[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Proposed Rules]
[Pages 48583-48592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20448]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AI63


2003-2004 Refuge-Specific Hunting and Sport Fishing Regulations

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to add seven additional 
refuges to the list of areas open for hunting and/or sport fishing 
activities and increase the activities available at three other refuges 
for 2003-2004.

DATES: We must receive your comments on or before September 15, 2003.

ADDRESSES: Submit written comments to Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, 4401 N. Fairfax Drive, Room 670, Arlington, VA 22203. 
See SUPPLEMENTARY INFORMATION for information on electronic submission. 
For information on specific refuges' public use programs and the 
conditions that apply to them or for copies of compatibility 
determinations for any refuge(s), contact individual programs at the 
addresses/phone numbers given in ``Available Information for Specific 
Refuges'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, (703) 358-2397; Fax 
(703) 358-2248.

SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System 
Administration Act of 1966 (Administration Act) closes national 
wildlife refuges to all uses until opened. The Secretary of the 
Interior (Secretary) may open refuge areas to any use, including 
hunting and/or fishing, upon a determination that such uses are 
compatible with the purposes of the refuge and National Wildlife Refuge 
System mission. The action also must be in accordance with provisions 
of all laws applicable to the areas, developed in coordination with the 
appropriate State fish and wildlife agency(ies), and consistent with 
the principles of sound fish and wildlife management and 
administration. These requirements ensure that we maintain the 
biological integrity, diversity, and environmental health of the 
National Wildlife Refuge System (System or we) for the benefit of 
present and future generations of Americans.
    We annually review refuge hunting and fishing programs to determine 
whether to include additional refuges.
    Provisions governing hunting and fishing on national wildlife 
refuges are in Title 50 of the Code of Federal Regulations in part 32 
(50 CFR part 32). We regulate hunting and fishing on refuges to:
    [sbull] Ensure compatibility with refuge purpose(s);
    [sbull] Properly manage the fish and wildlife resource(s);
    [sbull] Protect other refuge values;
    [sbull] Ensure refuge visitor safety; and
    [sbull] Provide opportunities for quality recreational and 
educational experiences.
    On many refuges where we decide to allow hunting and fishing, our 
general policy of adopting regulations identical to State hunting and 
fishing regulations is adequate in meeting these objectives. On other 
refuges, we must supplement State regulations with more-restrictive 
Federal regulations to ensure that we meet our management 
responsibilities, as outlined in the ``Statutory Authority'' section. 
We issue refuge-specific hunting and sport fishing regulations when we 
open wildlife refuges to either migratory game bird hunting, upland 
game hunting, big game hunting, or sport fishing. These regulations 
list the wildlife species that you may hunt or those species subject to 
sport fishing, seasons, bag limits, methods of hunting or fishing, 
descriptions of areas open to hunting or fishing, and other provisions 
as appropriate. You may find previously issued refuge-specific 
regulations for hunting and fishing in 50 CFR part 32.

Statutory Authority

    The National Wildