily closures for consumptive 
and non-consumptive use, designating areas for non-motorized boat use, 
and establishing areas where hunters use methods to reduce crippling 
loss, help us achieve a balanced hunting program and increase the 
quality of the experience. We can also use zoning to reduce conflicts 
between hunters and other users.
    D. Law enforcement. Law enforcement is an important part of any 
hunting program. It is used to ensure legal and equitable utilization 
of fish and wildlife resources on refuges, as prescribed by law. Law 
enforcement is also used to obtain compliance with laws and regulations 
necessary for proper administration, management, and protection of the 
System. The effort invested should be sufficient to protect human 
safety, wildlife populations, and ensure compliance with regulations 
based on past experiences and current circumstances.
    E. Hunter access and vehicle control. Refuge managers must 
carefully plan, manage, and evaluate access and vehicle control to 
retain high levels of undisturbed opportunities. Refuge managers should 
strongly encourage those opportunities not dependent upon the use of 
motorized vehicles. We can make exceptions to general access 
restrictions for hunters with disabilities when necessary to facilitate 
their experience, and when compatible with resource management 
objectives. For example, refuge managers may issue special use permits 
to hunters with certain disabilities for access to hunt blinds, or 
retrieval of downed game. Refuge managers could require specific 
physician's documentation before providing the disabled hunter a 
special use permit.
    F. Camping. We may allow camping on refuges when it is necessary to 
support hunting opportunities. Camping is appropriate only when no 
reasonable (based on time, distance and expense) lodging opportunities 
are available off-refuge and when staff resources needed to manage 
camping do not detract from the quality of another priority wildlife-
dependent recreational use. Large refuges in the western United States, 
refuges in Alaska, and some remote refuges allow camping under this 
criteria. See the Appropriate Refuge Uses chapter (603 FW 1) for 
additional information.
    G. Hunting by service staff. Service employees are subject to the 
same rules and regulations as the general public. If only limited 
hunting opportunities exist, refuge managers should discuss with 
Service employees the need to be sensitive to the possibility of the 
public perception of conflict of interest. We never authorize Service 
employees to wear uniform components outside of their official 
capacity. When employees participate in off-duty hunting opportunities, 
they are not authorized and, therefore, should never wear uniform 
components (e.g., uniform ball caps, uniform jeans). When Service 
employees actively participate in assigning limited hunting permits, 
they will not participate in that particular hunt on those affected 
refuge lands. In addition, personnel may not use means of access to 
hunt in areas that are not available to the general public.
    H. Communication materials. Professionally developed outreach 
materials will benefit refuge managers by providing clear and thorough 
information to hunters. Brochures must conform with the U.S. Fish and 
Wildlife Service Graphics Standards and be consistent with refuge-
specific regulations. Contact your Regional Publications Coordinator 
for graphic standards. Refuge managers do not need to include 
regulations and dates that are identical to State seasons. Include 
information that encourages hunters to hunt safely and ethically. We 
encourage refuge managers to use electronic media, such as the 
Internet, to distribute information. Refuge managers should work with 
Regional Office staff to provide information on standards and 
guidelines for all communications materials.
    I. Equipment. Refuge managers may place limits on certain equipment 
such as decoys, boats, tree stands, and type of firearm or ammunition 
if they determine that such limits reduce crippling loss, resource 
damage, hunter conflicts, or improve the quality of the hunt.
    J. Boundary hunting. We discourage boundary hunting adjacent to 
closed areas of refuges. We can alter boundary lines or habitat, or 
eliminate parking areas and access roads, to distribute hunters or 
modify wildlife use patterns in ways that make boundary hunting less 
appealing. Refuge managers must use retrieval zones sparingly and only 
to prevent waste by allowing the retrieval of dead or crippled game. 
Prior to establishing these zones, managers should consider adjusting 
hunt boundaries as well as the cost of signing and enforcing 
restrictions. Limit the entry of hunters into closed areas wherever 
possible. Retrieval of big game may require entry, with permission, 
into closed areas.
    K. Check stations. Use check stations only as a means to monitor 
the hunt, gather important information that we cannot obtain in a less 
expensive

[[Page 3692]]

manner, or gather biological information about animal populations. 
Refuge managers should evaluate the continued use of check stations 
periodically to determine if there is a more cost-effective means of 
providing quality hunting services. Use permanent check stations only 
to control the hunting area access and not to enforce hunting 
regulations.
    L. Data collection. Refuge managers should evaluate hunting 
programs to determine if we are meeting objectives. Refuge managers 
should consult with the State regarding data collection needs and 
survey methods.
    M. Proficiency testing. Generally, we will not require mandatory 
testing or qualifications above State requirements. If a Refuge Manager 
wants to implement a proficiency test more restrictive than that 
required by the State, the Refuge Supervisor must approve the test. For 
example, if hunters were not allowed to take black ducks or mallard 
hens on a refuge but were permitted to take gadwalls, the hunter could 
be required to show proficiency in the identification of gadwalls and 
other waterfowl.
    N. Hunting with dogs. The use of properly trained dogs is an 
important part of the American hunting tradition, enhances the quality 
of the hunting experience, and can reduce the loss of crippled game. We 
recognize the long relationship between dogs and hunters. However, in 
our effort to emphasize high-quality visitor experiences which minimize 
visitor use conflicts and wildlife disturbance, we must make 
distinctions between various uses of dogs for hunting. Not all uses of 
dogs for hunting will fit with System quality hunting experience goals.
    We do not allow hunting dogs in areas closed to hunting or other 
public use and we only allow their use in the following circumstances:
    (1) Retrievers. We encourage the use of trained retrieving dogs for 
waterfowl. Emphasize the value of trained retrievers in reducing the 
loss of downed birds in outreach materials promoting the hunting 
program.
    (2) Pointing and flushing dogs. Typically, hunters use pointing and 
flushing dogs in pursuit of upland game birds. Well-trained pointing 
and flushing dogs enhance a hunting experience by creating more 
opportunities and finding and retrieving downed birds.
    (3) Pursuit hounds. Refuge managers will carefully consider the 
impacts of the use of pursuit hounds on the refuge. When evaluating 
compatibility of hunting with pursuit hounds, a Refuge Manager will 
include the following discussion points in the compatibility 
determination:
    (a) The likelihood of pursuit hounds injuring or annoying wildlife 
to such an extent as to significantly disrupt normal behavioral 
patterns of non target species;
    (b) The likelihood of pursuit hounds interfering with the quality 
of the experience of other refuge visitors;
    (c) The likelihood of pursuit hounds venturing out of open hunting 
areas and entering closed areas or adjacent private lands; and
    (d) The effects of pursuit hounds ranging out of the hunter's 
control and being left on the refuge for an extended period of time.
    O. Special weapons hunts. We offer hunting opportunities to as 
broad a spectrum of the public as possible. Consider special weapons 
hunts, as defined in section 2.6C, under some of the following 
conditions:
    (1) Safety. Extremely dense cover, agricultural fields, or other 
vegetation characteristics may create situations where rifles are not 
appropriate. Configuration of hunt areas, such as long, narrow 
corridors or occupied inholdings, may also create situations where we 
should only allow specific weapons due to safety considerations.
    (2) Limited harvest. In cases where there are relatively low 
populations or other limited harvest opportunities, offering special 
weapons hunts could be a method to provide hunting opportunities where 
they would otherwise not exist.
    (3) State seasons for special weapons. In some States, the State 
designates separate seasons for specific weapons. When the State 
conducts archery, black powder, and other special seasons, it may be 
appropriate for refuge hunts to accommodate them. The decision as to 
whether a special weapons hunt approved by the State is compatible on 
the refuge lies with the Refuge Manager.
    P. Falconry. If falconry is deemed appropriate and compatible on 
the refuge, it must be conducted under applicable Federal, State, and 
Tribal regulations. Refuge managers should consider:
    (1) Will the refuge falconry hunting area provide a quality and 
safe falconry experience? For example, is the area large enough for a 
raptor to fly, stoop, and capture prey and be unobstructed by barbed 
wire fences or power lines?
    (2) Will endangered or threatened species be harassed (see 50 CFR 
17.11)?
    (3) Will falconry negatively impact adjacent land uses (e.g., a 
nearby poultry farm) or will adjacent land uses affect the falconry on 
the refuge (e.g., a neighboring race track)?
    Q. Nontoxic shot. Hunters may possess only nontoxic shot that 
conforms with the standards identified in 50 CFR 32.2(k) while hunting 
with shotguns or muzzle loaders on WPA's, or on certain other areas of 
the System. This regulation does not apply to turkey and deer hunters 
using buckshot or slugs, except as specifically limited by refuge-
specific regulations.
    R. Night hunting. We allow night hunting when it is appropriate and 
compatible with the purpose(s) of the refuge and the mission of the 
System. If a refuge is generally not open after sunset, refuge managers 
may make an exception and allow night hunting. Refuge managers must 
base the decision on specific refuge objectives and not historical use. 
Reference the General Recreation Guidance Chapter, 605 FW 1, for 
additional information about after-hours activities.
    S. Tournament hunting. We prohibit this type of hunting on System 
lands and waters unless we make a specific determination that the event 
builds appreciation for and an understanding of fish and wildlife 
resources, does not reasonably interfere with other refuge visitors, 
and if prizes of only nominal value are awarded. Refer to the 
Appropriate Uses Chapter (603 FW 1) for additional discussions of 
competitive events.
    T. Youth hunting. We encourage refuge managers to set aside areas 
or times to promote hunting by children or under represented groups. 
Experiencing hunting in a safe environment and exposure to proper 
hunting methods is important to developing life skills and public 
support for healthy ecosystems. Refuge managers should take advantage 
of these opportunities to educate young hunters and their parents about 
the importance of wildlife management.
    2.14 How do we close a refuge to hunting? The Refuge Manager may 
close all or any part of a refuge that we have opened to hunting 
whenever necessary to protect the resources of the area or in the event 
of an emergency endangering life, property, or any population of 
wildlife, fish or plants (50 CFR 25.21).
    A. Emergency closure. We do not require advance public notice for 
closure under emergency conditions. We will notify the public of such 
closures by signs, special maps, or other appropriate methods.
    B. Non emergency closure. We will evaluate non-emergency closure of 
a refuge hunting program for impacts on wildlife populations, 
ecosystems, and priority recreation uses. If the impacts are likely to 
be major or controversial, we will prepare an environmental assessment 
and follow the public

[[Page 3693]]

participation process identified in the National Environmental Policy 
Act (NEPA). We will evaluate the impacts of the decisions and give 
appropriate notification to the public. In Alaska, temporary closures 
or restrictions relating to the taking of wildlife will not be 
effective prior to the notice and hearing that we will conduct for an 
emergency closure in the vicinity of the affected area(s) and may not 
exceed 12 months.

Exhibit 1--Refuge Hunting Plan Format

I. Introduction

    Include a general description of the refuge and information 
pertinent to the planned hunting program. If a Refuge Manager 
develops this hunting plan as a portion of an integrated public use 
plan, we may not require this information. Include non repetitive 
general information in the Comprehensive Conservation Plan.

II. Conformance with Statutory Authorities

    Explain how the program will be compatible with the System 
mission, the goals and objectives of the refuge, and the purpose(s) 
for which the refuge was established. Include projections of the 
resources (staff and funding) needed to conduct the program and 
their sources. Include an explanation of how the program will 
address the requirements of applicable authorities.

III. Statement of Objectives

    List the major refuge objectives and the specific objectives of 
the hunting program. Describe how hunting will impact the refuge 
objectives.

IV. Assessment

    Evaluate the hunting resources on the refuge populations and 
habitats. Points to discuss include, but are not limited to, the 
following:
    a. Will populations sustain hunting and still support other 
wildlife-dependent priority uses?
    b. Do target species and other wildlife compete for habitat?
    c. Do target species prey on other species at unacceptable 
levels?

V. Description

    Describe the program in detail, using graphics as needed. The 
description should include:
    a. Areas of the refuge that support target species.
    b. Areas of the refuge to be opened to hunting.
    c. Species designated for hunting and hunting periods.
    c. Justification of permit system, if required.
    d. Consideration of user fees.
    e. Consultation and coordination procedures with States, 
including justification of refuge-specific regulations.
    f. Methods of control and enforcement.
    g. Staffing and funding needs.
    h. Consideration of providing opportunities for hunters with 
disabilities.

VI. Measures Taken To Avoid Conflicts With Other Management Objectives

    a. Biological conflicts. Include section 7 consultation, and 
other measures proposed to minimize or eliminate conflicts with 
endangered species or non target species.
    b. Social conflicts. Include proposed measures that minimize or 
eliminate conflicts with other user groups.

VII. Hunt Specifics

    a. Refuge-specific regulations.
    b. Outreach plan.
    c. Hunter application and registration procedures (if needed).
    d. Description of hunter selection process (if needed).
    e. Draft news release regarding the hunting program.
    f. Description of hunter orientation, including pre hunt 
scouting opportunities.
    g. Hunter requirements:
    (1) State determined age requirement.
    (2) Allowable equipment.
    (3) Licensing and permits.
    (4) Reporting requirements.
    (5) Hunter training and safety.
    (6) Other information (use of dogs, falconry, etc.)

VIII. Compatibility Determination

IX. Appropriate NEPA Documents

X. Evaluation

    a. Monitoring and reporting use levels and trends.
    b. Surveying needs of the hunting visitor.
    c. Are we meeting program objectives?
    d. Do we need to resolve any conflicts?
    e. Refuge/Regional Office review schedule.

Exhibit 2--Priority Wildlife-Dependent Recreation (Hunting)

    Use the following terminology for your Section 7 determination 
as to whether the opening of your refuge to hunting and/or fishing 
will affect the continued existence of any endangered or threatened 
species or result in the destruction or adverse modification of 
habitat of such species within the System.

Types of Effects

    1. No effect: The appropriate conclusion when the Service 
determines that a proposed Service action will not affect a listed 
species or designated critical habitat.
    2. Is not likely to adversely affect: The appropriate conclusion 
when effects on listed species are expected to be discountable, 
insignificant, or completely beneficial. Beneficial effects are 
contemporaneous positive effects without any adverse effects to the 
species. Insignificant effects relate to the size of the impact and 
should never reach the scale where take occurs. Discountable effects 
are those extremely unlikely to occur. Based on best judgment, a 
person would not (1) be able to meaningfully measure, detect, or 
evaluate insignificant effects; or (2) expect discountable effects 
to occur.
    3. Is likely to adversely affect: The appropriate finding in a 
biological assessment (or conclusion during information 
consultation) if any adverse effect to listed species may occur as a 
direct or indirect result of the proposed Service action or its 
interrelated or interdependent actions, and the effect is not: 
discountable, insignificant, or beneficial (see definition of ``is 
not likely to adversely affect''). In the event the overall effect 
of the proposed Service action is beneficial to the listed species 
but is also likely to cause some adverse effects, then the proposed 
Service action ``is likely to adversely affect'' the listed species. 
If incidental take is anticipated to occur as a result of the 
proposed action, an ``is likely to adversely affect'' determination 
should be made. This determination requires the initiation of formal 
intra-Service section 7 consultation (see definition of ``informal 
intra-Service consultation'').
    4. May affect: The appropriate conclusion when a proposed action 
may pose any effects on listed species or designated critical 
habitat. When the Federal agency (in this case the Service) 
proposing the action determines that a ``may affect'' situation 
exists, then the Service must initiate formal consultation or seek 
written concurrence from the involved Service programs that the 
action ``is not likely to adversely affect'' listed species.
    5. Is likely to jeopardize proposed or candidate species/
adversely modify proposed critical habitat: The appropriate 
conclusion when the Service identifies situations where the proposed 
Service action is likely to jeopardize the continued existence of a 
species proposed for listing or a candidate species, or adversely 
modify an area proposed for designation as critical habitat. If this 
conclusion is reached, intra-Service conference is required.

Types of Consultation

    1. Formal intra-Service consultation: A process between a 
Service program authorizing an action and another Service program 
affected by that action that: (1) Determines whether a proposed 
Service action is likely to jeopardize the continued existence of 
listed species or destroy or adversely modify designated critical 
habitat; (2) begins with the Service program that authorizes the 
action providing a written request and submitting a complete 
initiation package to the affected Service program; and (3) 
concludes with the issuance of a biological opinion and incidental 
take statement by the affected Service program. If a proposed 
Service action may affect a listed species or designated critical 
habitat, formal intra-Service consultation is required (except when 
the involved Service programs concur, in writing, that a proposed 
action ``is not likely to adversely affect'' listed species or 
designated critical habitat). (50 CFR 402.02; 50 CFR 402.14)
    2. Informal intra-Service consultation: An optional process that 
includes all discussions and correspondence between Service 
programs, prior to formal intra-Service consultation, to determine 
whether a proposed Service action may affect listed species or 
critical habitat. This process allows the Service to utilize its in-
house expertise to evaluate a Service program's assessment of 
potential effects or to suggest possible modifications to the 
proposed action

[[Page 3694]]

which could avoid potentially adverse effects. If a proposed Service 
action may affect listed species or designated critical habitat, 
formal intra-Service consultation is required (except when the 
involved Service programs concur, in writing, that a proposed action 
``is not likely to adversely affect'' listed species or designated 
critical habitat). (50 CFR 402.02; 50 CFR 402.13)

Exhibit 3--Outreach Plan Summary

    I. Issue: (State the issue in one or two sentences.)
    II. Basic Facts About the Issue:
    III. Communication Goals:
    IV. Message:
    V. Interested Parties:
    VI. Key Date:
    VII. Strategy:

Exhibit 4--Guidelines for Preparation of Refuge-Specific Hunting 
Regulations

    Hunting regulations on national wildlife refuges accomplish 
three major purposes: They protect the resource, manage it, and 
ensure safety. State hunting regulations generally provide the 
framework for meeting these three criteria. When State regulations 
fall short of meeting these criteria, refuge-specific regulations 
are necessary. These regulations should focus primarily on 
management of the wildlife resource and should be enforceable. For 
example, if we require permits on a specific refuge, a statement 
that we require special refuge permits is all that is necessary. 
Details are not appropriate in the regulations. Address details in a 
leaflet or the permit application. Also, do not submit text for your 
refuge unless it represents a CHANGE to the existing language in 
part 32. If you are adding conditions to those already published, 
state that these are ``adds'' and indicate where you want them 
inserted in the text.
    Duplications of existing 50 CFR provisions. When writing your 
regulations, check 50 CFR to avoid duplication. For example, in Part 
27, Prohibited Acts, Section 27.31 restricts motor vehicles to 
``designated routes of travel. * * * delineated on maps by the 
Refuge Manager;'' Section 27.81 adequately covers possession of 
alcohol; and Section 27.95 prohibits setting fires.
    Duplication of State regulations. 50 CFR 32.2 (d) states ``Each 
person shall comply with the applicable provisions of the laws and 
regulations of the State wherein any area is located unless further 
restricted by Federal law or regulation.'' Therefore, do not repeat 
State bag limits, seasons, etc., in the refuge-specific regulations. 
Indicate differences in a cover memo that justifies differences and 
deviations.
    Preparation of refuge-specific regulations. List shell limits, 
bag limits, seasons, and hours that differ from the State's in the 
refuge-specific regulations.
    Use the following as an example for your submission for 
modifications to existing text:

Section 32.42 Minnesota.

Big Stone National Wildlife Refuge

    B. Upland Game Hunting.
    Replace the preamble to read as follows:
    You may hunt partridge, pheasant, wild turkey, gray and fox 
squirrel, cottontail and jack rabbit, red and gray fox, raccoon, and 
striped skunk on designated areas of the refuge subject to the 
following conditions:
    Add new conditions B.2. and B.3. to read as follows:
    B.2. You may hunt fox, raccoon, and striped skunk only during 
open seasons for other small game species. You may not use dogs 
while raccoon hunting.
    B.3. You may hunt turkey only if you have a valid State turkey 
hunting permit in your possession.
    Use the following example for an addition of a refuge to part 
32:

Section 32.20 Alabama.

Grand Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbits 
on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions: 
We require a refuge permit.
    D. Sport Fishing. [Reserved]

Draft Recreational Fishing Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 3 Recreational Fishing  605 FW 3.1

    3.1 What is the purpose of this chapter? This chapter provides the 
Fish and Wildlife Service's (Service) policy governing the management 
of recreational fishing on units of the National Wildlife Refuge System 
(System or we).
    3.2 To what programs does this chapter apply? The policies 
contained in this chapter apply to recreational fishing on national 
wildlife refuges, waterfowl production areas, and coordination areas, 
which are all units of the System.
    3.3 What is our policy on fishing on refuge lands? The overarching 
goal of our priority public use policies is to enhance opportunities 
and access to high quality visitor experiences on national wildlife 
refuges while not compromising wildlife conservation. We recognize 
fishing as a traditional outdoor pastime that is deeply rooted in 
America's natural heritage. Fishing is a legitimate and appropriate 
public use of the System, and along with the five other priority public 
uses in the Refuge Improvement Act, will receive enhanced consideration 
over other uses. This means we will especially invest our resources in 
providing high quality fishing experiences for refuge visitors. When 
determined to be compatible, refuge managers are strongly encouraged to 
provide to the public fishing opportunities. Our fishing programs will 
promote understanding and appreciation of natural and cultural 
resources and their management on all lands included in the System. The 
Service's Division of Fish and Wildlife Management Assistance and 
Habitat Restoration has many field offices with a broad range of 
expertise that are available to the Refuge Manager when planning and 
managing fishing programs. We encourage refuge managers to take 
advantage of this important resource. We rely on close cooperation and 
coordination with State fish and wildlife management agencies in 
managing fishing opportunities on refuges and in setting refuge 
population management goals and objectives. Regulations permitting 
fishing within the System shall be, to the extent practicable, 
consistent with State fish and wildlife laws, regulations, and 
management plans. We encourage refuge staff to take advantage of 
opportunities to work with other partners who have an interest in 
helping us promote high quality wildlife-dependent recreational 
programs on refuges.
    3.4 What are the objectives for our fishing programs? The 
objectives of the System's fishing program are to: effectively maintain 
healthy and diverse fish population resources through the use of 
scientific management techniques; to promote public understanding of, 
and increase public appreciation for, America's natural resources and 
the Service's role in managing the System; to provide opportunities for 
high-quality recreational and educational experiences; and to minimize 
conflicts between anglers and other visitors.
    3.5 What are the authorities that allow fishing on the System? 
Refer to 605 FW 1 for laws and Executive orders that govern fishing on 
System lands.
    3.6 Do we have common definitions for fishing terms? The following 
are definitions of terms used in reference to fishing.
    A. Open to the public. Open to the public for fishing means we 
allow fishing by any individual who holds, if required, a valid 
license, permit(s), stamp(s) or other document allowing the taking of a 
specific species of fish on System waters. Areas open to fishing may 
differ from areas open to the general public for other recreational 
activities. We note this distinction through the use of signs and 
outreach materials, such as general refuge brochures or fishing 
brochures.

[[Page 3695]]

    B. Quality fishing experience. A quality fishing experience is one 
that contributes to management objectives and accomplishes the 
following:
    (1) Maximizes safety for anglers and other visitors;
    (2) Causes no adverse impact on populations of resident or 
migratory species, native species, threatened and endangered species, 
or habitat;
    (3) Encourages the highest standards of ethical behavior in regard 
to catching, attempting to catch, and releasing fish;
    (4) Is available to a broad spectrum of the public that visits, or 
potentially would visit, the refuge;
    (5) Provides reasonable accommodations for individuals with 
disabilities to participate in refuge fishing activities;
    (6) Reflects positively on the System;
    (7) Provides uncrowded conditions;
    (8) Creates minimal conflict with other priority wildlife-dependent 
recreational uses or refuge operation;
    (9) Provides reasonable challenges and harvest opportunities; and
    (10) Increases the visitors understanding and appreciation for the 
fisheries resource.
    C. Native fisheries. Fish that, other than as a result of an 
introduction, historically occurred in a specific watershed. By 
``historically'' we mean a period identified as time before European 
contact or settlement.
    D. Tournament fishing. A fishing competition for monetary or other 
prizes.
    E. Shellfish harvest. The recreational harvest of abalone, clams, 
crabs, crayfish, lobster, mussels, oysters, scallops, shrimp, or other 
marine and freshwater invertebrates.
    F. Nontoxic tackle. A weighted tackle (jigs and sinkers) made of 
materials other than lead or lead alloys.
    G. Nonnative/alien species. Any species, including its seeds, eggs, 
spores, or other biological material capable of propagating that 
species, that is not native to that ecosystem.
    H. Set tackle. Any fishing hook(s), devices, or lines that are not 
hand held or not attached to a fishing rod, reel, or pool under the 
immediate control of the user (excludes rod and pole holders and ice 
fishing tip-ups). In general terms, set tackle is any fishing tackle 
designed, rigged, floating or tied off for the purposes of catching 
fish while ``unattended'' by the fishing visitor (e.g., trotlines, 
setlines).
    I. Natural bait. Any natural live aquatic organism used to catch 
target fish.
    3.7 When do we address the decision to allow fishing for proposed 
additions to the System? When lands or waters are under consideration 
for addition to the System, the Refuge Manager will make an interim 
compatibility determination on any existing priority public use. The 
record of decision establishing fishing on the refuge must document the 
completion of such determinations. The results of these determinations 
are to be in effect until the completion of a Comprehensive 
Conservation Plan (CCP). It is during the development of the CCP and 
implementation of National Environmental Policy Act (NEPA) that we 
accept public comments and incorporate them into the decision to allow 
fishing on the refuge. Refer to the Comprehensive Conservation Planning 
Process Chapter (602 FW 3) for detailed information on this process.
    3.8 What are the procedures for opening System waters to fishing? 
The decision to open a refuge to fishing depends on the provisions of 
laws and regulations applicable to the specific refuge and a 
determination by the Refuge Manager that opening the area to fishing or 
harvest of other aquatic species will be compatible. This decision must 
also be consistent with the principles of sound fishery management, 
applicable fisheries objectives, and otherwise be in the public 
interest (see 50 Code of Federal Regulations (CFR) 32.4).
    A. Specific conditions. The following conditions apply to fishing 
on certain units of the System:
    (1) Waterfowl Production Areas (WPAs). WPAs are open to fishing 
subject to State law (50 CFR 32.4) as long as it is compatible. A 
rulemaking document is not necessary to open these areas to fishing 
since they are open unless closed. We may restrict WPA fishing programs 
by following the procedures established for refuges. Under 50 CFR 32.4, 
we may also temporarily close WPAs to fishing and other public use if 
circumstances warrant.
    (2) Wetland easements. We have no authority over fishing on wetland 
easements, which we most often acquire as part of the Small Wetland 
Acquisition Program, unless we purchased specific rights with the 
easements. For these easements, the landowners has usually retained all 
rights to control public access, including access for fishing and other 
recreational uses.
    (3) Easement refuges. The rights acquired with the individual 
easement refuge determine our control over fishing on easement refuges. 
The Regional Director is responsible for determining the extent of 
control over fishing on these areas. If we control fishing, the Refuge 
Manager must follow all procedures required to open a refuge to 
fishing.
    (4) Farm Service Agency Easements (formerly Farmers Home 
Administration (FmHA)). We have no authority over fishing or other 
forms of public use on easements obtained through the various Farm 
Service Agency inventory property easement programs of 1985, 1990, and 
1996. The landowner retains the right to control access for fishing and 
other recreational uses.
    (5) National wildlife refuges in Alaska. The Alaska National 
Interest Lands Conservation Act (16 U.S.C. 410hh-3233 and 43 U.S.C. 
1602-1784) opens all national wildlife refuges in Alaska to fishing 
under applicable Federal and State law as long as it is compatible (50 
CFR 36.32). A fishing plan or rulemaking document is not necessary to 
permit fishing on these refuges. We may prohibit or restrict the taking 
of fish only in conjunction with notices and hearings under the 
requirements of 50 CFR 36.42 regarding public participation and closure 
procedures. Local rural residents may fish and gather shellfish for 
subsistence uses in compliance with applicable Federal and State laws. 
Non-wasteful subsistence use of wildlife by local rural residents has 
priority over other consumptive uses permitted on national wildlife 
refuges in Alaska.
    B. Evaluation criteria for fishing programs. We will use the 
following criteria and standards to evaluate fishing programs on units 
of the System:
    (1) Compatibility. A fishing program must be compatible with the 
purpose(s) of the refuge and the System mission.
    (2) Biological integrity, diversity, and environmental health. 
Fishing programs must maintain, or contribute to the maintenance of, 
viable populations of native species. We design our fishing programs to 
support accomplishing refuge purposes while maintaining or restoring 
biological integrity, diversity, and environmental health (see 601 FW 
3). We will not establish fishing programs when there is a high 
potential to adversely affect a significant biological component of an 
existing native fish population, either by taking fish from that 
population or by introducing non-native species.
    (3) Relationship with other public use programs. An integrated 
approach to providing opportunities for compatible wildlife-dependent 
recreational uses will minimize conflicts. The Refuge Manager will 
evaluate time and space scheduling and zoning as methods to ensure 
opportunities for a quality experiences among different user groups. In 
the case of conflicts between priority wildlife-dependent recreational

[[Page 3696]]

use, the Refuge Manager will make the final decision on which use to 
allow and which to curtail.
    (4) Resources. Providing quality recreational experiences for the 
public requires appropriate funding, facilities, and staff. The House 
Report accompanying the House of Representatives version of the 
National Wildlife Refuge System Improvement Act of 1997 (H. Rpt. 105-
106) encourages refuge managers to take reasonable steps to obtain 
outside assistance from States and other conservation interests, if 
adequate financial resources are not available to manage a priority use 
in a compatible manner. Refuge managers should work closely with State, 
community, and conservation partners to help obtain necessary resources 
to manage the priority wildlife-dependent recreational use programs. 
Potential sources of support include the following: angling 
organizations, user fees for hunting; cooperating with State, local, or 
Tribal agencies; and assistance from refuge support groups or 
volunteers. We encourage refuge managers to seek and implement other 
opportunities to obtain additional resources as they become available.
    (5) Evaluation and monitoring. Refuge managers must monitor and 
evaluate their fishing programs regularly. Refuge managers must 
evaluate both the quality of the recreation experience and the effects 
of the activity on refuge resources. A wide variety of evaluation tools 
exist, from simply asking the fishing public how they rate their 
experience to contracting with a university or private company to 
conduct a formal survey. If a Refuge Manager decides to use a survey to 
evaluate the fishing experience, he or she must receive approval from 
the Office of Management and Budget before conducting any public 
surveys.
    C. Consultation and coordination.
    (1) Coordination with states and tribes. When a refuge, or portion 
thereof, is open to fishing, we generally allow fishing within the 
framework of applicable State and Tribal regulations. We consult with 
the State, Tribes, and other appropriate authorities during the 
development of fishing programs and whenever we plan significant 
changes. Refuge regulations must be consistent with State and Tribal 
regulations, to the extent practicable. The use of more restrictive 
regulations requires consultation with the State or Tribe. We must list 
regulations that are more restrictive than State or Tribal regulations, 
such as seasons and fishing hours as refuge-specific regulations in 50 
CFR part 32. Refuge-specific regulations must not weaken existing State 
or Tribal laws and regulations. We must justify deviations from State 
or Tribal regulations in the refuge fishing plan or amendments to that 
plan. Refuge managers should discuss refuge-specific regulations with 
peer-level State or Tribal administrators.
    (2) Endangered species consultation. Refuge managers will review 
all fishing programs annually to determine if they may affect, 
adversely or beneficially, threatened or endangered species and their 
habitats. The Refuge Manager will initiate consultation, as 
appropriate, under Section 7 of the Endangered Species Act and intra-
Service consultation procedures, consistent with the ``Policy for 
Conserving Species Listed or Proposed for Listing Under the Endangered 
Species Act While Providing and Enhancing Recreational Fishing 
Opportunities,'' and Section 305 (b)(1)(A) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Pub. L. 94-265) regarding 
effects on ``essential fish habitat.''
    (3) Public involvement. The appropriate level of public involvement 
must accompany new or significant changes (e.g., boundary change, 
change of species fished, bait restrictions) to existing fishing 
programs. We plan efforts well in advance of the proposed changes in 
order to obtain as much involvement from the public as possible. A 
variety of methods are available for the Refuge Manager to use to 
involve and inform the public, including public meetings, workshops, 
news releases, and mailings to targeted groups. We encourage refuge 
managers to continue to use these and other methods. We require an 
outreach plan for new fishing programs or any significant changes 
affecting existing programs. We develop these plans in coordination 
with Regional External Affairs Offices for new fishing programs or any 
major changes affecting existing programs.
    D. Documentation required to open a refuge to fishing. The Refuge 
Manager must submit the following documents to the appropriate staff in 
the Regional Office. This individual then forwards a copy to the 
National Wildlife Refuge System Headquarters for preparation of a 
rulemaking document:
    (1) Fishing plan. This plan should be a step-down plan of the 
refuge's CCP, which must include a compatibility determination on the 
fishing program. If the unit has not yet completed a CCP, the step-down 
fishing plan must contain a compatibility determination(s) until the 
CCP is completed. Cover fishing and shellfish harvest in separate 
compatibility determinations. The plan must provide overall 
documentation of the fishing allowed on a refuge, including the 
relationship of fishing to refuge purpose(s), goals, and objectives of 
the refuge and the System mission. We label a suggested format for a 
refuge fishing plan as Exhibit 1 in this chapter.
    (2) Appropriate NEPA documentation.
    (3) Appropriate decision documentation.
    (4) Section 7 evaluation. (See Exhibit 2 for information on Section 
7 evaluation.)
    (5) Copies of letters requesting state, and where appropriate, 
tribal involvement and the results of the request.
    (6) Draft news release.
    (7) Outreach plan. (We label a Directorate-approved outline for an 
Outreach Plan as Exhibit 3).
    3.9 Who prepares and reviews a refuge fishing plan? The Refuge 
Manager, with technical assistance as required from Service fisheries 
biologists, State wildlife agencies, and, where appropriate, Tribal 
governments, is responsible for preparation of the fishing plan. The 
Regional Director approves the plan before the rulemaking process 
begins. During the rulemaking process, Headquarter's staff reviews the 
fishing plan and supporting documents. The Refuge Manager will annually 
review the fishing plan on the refuge where we allow fishing.
    3.10  What information do we need for publication in the Federal 
Register? The Refuge Manager will determine the compatibility of 
conducting a fishing program on the refuge and will document the 
results in an approved fishing plan. After the Refuge Manager 
determines that the proposal is compatible, he or she will submit 
information about whether a refuge will open for fishing and the 
conditions of that fishing proposal to the Federal Register Liaison at 
the Headquarters. We will use this information to develop the proposed 
and final refuge-specific regulations for publication in the Federal 
Register and for codification in 50 CFR.
    3.11  What is the refuge-specific regulation process? The refuge-
specific regulation process is outlined below:
    A. The Headquarters must publish in the Federal Register any 
proposed and final refuge-specific regulations pertaining to a refuge's 
fishing program and that are necessary to conduct that program prior to 
them becoming effective. Forward all refuge-specific regulations and 
any changes to 50 CFR part 32 through appropriate channels to the 
Headquarter's Federal Register Liaison for clearance and submission to 
the Federal Register. The refuge is open

[[Page 3697]]

to fishing officially after the effective date of the final rule. 
Fishing can begin concurrently or after the opening of the season under 
the published regulations.
    B. Refuge managers must review these regulations and the refuge 
fishing plan annually to ensure compatibility and consistency of the 
fishing program with existing laws and regulations. Regional Offices 
must submit any amendments (additions, deletions, or modifications) 
each year to their designated regional hunting and fishing program 
coordinators who, in turn, send that information to the Headquarter's 
Federal Register Liaison for inclusion in the rulemaking documents for 
publication in the Federal Register. The Headquarter's Federal Register 
Liaison must receive this information by January 31 each year to allow 
sufficient time for compilation and review by concerned program offices 
and the Solicitor, signature by the Assistant Secretary, and the 
Departmental review for both proposed and final rules. This includes a 
30-day public comment period on the proposed rule. We cannot publish a 
refuge opening without the complete fishing package. If no amendments 
are necessary, refuge managers should submit a negative response to 
that effect to the Regional Office. Refuge-specific regulations should 
be standard and consistent in format throughout the System. We include 
guidelines for preparing and submitting regulations and amendments in 
Exhibit 4.
    3.12  How do we revise a fishing plan? The Refuge Manager may 
approve all revisions in fishing plans except major revisions. Major 
revisions in fishing plans (e.g., addition of new bodies of water or 
new species available for taking to a fishing program) can occur only 
as an amendment to the fishing plan unless the original plan included 
specific conditions under which the revision could occur. Preparation 
and approval of amendments follow the same guidelines as preparation 
and approval of the plan. Refuge managers will submit only the revised 
portion of the plan for approval to the Regional Office. The Regional 
Director approves revisions only if we have already listed the Refuge 
in 50 CFR as open to fishing. Otherwise, the Regional Office will 
submit the amended fishing plan to Headquarters to begin the rulemaking 
process described in section 3.11.
    3.13  What are the guidelines for refuge fishing programs? We 
should plan, manage, conduct, and evaluate refuge fishing programs on a 
consistent basis in ways that protect habitat, fish and wildlife, 
ensure angler and visitor safety, and promote positive values such as 
high ethical standards and respect for the resource. Fishing on refuges 
must have the attributes of a quality fishing program listed in section 
3.6. The following guidelines should help ensure that quality 
opportunities are available.
    A. Permits. We require anglers to have all applicable Federal, 
Tribal, and State licenses, permits, or stamps in their possession. We 
can issue refuge permits to limit access, regulate methods, or gather 
information. If we use refuge permits to limit angler numbers, we will 
issue them on a random basis to the public. Refuge managers should 
avoid complicated application processes that require additional 
resources. Application processes should be flexible to provide an 
opportunity to all potential anglers. We should coordinate with Tribal 
and State application and lottery processes where practicable.
    B. Fees. We can charge fees for applications, refuge permits, and 
the use of facilities (e.g., boat ramps) under existing recreation fee 
programs. We use fees collected to enhance visitor facilities, to 
protect resources, and to educate visitors. The Regional Fee 
Coordinator can assist with the approval of fees.
    C. Zoning recreational use. We desire a balanced fishing program 
that allows a variety of angling opportunities and contributes to the 
quality of a fishing experience. We can use zoning of boat types and 
motor horsepower to help achieve a balance of allowed uses and to 
reduce conflicts between anglers and other users. We can also use 
zoning to provide less competition for youth fishing events, anglers 
with disabilities, and those using non motorized boats and/or methods 
that reduce fish mortality, such as catch and release.
    D. Law enforcement. Law enforcement is an important part of any 
fishing program. The effort invested should be sufficient to protect 
human safety, fish populations, and ensure compliance with regulations 
based on past experiences and current circumstances.
    E. Angler access and vehicle vessel control. Refuge managers should 
carefully plan, manage, and evaluate angler access and vehicle/vessel 
control to retain quality opportunities. We should balance ``walk-in'' 
and remote fishing opportunities with easily accessible fishing 
opportunities. We can make exceptions to general access restrictions 
for anglers with disabilities when necessary to facilitate their 
experience and when compatible with resource management objectives.
    F. Camping. We may allow camping on refuges when we have determined 
it to be a secondary compatible use that is necessary to support 
fishing opportunities. Camping is only appropriate when no reasonable 
(based on time, distance, and expense) lodging opportunities are 
available off-refuge and when staff resources needed to manage camping 
do not detract from the quality of another priority wildlife-dependent 
recreational use [refer to the Appropriate Uses Chapter (603 FW1) for 
information on non priority uses]. Large refuges in the western United 
States, refuges in Alaska, and some remote refuges allow camping under 
these criteria..
    G. Fishing by service staff. Service employees are subject to the 
same rules and regulations as the general public. If only limited 
fishing opportunities exist, refuge managers should discuss with 
Service employees the need to be sensitive to the possibility of the 
public perception of conflict of interest. We never authorize Service 
employees to wear uniform components outside of their official 
capacity. When employees participate in off-duty fishing opportunities, 
they are not authorized and, therefore, should never wear uniform 
components (e.g., uniform ball caps, uniform jeans). In addition, 
personnel may not use means of access to fish in areas that are not 
available to the general public. This policy does not apply to the 
collection of fish by refuge staff for the purpose of monitoring 
specific fish populations.
    H. Communication materials. Professionally developed outreach 
materials will assist refuge managers by providing clear and thorough 
information to anglers. Brochures must conform to the U.S. Fish and 
Wildlife Graphics Standards and be consistent with refuge-specific 
regulations. Contact your Regional Publications Coordinator for graphic 
standards. Refuge managers do not need to include regulations and dates 
that are identical to State seasons. Include information that 
encourages anglers to fish safely and ethically, and use equipment that 
reduces injury to released fish (such as barbless hooks). If we develop 
informational signs, they will conform with the Service's Sign Manual.
    I. Tournament fishing. We prohibit this type of fishing on System 
lands and waters unless we make a specific determination that the event 
builds appreciation for and an understanding of fish and wildlife 
resources, does not reasonably interfere with other refuge visitors, 
and if prizes of only nominal value are awarded. Refer to the 
Appropriate Uses Chapter (603 FW 1) for additional discussions of 
competitive events.

[[Page 3698]]

    J. Special fishing areas. Our policy is to offer fishing 
opportunities to as broad a spectrum of the general public as possible. 
Generally, fishing programs should consider any legal means of fishing, 
as defined by the State and is determined to be appropriate and 
compatible and not inconsistent with System policy.
    K. Nonnative bait. We will allow no live, nonnative bait (defined, 
with respect to a particular ecosystem, any species, including its 
seeds, eggs, spores, or other biological material capable of 
propagating that species) on System waters where we have jurisdiction. 
We will generally refer to the individual State's definition of native 
on System waters.
    L. Natural bait methods. Throw nets, minnow traps, and other means/
methods of taking natural bait will be done under State regulations 
unless we list more restrictive regulations in the refuge-specific 
regulations. We will limit bait collection on refuges to the 
recreational harvest of natural bait for personal use only; we will 
allow no commercial harvest of natural bait in waters under the 
jurisdiction of the System.
    M. Limited harvest. We may offer special opportunities to a limited 
number of anglers in cases where there is a relatively small area of 
water to fish or we have a relatively low number of fish that are 
available for harvest.
    N. Youth fishing. We encourage refuge managers to set aside areas 
or times to promote fishing by children or under represented groups. 
Experiencing the thrill of the catch and exposure to proper fishing 
methods through programs such as ``Pathways to Fishing'' and National 
Fishing Week is important to developing life skills and public support 
for healthy ecosystems. Refuge managers should take advantage of these 
opportunities to educate young anglers and their parents about the 
importance of fisheries management, the need for slot sizes, 
consumptive and non consumptive fishing opportunities and quality 
fishing experiences.
    O. Barbless hooks. We encourage the use of these devices in our 
fishing program and recognize the importance of this method in reducing 
mortality of fish not intended for consumption (e.g. fish outside of 
the slot size range). As more anglers raise concern over the state of 
America's fisheries, refuge managers should take the lead in 
introducing methods that not only promote the experience but educate 
the angler. By promoting the use of barbless hooks in our brochures and 
other information sheets, we can, in some cases, avoid the need for 
increasing seasonal closures.
    P. Data collection. Refuge managers should consult with the 
Service's Fisheries Program Specialist, States, Tribes, and other 
appropriate entities regarding data collection needs and survey 
methods.
    Q. Nontoxic tackle. Refuge managers may restrict the use of 
specific types of tackle (e.g., lead fishing weights) in System waters 
to protect certain species (e.g., loons).
    R. Unattended tackle. The use of trotlines, setlines, gillnets, 
giglines, jug lines, soap lines, snaglines and other unattended tackle, 
may be allowed if authorized by State fishing regulations. We prohibit 
the use of unattended tackle by commercial operators on System waters 
under our jurisdiction except when used as a management tool. We must 
strictly monitor the unattended tackle program and document the 
results. The only exception to this policy is found in the Alaska 
National Interest Lands Conservation Act (ANILCA) under subsistence 
uses. We do not consider tip-ups used for ice fishing unattended tackle 
for the purpose of this policy.
    S. Ice fishing. We recognize ice fishing as an appropriate fishing 
opportunity. Refuge managers should encourage this activity where it is 
compatible and can be conducted in a safe manner. We prohibit the use 
of long-term structures or structures suitable for overnight occupancy.
    T. Night fishing. We allow night fishing when it is appropriate and 
compatible with the purpose(s) of the refuge and the System's mission. 
If a refuge generally is not open after sunset, refuge managers may 
make an exception and permit night fishing. Refuge managers must base 
the decision on specific refuge objectives and not historical use. 
Refer to the General Guidance Chapter, 605 FW 1, for additional 
information about after-hours activities.
    3.14 How do we close a refuge to fishing? The Refuge Manager may 
close all or any part of a refuge that we have opened to fishing 
whenever necessary to protect the resources of the area or in the event 
of an emergency endangering life, property, or any population of fish, 
wildlife, or plants.
    A. Emergency closure. We do not require advance public notice for 
closure under emergency conditions. We notify the public of such 
closures by signs, special maps, or other appropriate methods.
    B. Non-emergency closure. We evaluate non-emergency closure of a 
refuge fishing program for impacts on wildlife populations, ecosystems, 
and priority recreation uses. If the impacts are likely to be major or 
controversial, we prepare an environmental assessment and follow the 
public participation process identified in the National Environmental 
Policy Act (NEPA). In Alaska, we do not implement temporary closures 
(not exceeding 12 months) or restrictions relating to the taking of 
wildlife prior to the notice and hearing that we will conduct an 
emergency closure in the vicinity of the affected area(s).

Exhibit 1--Refuge Fishing Plan Format

I. Introduction

    Include a general description of the refuge and information 
pertinent to the planned fishing program. If refuge managers develop 
this fishing plan as a portion of an integrated public use plan, we 
do not require this information. Include non repetitive general 
information in the Comprehensive Conservation Plan.

II. Conformance with Statutory Authorities

    Explain how the program will be compatible with the System 
mission and the purpose(s) for which the refuge was established. 
Include projections of the resources (staff and funding) needed to 
conduct the program and their sources. Include an explanation of how 
the program will address the requirements of applicable authorities.

III. Statement of Objectives

    List the major refuge objectives and the specific objectives of 
the fishing program. Describe how fishing will impact the refuge 
objectives.

IV. Assessment

    Evaluate the fishing resources on the refuge populations and 
habitat. Points to be discussed include, but are not limited to, the 
following:
    a. A biological evaluation.
    b. Will populations sustain fishing and still support other 
wildlife-dependent priority uses?
    c. Do fished species and other wildlife compete for habitat?
    d. Do fished species prey on other species at unacceptable 
levels?

V. Description

    Describe the program in detail using graphics as needed. The 
description should include:
    a. Areas of the refuge that support fished species.
    b. Areas of the refuge you intend to open to fishing.
    c. Species for which you will allow fishing and fishing periods.
    d. Justification of permit system, if required.
    e. Consideration of user fees.
    f. Consultation and coordination procedures with States and 
Tribes, including justification of refuge-specific regulations.
    g. Methods of control and enforcement.
    h. Consideration of providing opportunities for anglers with 
disabilities and youth anglers.

[[Page 3699]]

VI. Measures Taken to Avoid Conflicts With Other Management Objectives

    a. Biological conflicts. Include Section 7 consultation, and 
other measures proposed to minimize or eliminate conflicts with 
endangered species or nontarget species.
    b. Social Conflicts. Include proposed measures that minimize or 
eliminate conflicts with other user groups.

VII. Program Specifics

    a. Refuge-specific regulations.
    b. Outreach plan.
    c. Angler application and registration procedures (if needed).
    d. Description of angler selection process (if needed).
    e. Draft news release regarding the fishing program.
    f. Angler requirements.
    (1) Age of angler.
    (2) Allowable equipment.
    (3) Licensing and permits.
    (4) Reporting requirements.
    (5) Angler training and safety.
    (6) Other information (use of boats, motors, etc.).

VIII. Compatibility Determination

IX. Appropriate NEPA Documents

X. Evaluation

    a. Monitoring and reporting use levels and trends.
    b. Surveying needs of the fishing visitor.
    c. Are we meeting program objectives?
    d. Do we need to resolve any conflicts?
    e. Refuge/Regional Office review schedule.

Exhibit 2--Priority Wildlife-Dependent Recreation (Fishing)

    Use the following terminology for your section 7 determination 
as to whether the opening of your refuge to hunting and/or fishing 
will affect the continued existence of any endangered or threatened 
species or result in the destruction or adverse modification of 
habitat of such species within the System.

Types of Effects

    1. No effect: The appropriate conclusion when the Service 
determines that a proposed Service action will not affect a listed 
species or designated critical habitat.
    2. Is not likely to adversely affect: The appropriate conclusion 
when effects on listed species are expected to be discountable, 
insignificant, or completely beneficial. Beneficial effects are 
contemporaneous positive effects without any adverse effects to the 
species. Insignificant effects relate to the size of the impact and 
should never reach the scale where take occurs. Discountable effects 
are those extremely unlikely to occur. Based on best judgment, a 
person would not (1) be able to meaningfully measure, detect, or 
evaluate insignificant effects; or (2) expect discountable effects 
to occur.
    3. Is likely to adversely affect: The appropriate finding in a 
biological assessment (or conclusion during information 
consultation) if any adverse effect to listed species may occur as a 
direct or indirect result of the proposed Service action or its 
interrelated or interdependent actions, and the effect is not: 
discountable, insignificant, or beneficial (see definition of ``is 
not likely to adversely affect''). In the event the overall effect 
of the proposed Service action is beneficial to the listed species 
but is also likely to cause some adverse effects, then the proposed 
Service action ``is likely to adversely affect'' the listed species. 
If incidental take is anticipated to occur as a result of the 
proposed action, an ``is likely to adversely affect'' determination 
should be made. Such a determination requires the initiation of 
formal intra-Service section 7 consultation (see definition of 
``informal intra-Service consultation'').
    4. May affect: The appropriate conclusion when a proposed action 
may pose any effects on listed species or designated critical 
habitat. When the Federal agency (in this case the Service) 
proposing the action determines that a ``may affect'' situation 
exists, then the Service must initiate formal consultation or seek 
written concurrence from the involved Service programs that the 
action ``is not likely to adversely affect'' listed species.
    5. Is likely to jeopardize proposed or candidate species/
adversely modify proposed critical habitat: The appropriate 
conclusion when the Service identifies situations where the proposed 
Service action is likely to jeopardize the continued existence of a 
species proposed for listing or a candidate species, or adversely 
modify an area proposed for designation as critical habitat. If this 
conclusion is reached, intra-Service consultation is required.

Types of Consultation

    1. Formal intra-service consultation: A process between a 
Service program taking/authorizing an action and another Service 
program affected by that action that: (1) determines whether a 
proposed Service action is likely to jeopardize the continued 
existence of listed species or destroy or adversely modify 
designated critical habitat; (2) begins with the Service program 
taking the action providing a written request and submittal of a 
complete initiation package to the affected Service program; and (3) 
concludes with the issuance of a biological opinion and incidental 
take statement by the affected Service program. If a proposed 
Service action may affect a listed species or designated critical 
habitat, formal intra-Service consultation is required (except when 
the involved Service programs concur, in writing, that a proposed 
action ``is not likely to adversely affect'' listed species or 
designated critical habitat). [50 CFR 402.02; 50 CFR 402.14]
    2. Informal intra-service consultation: An optional process that 
includes all discussions and correspondence between Service 
programs, prior to formal intra-Service consultation, to determine 
whether a proposed Service action may affect listed species or 
critical habitat. This process allows the Service to utilize its in-
house expertise to evaluate a Service program's assessment of 
potential effects or to suggest possible modifications to the 
proposed action that could avoid potentially adverse effects. If a 
proposed Service action may affect listed species or designated 
critical habitat, formal intra-Service consultation is required 
(except when the involved Service programs concur, in writing, that 
a proposed action ``is not likely to adversely affect'' listed 
species or designated critical habitat). [50 CFR 402.02; 50 CFR 
402.13]

Exhibit 3--Outreach Plan Summary

    I. Issue: (State the issue in one or two sentences.)
    II. Basic Facts About the Issue:
    III. Communication Goals:
    IV. Message:
    V. Interested Parties:
    VI. Key Date:
    VII. Strategy:

Exhibit 4--Guidelines for Preparation of Refuge-Specific Fishing 
Regulations

    Fishing regulations on national wildlife refuges accomplish 
three major purpose(s): They protect the resource, manage it, and 
ensure safety. State fishing regulations generally provide the 
framework for meeting these three criteria. When State regulations 
fall short of meeting these criteria, refuge-specific regulations 
are necessary. These regulations should focus primarily on 
management of the wildlife (fisheries) resource and should be 
enforceable. For example, if we require permits on a specific 
refuge, a statement that we require special refuge permits is all 
that is necessary. Details are not appropriate in the regulations. 
Address details in a leaflet or the permit application. Also, do not 
submit text for your refuge unless it represents a CHANGE to the 
existing language in part 32. If you are adding conditions to those 
already published, state that these are ``adds'' and indicate where 
you want them inserted in the text.
    Duplication of existing 50 CFR provisions. When writing your 
regulations, check 50 CFR to avoid duplication. For example, in Part 
27, Prohibited Acts, Section 27.31 restricts motor vehicles to 
``designated routes of travel. * * * delineated on maps by the 
Refuge Manager;'' Section 32.2(j) adequately covers possession of 
alcohol; and Section 27.95 prohibits setting fires.
    Duplication of State regulations. 50 CFR 32.2 states ``(d) Each 
person shall comply with applicable provisions of the laws and 
regulations of the State wherein any area is located unless further 
restricted by Federal law or regulation.'' Therefore, do not repeat 
State creel limits, seasons, etc., in the refuge-specific 
regulations. Refuge managers will justify why refuge-specific 
regulations deviate from State laws and regulations in a cover memo 
to the appropriate regional office representative.
    Preparation of refuge-specific regulations. List tackle limits, 
creel limits, seasons, and hours that differ from the State's in the 
refuge-specific regulations. Please use the following examples for 
your submission for changes or additions to part 32:
    For modifications to existing text in part 32:

Section 32.32 Illinois.

Chautauqua National Wildlife Refuge

    D. Sport Fishing.

[[Page 3700]]

    Replace condition D.1. with the following:
    You may fish on Lake Chautauqua from January 15 through October 
15. You may not fish in the Waterfowl Hunting Area during waterfowl 
hunting season.
    Delete condition D.2.
    Renumber conditions D.3., D.4., and D.5., to become D.2., D.3., 
and D.4., respectively.
    To add a refuge that is opening for fishing for the first time:

Section 32.63 Texas

Lower Rio Grande Valley National Wildlife Refuge

    D. Sport Fishing. We allow sport fishing on designated areas of 
the refuge subject to the following conditions:
    1. We only allow fishing at the three designated access sites on 
the Boca Chica Tract.
    2. You must adhere to all applicable State fishing regulations.

Draft Wildlife Observation Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605  Fish and Wildlife Service Manual

Chapter 4 Wildlife Observation  605 FW 4.1

    4.1  What is the purpose of this chapter? This chapter provides the 
Fish and Wildlife Service's (Service) policy governing the management 
of recreational wildlife observation on units of the National Wildlife 
Refuge System (System).
    4.2  What programs does this chapter apply to? The policies 
contained in this chapter apply to recreational wildlife observation 
within the System.
    4.3  What is our policy regarding wildlife observation on refuge 
lands? The overarching goal of our priority public use policies is to 
enhance opportunities and access to high quality visitor experiences on 
national wildlife refuges while not compromising wildlife conservation. 
Wildlife observation is a legitimate and appropriate public use of the 
System, and along with the five other priority public uses in the 
Refuge Improvement Act, will receive enhanced consideration over other 
uses. This means we will especially invest our resources in providing 
high quality wildlife observation experiences for refuge visitors. When 
determined to be compatible, refuge managers are strongly encouraged to 
provide to the public wildlife observation opportunities. Our wildlife 
observation programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. We encourage refuge staff to coordinate refuge 
wildlife observation programs with applicable local, State, and Federal 
programs. We also encourage refuge staff to take advantage of 
opportunities to work with other partners who have an interest in 
helping us promote high quality wildlife-dependent recreational 
programs on refuges.
    4.4  What are the objectives of our wildlife observation program? 
The objectives of the System wildlife observation program are to 
promote public understanding of and increase public appreciation for 
America's natural resources and the System by providing safe, 
enjoyable, attractive and accessible wildlife viewing opportunities and 
facilities.
    4.5  What authorities allow us to support wildlife observation 
activities on National Wildlife Refuge System lands? Reference 605 FW 1 
for laws that govern wildlife observation on System lands.
    4.6  What are the elements that constitute quality wildlife 
observation opportunities? Essential elements of a quality wildlife 
observation experience include the following:
    A. Observations occur in a primitive setting or use safe facilities 
and provide an opportunity to view wildlife and its habitat in a 
natural environment;
    B. Observation facilities or programs maximize opportunities to 
view the spectrum of wildlife species and habitats of the refuge.
    C. Observation opportunities, in conjunction with interpretive and 
educational opportunities, promote public understanding of and increase 
public appreciation for America's natural resources and the role of the 
System in managing and protecting these resources;
    D. Viewing opportunities are tied to interpretive and educational 
messages related to stewardship and key resource issues;
    E. Most facilities blend with the natural setting, station 
architectural style, and provide viewing opportunities for all 
visitors, including persons with disabilities;
    F. Design of observation facilities minimize disturbance to 
wildlife while facilitating the visitor's views of the spectrum of 
species found on the refuge;
    G. Observers understand and follow procedures that encourage the 
highest standards of ethical behavior;
    H. Viewing opportunities exist for a broad spectrum of the public; 
and
    I. Observers have minimal conflict with other priority wildlife-
dependent recreational uses or refuge operations.
    4.7 How do we address the quality of our wildlife observation 
programs when funding is an issue? Limited funding and staff may affect 
the quality of the wildlife observation experience that a refuge is 
able to offer the public. Refuge managers must scrutinize the impacts 
that lack of resources will have on the ability to provide quality 
wildlife observation opportunities to the public. It is appropriate to 
concentrate resources on fewer, high quality opportunities or seek 
partnerships to provide opportunities rather than offer many wildlife 
viewing opportunities that lack quality. When a refuge accepts funding 
to improve wildlife observation opportunities from partnership 
organizations, the Refuge Manager must ensure that the opportunity is 
provided in the most appropriate location.
    4.8 How do we foster public stewardship in our wildlife observation 
programs? Refuge managers provide opportunities for the public to 
observe wildlife in order to instill in them an appreciation for the 
value of and need for fish and wildlife habitat conservation. Refuges 
provide enhanced opportunities to view wildlife in their natural 
habitat by identifying viewing areas, providing platforms, viewing 
equipment, providing brochures and interpreters, and designing tour 
routes. Refuge managers should seek to develop partnerships with 
organizations that promote wildlife observation and take steps toward 
conserving such resources. We encourage Refuge managers to design local 
``hands-on'' activities that inspire participants to become involved in 
habitat restoration and other outreach programs. These opportunities 
foster a sense of stewardship for the System, wildlife, and habitat 
resources through direct association.
    4.9 Is there a special need to provide safety and accessibility 
within our wildlife observation programs? Key issues for providing a 
quality wildlife observation program include accessibility and public 
safety. They are two of our highest priorities when evaluating our 
programs.
    A. The Refuge Manager will ensure wildlife observation 
opportunities are accessible to a broad spectrum of visitors. Refuge 
managers must locate and design wildlife observation facilities to meet 
the needs of visitors with different abilities. The wildlife 
observation program fulfills accessibility standards and requirements 
by adhering to the Architectural Barriers Act of 1968 (42 U.S.C. 51, 
Sec. 4151), the 1984 Uniform Federal Accessibility Standards (UFAS), 
and the Americans with Disabilities Act of 1990 (42 U.S.C. 126). These 
acts specify physical accessibility in all construction and renovation 
projects funded wholly or in part by the Federal government. Also, the 
Rehabilitation Act Amendments of 1998, (29 U.S.C.

[[Page 3701]]

791 et seq.), require accessibility for all programs receiving Federal 
funds.
    B. Visitor safety at refuges is a high priority. The Refuge Manager 
will construct pullouts and overlooks to reduce vehicular hazards. The 
Refuge Manager will provide visitors information regarding specific 
hazards and animal behavior if there is a concern about visitor safety. 
We may also use environmental education and interpretive programs to 
alert visitors about safety issues.
    4.10 How should we address visitor conflicts? Wildlife observation 
opportunities must be compatible with the purpose(s) of the refuge and 
the System mission. Increased visitation to refuges, in many cases, 
will cause user conflicts and may create unavoidable wildlife 
disturbances. The Refuge Manager may impose use limits or establish 
zones of use to reduce conflicts. The Refuge Manager determines which 
uses to allow when conflicts exist between priority recreation uses.
    4.11 What are some examples of tools we can use to support our 
wildlife observation program? The following are examples of tools that 
we can use to support wildlife observation. The Refuge Manager should 
consider these as guidelines and continually use creativity and 
ingenuity when providing opportunities that highlight the uniqueness of 
a particular refuge.
    A. Information. Information distribution is an invaluable 
management tool as well as a means to promote wildlife observation 
opportunities. Information, distributed through various media, should 
communicate what wildlife observation opportunities are available, best 
viewing times, techniques that emphasize respect for wildlife through 
the minimization of visitor impacts on wildlife, access point 
information, viewer etiquette, regulations, restrictions, management 
concerns, and management objectives. Examples of ways to provide 
information include bird/plant/mammal check lists, brochures, maps, 
books, watchable wildlife recreation symbols to help identify wildlife 
viewing opportunities, wildlife viewing guides, movies, slide shows, 
talks, guided walks, staffed information desks, roving interpreters, 
formal environmental education classes, teacher workshops, and 
interpretive exhibits. Distributing information is a way to direct 
public use to appropriate areas, provide managers with the opportunity 
to present the refuge, System, and Service messages to visitors, and 
foster public appreciation and stewardship.
    B. Developed observation sites. Developing specific areas for 
visitors to view wildlife enhances wildlife observation and limits 
disturbances of wildlife and habitat. During the planning process, 
Refuge managers must consider constructing viewing areas at sites that 
are less sensitive to the impacts of visitors. Refuge managers may 
consider hardening sites (e.g., adding gravel, asphalt, wood chips, 
etc.) as a method of reducing impacts. Developed observation sites 
provide a centralized area for visitors to receive information and 
education needed to produce a safe, high quality experience. Examples 
of such developments include trails, boardwalks in wet areas, 
observation platforms, blinds, vehicle pullouts, information kiosks, 
identification signs, and automobile tour routes. When modifications to 
facilities to increase accessibility for people with disabilities will 
deleteriously impact the setting's appearance, environmental features 
or historic character, we will make efforts to permit people with 
disabilities alternative access to the activity.
    C. Specialized tools. In cases where direct wildlife viewing would 
be detrimental to sensitive species or habitats, Refuge managers may 
develop methods that provide remote viewing opportunities. Spotting 
scopes provide viewing opportunities from a distance. Remote cameras 
allow for viewing during especially sensitive periods such as nesting. 
Pictures from remote cameras link with the System's electronic field 
trip programs and long-distance environmental learning projects. Videos 
shown in the visitor center highlight wildlife and the purpose of the 
refuge. The videos aid those who visit the refuge outside of the 
optimum viewing season. Photographs incorporated into interpretive 
signs show visitors wildlife and habitats they may encounter. We should 
consider specialized tools as supplements to and not replacements for 
direct viewing opportunities. Consider using these tools to provide 
opportunities that might otherwise be unavailable.
    D. Habitat enhancements. There may be situations where it is not 
feasible for viewers to get to an area for viewing because of cost, 
remoteness, accessibility problems, safety concerns or sensitivity to 
disturbance. In such cases, simple enhancement techniques in suitable 
and more accessible locations may be a solution. Examples of these 
techniques include creating a pond or wetland environment or creating 
bird habitat by planting cover vegetation in places where wildlife 
viewing is more accessible. Refuge managers must adhere to appropriate 
National Environmental Policy Act procedures before artificially 
creating habitat. Refuge managers must weigh both the benefits of 
enhancements to wildlife viewing against the change or elimination of 
the existing habitat and the potential harm the enhancement activity 
may have on wildlife.
    E. Partners. Partnerships with other Federal and State agencies, 
Tribes, organizations, industry, local communities and others produce 
significant contributions to our wildlife observation programs. Refuge 
managers should contact potential cooperators and demonstrate the 
advantages associated with being a refuge supporter. Partnerships can 
develop through the sharing of expertise, personnel, materials, or 
money, and includes the ``sharing'' of wildlife and habitat. Wildlife 
does not observe property lines or agency boundaries. Sharing viewing 
areas may reduce human pressure from one spot or eliminate uses from 
sensitive spots by providing them off-site on shared areas. Partnering 
is an excellent way of fostering a sense of ownership and stewardship 
of natural resources among a variety of groups.
    F. Evaluations. Refuge managers must monitor and evaluate their 
wildlife observation programs regularly. Refuge managers should 
evaluate both the quality of the resource experience and the effects of 
the activity on refuge resources. A wide variety of evaluation tools 
exist, from simply asking visitors how they rate their viewing 
experience to contracting with a university or private company to 
conduct a formal survey. If a Refuge Manager decides to use a survey to 
evaluate the visitor's wildlife experience, he or she must receive 
approval from the Office of Management and Budget (OMB) before 
conducting any public surveys (use of an existing Fish and Wildlife 
Service OMB-approved customer service evaluation card does not require 
additional OMB approval). We should have the refuge wildlife 
observation program reviewed by others to determine the quality of the 
program, if the program is meeting the specific objectives, and if it 
is meeting the needs of visitors.
    4.12 Can we close a refuge to wildlife observation? The Refuge 
Manager may close all or any part of a refuge that is open to the 
public whenever it is necessary to protect resources of the area, to 
prevent potential emergency situations, or in the event of an actual 
emergency endangering life or property (i.e., severe weather 
conditions). These closures do not require advance public

[[Page 3702]]

notice to be implemented. We notify the public of such closures by 
signs, special maps, or other appropriate methods. When considering 
possible long-term closures, Refuge managers must follow procedures for 
public involvement as identified in the National Environmental Policy 
Act (NEPA).

Draft Wildlife Photography Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 5 Wildlife Photography  605 FW 5.1

    5.1 What is the purpose of this chapter? This chapter provides 
Service policy governing the management of recreational wildlife 
photography on units of the National Wildlife Refuge System.
    5.2 What programs does this chapter apply to? The policies 
contained in this chapter apply to recreational wildlife photography 
within the System. Reference the guide chapter (604 FW 7) for policies 
and procedures related to activities such as professional guide 
services. Reference the Audio Visual Productions chapter (604 FW 10) 
for policies and procedures related to activities associated with 
commercial filming and news photography.
    5.3 What is our policy regarding wildlife photography on refuge 
lands? The overarching goal of our priority public use policies is to 
enhance opportunities and access to high quality visitor experiences on 
national wildlife refuges while not compromising wildlife conservation. 
Wildlife photography is a legitimate and appropriate public use of the 
System, and along with the five other priority public uses in the 
Refuge Improvement Act, will receive enhanced consideration over other 
uses. This means we will especially invest our resources in providing 
high quality wildlife photography experiences for refuge visitors. When 
determined to be compatible, refuge managers are strongly encouraged to 
provide to the public wildlife photography opportunities. Our wildlife 
photography programs will promote understanding and appreciation of 
natural and cultural resources and their management on all lands 
included in the System. We encourage refuge staff to coordinate refuge 
wildlife photography programs with applicable local, State, and Federal 
programs. We also encourage refuge staff to take advantage of 
opportunities to work with other partners who have an interest in 
helping us promote high quality wildlife-dependent recreational 
programs on refuges.
    5.4 What are the objectives of our wildlife photography program? 
The objectives of the System wildlife photography program are to 
promote public understanding and increase public appreciation for 
America's natural resources by providing safe, attractive and 
accessible wildlife photography opportunities and facilities.
    5.5 What authorities allow us to support wildlife photography 
opportunities on National Wildlife Refuge System lands? Reference 605 
FW 1 for laws that govern wildlife photography on System lands.
    5.6 Have we defined common photographic terms? Yes. The following 
are definitions of terms used in reference to wildlife photography.
    A. Film. Film is still photographs, motion pictures, and videotapes 
in digital and analog formats.
    B. Recreational photography. Recreational photography is any type 
of visual recording on film performed by amateur owner/operators of 
photographic equipment. Casual photography is considered recreational 
photography and follows this policy (e.g., visitors taking photographs 
for their own use, non-commercial recreational photo contests).
    C. News photography. News photography includes audio-visual 
productions for news and public affairs, stills, motion-pictures, 
video, records and audio tapes, such as those produced for television, 
newspapers, and magazines. News photography on System lands is for the 
benefit of the general public. Examples of news events are emergencies, 
special events, or appearances by public figures or other unusual, non-
recurring natural phenomenon. News photography will not require a 
permit but some restrictions may be placed on the activity by the 
Refuge Manager to protect the resource and/or the individuals 
associated with the media. Refer to the audio-visual chapter for 
additional information on this subject (604 FW 10).
    D. Commercial photography. Commercial photography is visual 
recordings by firms or individuals (other than news media 
representatives) who intend to distribute their photographic content 
for money or other consideration. We include the creation of 
educational, entertainment, or commercial enterprises in this category. 
We also include advertising audio-visuals for the purpose of paid 
product or services, publicity and commercially-oriented photo contests 
under this section. We cover commercial photography permit requirements 
under the audio-visual chapter of this manual (604 FW 10).
    5.7 Have we defined a quality wildlife photography opportunity? 
Yes. The following are essential elements of a quality photographic 
opportunity and facility.
    A. Photographic opportunities occur in or use safe facilities;
    B. Photographic opportunities promote public understanding and 
increases public appreciation of America's natural resources and our 
role in managing and protecting these resources;
    C. Photographic opportunities occur in places that have the least 
amount of disturbance to wildlife;
    D. Photographers understand and follow procedures that encourage 
the highest standards of ethical behavior;
    E. Opportunities are available to a broad spectrum of the 
photographing public;
    F. Facilities, if provided, are fully accessible, reflect 
positively on us and blend with the natural setting;
    G. Photographic opportunities incorporate a message of stewardship 
and conservation;
    H. Photographic opportunities create minimal conflicts with other 
priority wildlife-dependent recreational uses or refuge operations.
    5.8 How do we address the quality of our wildlife photography 
programs when funding is an issue? Limited funding and staff may affect 
the quality of the experience. Managers must scrutinize the impacts of 
lack of resources on quality. It is appropriate to concentrate 
resources on fewer, high quality opportunities or seek partnerships to 
provide opportunities rather than offer photographic experiences that 
are lower in quality.
    5.9 How do we address public stewardship in our wildlife 
photography programs? We provide opportunities to the public in order 
to develop an appreciation for the value of, and need for, fish, plant 
and wildlife conservation. These opportunities should also foster a 
sense of stewardship for the System and its wildlife and habitat 
resources through direct association.
    5.10 Is there a special need to provide safety and accessibility 
within our wildlife photography programs? Not only are public safety 
and accessibility key to a quality wildlife photography program, they 
must be two of our highest priorities when evaluating our programs. We 
construct pullouts and overlooks to reduce vehicular hazards to 
photographers. We give our visitors

[[Page 3703]]

information regarding specific hazards and animal behavior if we have a 
concern about visitor safety. Environmental education and interpretive 
programs may also be used to bring safety concerns to the attention of 
photographers. We will make every effort to ensure wildlife 
photographic opportunities are accessible to a broad spectrum of 
visitors.
    5.11 How should we address user conflicts? Wildlife photography 
opportunities must be compatible with the purpose of the refuge and the 
System mission. Increased visitation to refuges will cause user 
conflicts and may create unavoidable wildlife disturbances. Refuge 
managers may impose use limits or establish zones of use to reduce 
conflicts. As an example, casual wildlife observers may disturb 
photographers at a specific site that provides the best opportunity on 
the refuge to observe bald eagles. The Refuge Manager may work out a 
partnership with the State to provide a roadside viewing point just off 
the refuge along the highway for general observation. The Refuge 
Manager may then decide to limit the area within the refuge to 
photographers or those wanting to use photography blinds.
    5.12 Can we close a refuge to photography? As long as a refuge is 
open to the public, we cannot close it specifically to photography. The 
Refuge Manager may close all or any part of a refuge that is open to 
the public whenever it is necessary to protect resources of the area or 
in the event of an emergency endangering life or property (i.e., severe 
weather conditions). We do not require advance public notice for 
closure under emergency conditions. The public is notified of such 
closures by signs, special maps, or other appropriate methods. When 
considering possible long term closures, refuge managers must follow 
procedures for public involvement as identified in the National 
Environmental Policy Act (NEPA).

Draft Environmental Education Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 6 Environmental Education  605 FW 6

    6.1 What is the purpose of this chapter? This chapter identifies 
Service policy and guidance governing environmental education (EE) as a 
priority wildlife-dependent use of the National Wildlife Refuge System.
    6.2 What is the scope of this chapter? This chapter applies to 
Refuge System environmental education programs and services. Along with 
this policy guidance, we will use other documents including but not 
limited to Connecting People to Wildlife, Environmental Education in 
the National Wildlife Refuge System, an environmental education 
guidance document for the Refuge System (Appendix 1).
    6.3 What is our policy for environmental education? The overarching 
goal of our priority public use policies is to enhance opportunities 
and access to high quality visitor experiences on national wildlife 
refuges while not compromising wildlife conservation. Environmental 
education is a legitimate and appropriate public use of the System, and 
along with the five other priority public uses in the Refuge 
Improvement Act, will receive enhanced consideration over other uses. 
This means we will especially invest our resources in providing high 
quality environmental education experiences for refuge visitors. When 
determined to be compatible, refuge managers are strongly encouraged to 
provide to the public environmental education opportunities. Our 
environmental education programs will promote understanding and 
appreciation of natural and cultural resources and their management on 
all lands included in the System. We will work with local schools, 
citizen groups, and other organizations to provide programs and 
assistance that promote awareness, appreciation, and understanding of 
the role the System plays in the conservation of fish, wildlife, 
plants, and cultural and historical resources. We encourage refuge 
managers to coordinate refuge environmental education programs with 
applicable local, State and Federal programs. We also encourage refuge 
staff to take advantage of opportunities to work with other partners 
who have an interest in helping us promote high quality wildlife-
dependent recreational programs on refuges.
    6.4 What are our objectives for environmental education programs on 
refuges? Our environmental education programs:
    A. Will provide appropriate materials, equipment, facilities, and 
study locations to support environmental education, where compatible;
    B. Will allow program participants to demonstrate learning through 
refuge-specific stewardship tasks as well as projects that they can 
carry over into their everyday lives;
    C. Will establish partnerships to support environmental education 
on refuges open to the public;
    D. Will incorporate local, State, and national educational 
standards in our programs with an emphasis on wildlife conservation;
    E. Will assist refuge staff and volunteers to attain the knowledge, 
skills, and abilities to support environmental education at the minimum 
or higher levels as defined in Section 6.7C(1) below;
    F. Will teach awareness, understanding and appreciation of our 
trust resources: and
    G. Will serve as a means by which refuge employees are seen as role 
models for environmental stewardship through a continually developing 
positive relationship with the community.
    6.5 What is our legislative authority for environmental education? 
Reference 605 FW 1 for laws that govern environmental education on 
Refuge System lands.
    6.6 What are some of the terms we use in this chapter? The 
following are definitions of terms used in this chapter.
    A. Environmental education (EE). Activities that use a planned 
process to build knowledge, skills and abilities in students and 
others, about wildlife-related environmental topics. EE often follows 
sequential learning strategies to promote specific learning outcomes.
    B. Educational assistance. Either on- or off-site, making EE 
expertise from Service staff available to schools and teachers, Service 
entities, government agencies, private groups, and individuals.
    C. Outdoor classrooms. Sites of structured EE activities that:
    (1) Focus on the natural environment;
    (2) Come from an approved course of study with identified learner 
outcomes; and
    (3) Are hands on, involving Refuge System lands.
    6.7  How will we develop and implement this chapter? In this 
chapter we present guidance for planning, implementing, and evaluating 
EE programs within the Refuge System. Connecting People to Wildlife, 
the EE guidance document for the Refuge System, curriculum guides, and 
other documents created for regions or at refuges contain additional 
guidance.
    A. Program support. The Office of the Chief, National Wildlife 
Refuge System, is responsible for overall guidance, implementation, and 
management of EE within the Refuge System. Regional Directors designate 
EE coordinators to assist refuges with education programs and products. 
The National

[[Page 3704]]

Conservation Training Center (NCTC) offers several EE training courses 
and model programs as well as program support for our EE programs. 
Refuge managers plan, develop, and implement EE programs that increase 
public knowledge, understanding and support for refuge resources.
    B. Program planning. Each field station designs its EE objectives 
and strategies when they develop their Comprehensive Conservation Plan 
(CCP) or step-down visitor services plan. Managers and staff analyze 
their EE program potential and determine their educational objectives 
and develop an interim program if they are not scheduled to develop a 
CCP within 2 years. In either of these planning processes, refuge staff 
:
    (1) Determine if current or proposed educational sites, programs, 
and activities are compatible with the Refuge System mission, the 
purpose(s) of the refuge, and the goals and objectives established for 
the refuge;
    (2) Identify staffing, funding, and other requirements for an EE 
program, enhancing our EE offerings by working with volunteers and 
through partnerships with educators;
    (3) Identify ecosystem characteristics, endangered species, 
cultural resources, wilderness, and fish, wildlife, plants, cultural 
and historical resources that are key resource issues for each field 
station. Working with educators, we use this assessment to identify 
target audiences and look for creative ways to tie resource priorities 
to local educational needs and curricula;
    (4) Collect and consistently update data identifying teachers, 
community resources, transportation constraints, and history of use by 
educational groups;
    (5) Identify current or potential outdoor classroom facilities; and
    (6) Identify educational needs and educational outreach 
opportunities for our staff, volunteers and partners, particularly 
activities involving nontraditional audiences.
    C. Program development and priorities. Field stations establish 
educational program priorities based on their objectives and mandates, 
as well as local, State and national priorities. As part of our 
planning we evaluate educational programs and offer differing levels of 
EE based in part on the number of staff with public use duties as well 
as other available resources. Other factors that determine our level of 
involvement include demand for educational programs, the number of 
schools near a refuge, and their willingness to participate. We can 
place our environmental education programs in one of four levels of 
service. Each field station will use components of one, or a 
combination of these levels, to design their educational programs to 
meet local needs, and where possible will strive to include components 
from the next higher level.
    (1) Refuges that have staffs of less than 5 FTEs, and do not have 
any positions solely dedicated to public use activities. At the minimum 
level, field station EE programs include:
    (a) Creating or providing a lending library of materials and 
resources for teachers and other educators;
    (b) Designating a trained staff contact person for EE;
    (c) Designating a study site and providing stewardship 
opportunities;
    (d) Helping local educators identify refuge resources and develop 
programs;
    (e) Forming partnerships or recruiting and training volunteers 
including senior citizens and/or people with disabilities to conduct EE 
activities.
    (2) Refuges that have staffs of approximately 5-9 FTEs, do not have 
any positions solely dedicated to public use, and have a Refuge Manager 
position at the GS 11-12 level. At the standard level, we encourage 
field stations to:
    (a) Conduct and/or host teacher training workshops;
    (b) Provide educators with refuge-specific curriculum, activities 
and lesson plans;
    (c) Develop accessible outdoor classrooms;
    (d) Establish formal partnerships with school districts and/or 
community groups to assist with development and implementation of 
refuge EE programming;
    (e) Recruit and train volunteers to assist in developing and 
presenting EE programming;
    (f) Conduct regular EE program evaluation;
    (g) Provide opportunities to contribute to refuge management goals 
through learning and stewardship activities;
    (h) Establish a lending library of educational materials, including 
but not limited to book, trunk, and multimedia resources;
    (i) Conduct some on-site and occasional off-site EE programming; 
and
    (j) Employ key staff who have acquired the skills to develop and 
conduct EE activities.
    (3) Refuges that have staffs of approximately 10-14 FTEs with 1 
position solely dedicated to public use, and have a Refuge Manager at 
the GS 12-13 level. At the enhanced level, we encourage field station 
EE programs to:
    (a) Develop a multi-disciplinary EE program with integrated 
curricula meeting national and State educational standards;
    (b) Adapt the refuge's program to increase participant learning and 
connect environmental health with quality of life;
    (c) Develop multiple facilities or study sites, with materials and 
equipment, that support refuge goals and objectives;
    (d) Seek to hire professionally trained refuge EE staff;
    (e) Conduct refuge-specific workshops; special events; symposia, 
including day camps, after-school, and off-site programs; elder 
hostels; and extended learning opportunities;
    (f) Provide EE training and mentoring opportunities for educators, 
Service staff, and others;
    (g) Have an EE program that demonstrates student learning through 
measurable objectives;
    (h) Create an extensive EE outreach program for reaching 
participants outside the local area;
    (i) Allow our EE staff to continue to develop professionally by 
attending training;
    (j) Use technology to interface with off-site participants through 
the Internet, distance learning and websites; and
    (k) Establish partnerships beyond local communities.
    (4) Refuges that have staffs of approximately 15 FTEs or more with 
1 or more positions solely dedicated to public use, have a visitor 
center, and have a Refuge Manager at the GS 13-14 level. The 
``flagship'' level applies to stations with EE as part of their 
purpose(s). Other stations with an enhanced EE program can operate at 
this level. In addition to items at the enhanced level, we encourage 
refuges at the flagship level to:
    (a) Develop and pilot new programs with broad applications across 
the Refuge System;
    (b) Host local, State or national events/projects such as State 
duck stamp contests;
    (c) Serve as a development site for entry level employees, 
detailees, and Student Career Experience Program participants;
    (d) Become a community or State leader in EE;
    (e) Have staff present papers at national conferences;
    (f) Have staff serve as mentors or instructors for EE courses and 
course development;
    (g) Perform peer review of other stations' EE program;
    (h) Have year-round facilities that support all aspects of the EE 
program;
    (i) Become centers for distance learning;

[[Page 3705]]

    (j) Develop interactive curricula on refuge/Service websites;
    (k) Develop multi-cultural programs as needed; and
    (l) Develop outreach and partnerships that have regional focus.
    D. Refuge-specific guidelines for developing EE programs: We 
advance and support the National Wildlife Refuge System mission and 
goals by developing programs based on the following guidelines. EE 
programs in the Refuge System strive to:
    (1) Connect people's lives to the health of the environment;
    (2) Advance science literacy through an interdisciplinary 
educational approach;
    (3) Strengthen the Refuge System through science learning;
    (4) Help participants experience the wonder of fish, wildlife, 
plants, cultural and historical resources;
    (5) Stress the role and importance of refuges and emphasize the 
relationship between wildlife and associated ecosystems;
    (6) Be outcome-based, going beyond attending a program to resulting 
in something of value for both refuge resources and participants;
    (7) Pursue outreach and partnership opportunities enhancing 
programs on and off refuges and expanding our levels of educational 
expertise and staffing;
    (8) Include lesson plans and refuge activity guides that 
incorporate, complement and focus on local school curricula allowing 
participants to utilize refuges as living laboratories;
    (9) Train educators, volunteers, and partners in resource issues in 
order to multiply our efforts across a broader spectrum of students;
    (10) Establish, maintain, and promote environmental study sites and 
outdoor classrooms where they are compatible with refuge purpose(s), 
goals, and objectives;
    (11) Involve under-served populations like urban or rural schools, 
Native Americans, non-English speaking populations, senior citizens, 
people with disabilities, and groups in the educational community other 
than K-12 such as colleges and universities;
    (12) Expand our capability through technology such as web pages and 
electronic field trips; and
    (13) Use appropriate formats for visitors with disabilities 
(learning, visual, hearing).
    6.8 How do we evaluate EE programs? We evaluate environmental 
education programs in the following manner:
    A. Refuge staff should annually evaluate the program and make 
necessary changes to strengthen it.
    B. As part of our Refuge Management Information System (RMIS), each 
year we report the number of people taking part in four educational 
categories: teachers participating in workshops, students taught on-
site by staff or volunteers, students taught off-site by staff or 
volunteers, and non-staff conducted EE. These statistics provide some 
information about program activity, and we can use the data to identify 
trends and give an indication of program involvement.
    C. Regardless of the level of EE program involvement, we should 
develop evaluation tools to measure program effectiveness. One simple 
tool is a comment form given to the leader after an educational field 
trip. Another way may be to measure the instances of littering, 
vandalism, or poaching, or compliance with refuge regulations. Refuge 
staff may consider implementing more detailed evaluation tools to 
measure learning outcomes and concept retention. Regional or Washington 
Office staff can assist with developing and analyzing the results of 
these evaluation tools.

Draft Interpretation Policy

Fish and Wildlife Service

Priority Wildlife-Dependent Recreation

Part 605 Fish and Wildlife Service Manual

Chapter 7 Interpretation  605 FW 7

    7.1 What is the purpose of this chapter? This chapter identifies 
Service policy and guidance governing interpretation as a priority 
wildlife-dependent use of the National Wildlife Refuge System.
    7.2 What is the role of interpretation? As one of the six priority 
wildlife-dependent uses of the Refuge System, interpretation connects 
people (visitors) to resources providing opportunities for them to 
develop an understanding and appreciation for natural and cultural 
resources. Visitors will receive messages about Refuge System resources 
through a variety of media including interpretive trails and 
boardwalks, wildlife centers, talks and walks, audio-visual 
productions, publications, and exhibits that communicate to a wide 
spectrum of visitors.
    7.3 What is our policy for interpretation? The overarching goal of 
our priority public use policies is to enhance opportunities and access 
to high quality visitor experiences on national wildlife refuges while 
not compromising wildlife conservation. Interpretation is a legitimate 
and appropriate public use of the System, and along with the five other 
priority public uses in the Refuge Improvement Act, will receive 
enhanced consideration over other uses. This means we will especially 
invest our resources in providing high quality interpretation 
experiences for refuge visitors. When determined to be compatible, 
refuge managers are strongly encouraged to provide to the public 
interpretation opportunities. Our interpretation programs will promote 
understanding and appreciation of natural and cultural resources and 
their management on all lands included in the System. We encourage 
refuge staff to coordinate refuge interpretive programs and materials 
with applicable local, State, and Federal programs. We also encourage 
refuge staff to take advantage of opportunities to work with other 
partners who have an interest in helping us promote high quality 
wildlife-dependent recreational programs on refuges.
    7.4 What are our objectives for interpretive programs on refuges? 
We will develop and maintain interpretive programs on refuges to:
    A. Increase public understanding and support for the Refuge System;
    B. Develop a sense of stewardship leading to actions and attitudes 
that reflect concern and respect for wildlife resources, cultural 
resources, and the environment;
    C. Provide an understanding of the management of our natural and 
cultural resources.
    D. Provide safe, enjoyable, accessible, meaningful, and high 
quality experiences for visitors increasing their awareness, 
understanding, and appreciation of fish, wildlife, plants, and their 
habitats.
    7.5 What is our legislative authority for interpretation? Reference 
605 FW 1 for laws that govern interpretation on Refuge System lands.
    7.6 Do we have common definitions for interpretive terms? Yes. The 
following are definitions of terms used in reference to interpretation.
    A. Interpretive plans. Interpretive plans are documents (see 
Exhibit 1) outlining key resources, visitor profiles, facilities, 
budget needs, and development plans as part of a refuge Comprehensive 
Conservation Plan or visitor services plan. The documents include 
interpretive objectives, themes, and activities presented at a refuge.
    B. Interpretive objectives. Desired, measurable outcomes of an 
interpretive activity.
    C. Interpretive themes. Central messages we strive to communicate. 
All interpretive activities should have messages relating back to 
overall field station interpretive subjects or topics as well as 
Service and/or Refuge System themes.

[[Page 3706]]

    D. Interpretive activities/tools. The ways we convey interpretive 
messages to visitors, on-site or off-site, such as, but not limited to, 
tours, talks, slide presentations, brochures, self-guided trails, audio 
tapes, videos, and exhibits.
    7.7 What are some standards and requirements for interpretive 
programs? When we develop interpretive programs, we will utilize the 
following:
    A. Principles of interpretation. Our interpretive activities will 
utilize the principles included in published materials describing the 
art of interpretation such as Freeman Tilden's ``Interpreting Our 
Heritage'' or others. We link the resources of the Refuge System with 
the concepts and values visitors bring to our sites. Specifically, we 
strive to:
    (1) Relate what we display or describe to each visitor's 
expectations and experience;
    (2) Motivate and reveal;
    (3) Inspire and develop curiosity, not solely instruct;
    (4) Relate enough of the story to introduce concepts and ideas, 
pique visitor's interest, allow visitors to develop their own 
conclusions; and
    (5) Organize activities around central themes with measurable 
objectives.
    B. Interpretation as a management tool. Well-designed interpretive 
services can be our most effective and inexpensive resource management 
tool. For many visitors, taking part in one or more interpretive 
activities is their primary contact with refuge staff, their chance to 
find out about refuge messages, and could be their first contact with 
the refuge, conservation, and wildlife. Through these contacts, we have 
the opportunity to influence visitor's attitudes toward the Service and 
their behaviors when visiting units of the Refuge System. Interpretive 
planning and subsequent activities and products can:
    (1) Help visitors understand the impacts of their actions, 
minimizing unintentional resource damage and wildlife disturbance;
    (2) Communicate rules and regulations so they relate to visitors, 
solving or preventing potential management problems; and
    (3) Help us make management decisions and build public support by 
providing insight into management practices.
    C. Assuring highest levels of quality: We carefully consider 
personnel, locations, and types of programs and products in order to 
provide high quality interpretive services.
    (1) Staff conducting interpretive services must have more than 
subject matter knowledge. For example, the skill required to write text 
for interpretive exhibits and brochures differs from technical writing 
skills. We strive to select dynamic people who enjoy interacting with 
visitors, demonstrate organizational and communications skills, and act 
professionally.
    (2) Often, sensitive habitats are the most attractive places to 
visit and best places to interpret. To minimize impacts on sensitive 
habitats we: use staff and/or trained volunteers to lead activities; 
limit group size; select certain times of day for programs; design 
facilities and activities to minimize disturbance to wildlife and 
habitats; and close areas seasonally. Visitors can experience sensitive 
resource areas with minimal impact by using boardwalks, viewing blinds, 
remote camera views, exhibits, and telescopes. Other techniques may be 
the use of dioramas, interactive displays, and digital (i.e., CD-ROM) 
interpretive methods. We can also separate areas devoted to wildlife 
observation and education from other programs such as fishing and 
hunting to preserve a high quality experience for all visitors.
    (3) While refuge staff should try to reach as many individuals and 
interest groups as possible with our message, quantity is not the only 
measure of success. Program quality and effectiveness is crucial. 
Refuge managers strive for a balanced program with a variety of 
experiences for visitors with different levels of time, ability, and, 
interest. Refuge staff periodically review and evaluate programs to 
assess effectiveness.
    D. Making interpretation accessible: We will meet accessibility 
standards and requirements by adhering to the Architectural Barriers 
Act of 1968 (42 U.S.C. 51, Sec. 4151), the 1984 Uniform Federal 
Accessibility Standards (UFAS), and the Americans with Disabilities Act 
of 1990 (42 U.S.C. 126). These acts specify physical accessibility in 
all construction and renovation projects funded wholly or in part by 
the Federal government. Also, the Rehabilitation Act Amendments of 
1998, (29 U.S.C. 791 et seq.), require accessibility for all programs 
receiving Federal funds. Meeting accessibility requirements presents 
the challenge and opportunity to provide better interpretive activities 
for everyone. Creating media, facilities and programs that are more 
easily read and understood, paths that are level or have ramps and 
handrails, and exhibits that provide audio or tactile elements benefits 
everyone and provides multiple paths to learning.
    7.8 Why should we do interpretive planning? We are involved in 
interpretive planning for the following reasons:
    A. Interpretive plans help focus staff time, funding, and other 
resources on our primary interpretive messages and give focus and 
direction to exhibits, programs, and other interpretive activities. 
This planning can also help set field station and funding priorities 
and help locate sources of alternative funding. We can use elements 
from Comprehensive Conservation Plans, step-down management plans, and 
visitor service plans to develop a refuge interpretive plan.
    B. When we develop interpretive plans, they become the basis for 
the development of future programs and services. New activities should 
always relate to and support the themes developed in the refuge 
interpretive plan. Exhibit 1 contains a general outline for 
interpretive plans.
    7.9 What delivery methods do we use for interpretive activities? 
There are two broad categories of interpretive activities: self-guided 
and personal services. Self-guided interpretation includes brochures, 
exhibits, kiosks, audio-visual media (including computer programs), and 
self-guided trails. Personal services interpretation includes 
information desk duty, group presentations, guided talks and tours, and 
special events. We provide a variety of interpretive experiences that 
appeal to a broad spectrum of interests and learning styles. We strive 
for:
    (1) High quality, self-guided services, since they reach a larger 
audience, are more readily available, and visitors can use them at 
their own pace;
    (2) High quality personal contact to initiate conversation and 
answer questions; and
    (3) A variety of interpretive experiences that appeal to varying 
visitor interests.
    7.10 How should we produce interpretive media? The following are 
interpretive media available to us:
    A. Self-guided products will maintain the highest level of quality 
and be designed as to be appropriate for the site and audience. 
Regional Public Use Coordinators can assist with planning, design, and 
contracting for production of self-guided products. Final approval for 
text and design of self-guided products comes from the Regional 
Offices.
    B. We will design our brochures and publications following the 
``U.S. Fish and Wildlife Manual of Graphic Standards for 
Publications.'' The Government Printing Office (GPO) processes all of 
our printing and duplication. Regional Printing Coordinators must 
approve requests to

[[Page 3707]]

use a commercial source other than GPO.
    7.11 How do we evaluate our interpretive program? We evaluate our 
programs to assure that we are providing the highest level of service. 
By periodically reviewing programs, we determine program needs, 
initiate changes, and decide if we are meeting our goals and 
objectives. Some sources for evaluation methods are interpretation 
textbooks, other agencies or organizations, and professional 
associations like the National Association for Interpretation.
    A. Performance evaluation. We evaluate individuals and services to 
improve delivery methods, messages, and the interpretive approach for 
future activities. Remember that surveys must follow OMB requirements 
and restrictions. Some methods used include:
    (1) Supervisory feedback;
    (2) Peer evaluation;
    (3) Self-evaluation; and
    (4) Audience evaluations.
    B. Program evaluation. Evaluating overall programs helps keep our 
information up-to-date and current. Often, refuge staff use program 
attendance and cost to compare activities, but true program evaluation 
must go deeper. We can identify areas needing further attention by 
examining use trends, location and time variables, and environmental 
factors. Areas to consider include:
    (1) Is program participation increasing, decreasing, or staying the 
same?
    (2) Do visitors attend more than one program or move on to other 
sites? Do visitors return and revisit interpretive facilities or guided 
programs? Do they bring their friends?
    (3) Have staffing levels changed?
    (4) How much of the station budget are we devoting to interpretive 
programs? What are those dollars buying?
    (5) If too many or too few people attend some programs, what can we 
do to get attendance to an optimal level?
    (6) Should we change or drop the program/activity?
    C. Visitor reactions. We use many methods to determine visitor 
reaction to interpretive activities. We can:
    (1) Develop comment forms in a variety of alternative formats, if 
needed, and make them available at a variety of locations;
    (2) Interview visitors in focus groups regarding what they liked or 
didn't like about our interpretive activities;
    (3) Observe and record visitor actions at interpretive facilities 
(e.g., monitor how long visitors stay, which exhibits they approach, 
whether they leave early from exhibits, audio-visual, or presentations, 
or ask thoughtful questions);
    (4) Get a fresh perspective by visiting and observing other sites 
and then critiquing our own facilities;
    (5) Observe visitors and note their behaviors when they visit 
refuges. Record the instances of littering, vandalism, or poaching. Is 
there a change in compliance with posted regulations?; and
    (6) Request a Regional Office visitor services' review or invite 
staff from other refuges to critique your program.
    D. Quality and effectiveness. The impact an activity had on the 
participants is the most difficult element to evaluate. We can:
    (1) Find some visitor impressions by using focus groups and 
individual interviews;
    (2) Use testimonials and unsolicited comments to assess the 
relative value of programs to visitors; and
    (3) Evaluate quality and effectiveness through formal research by 
working with local colleges and universities.

Exhibit 1--Interpretive Plan Outline

    A. Define key resources: Start by deciding what makes the refuge 
special. Does it have biological significance for key species, the 
ecosystem, endangered species protection, or restoration? Are there 
unique habitats represented or notable seasonal natural events? Are 
there known cultural resources requiring protection or 
interpretation? Has human history in the area had an impact on 
resources? Are you conducting habitat or population management 
activities? You can use maps to show resource locations. To 
complement the maps you should define habitat sensitivity and, if 
data exists, acceptable levels of visitation.
    B. Define key audiences: Who are our present and future 
visitors?
    (1) Demographics: You can determine some visitor demographics by 
contacting the State department of tourism, a community visitor's 
bureau, and neighboring attractions. You can glean some information 
from visitor contact stations and trailhead registration books. Even 
parking lot license plate counts can help indicate trends. Formal 
surveys go more in depth, but contact your Regional Office regarding 
Office of Management and Budget clearance for information allocation 
requirements, types of questions you can use, and the best way to 
administer a survey. From this data you can develop lists of visitor 
groups, (urban, international, short-term, repeat, schools, 
families, retirees, special interests like birding, hunting, and 
others).
    (2) Visitor Expectations and Perceptions: What will each group 
need or expect when they arrive? What part of your interpretive 
program will appeal to each visitor group?
    (3) Use Patterns: Does your refuge have any special concerns 
relating to seasons, time of day, existing or potential traffic 
patterns or facility capacity. Do any of these use patterns need to 
change?
    C. Define goals and objectives: We must establish interpretive 
goals (guiding statements) and objectives (measurable outcomes) in 
the Comprehensive Conservation Plan. You should refer to this plan 
when developing your program. Focus on resource priorities on the 
refuge.
    (1) Management goals focus on ways to protect resources while 
providing visitor opportunities.
    (2) Interpretive goals identify what you hope visitors will 
remember, feel, appreciate, or understand after taking part in an 
interpretive activity. Objectives are measurable and identify what 
visitors will be able to do after taking part in your program.
    D. Develop interpretive themes: The major messages you want 
visitors to take with them are themes. They can focus on refuge 
management issues, ecosystem issues, Refuge System issues, or on the 
Service. We derive themes for specific interpretive activities from 
overall station themes. Themes should be resource-based and stated 
in complete sentences. Developing good themes is difficult. 
Sometimes, identifying topics first, such as, Wildlife, Ecosystems, 
Neotropical Migrants, or Endangered Species can help. Often the 
theme works much like a thesis, and you should develop the theme in 
a manner appropriate for your audience as you plan out the program.
    E. Select interpretive activities: Based on available resources, 
determine methods and locations for delivering your messages. You 
should evaluate the pros and cons of each and try to find a balance 
between personal and self-guided services. One way to do this is to 
create a chart with headings like Themes, Activities, and Locations 
to show how and where you will deliver your messages.
    F. Implementation: After you have developed activities for your 
station, you should define staffing, volunteer, facility and funding 
needs. Prioritize and indicate possible funding sources from within 
and outside the Service. Input these identified needs in the Refuge 
Operations System (RONS) and Maintenance Management System (MMS).
    G. Evaluation: You should consider evaluation at each phase of 
the program, especially at the beginning. Using some of the 
evaluation tools mentioned above, find out if you meet your 
interpretive goals. Have your themes become a part of the overall 
station experience? Are you meeting group needs and expectations? 
What portion of your plan may you need to change?

    Dated: December 22, 2000.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 01-397 Filed 1-12-01; 8:45 am]
BILLING CODE 4310-55-U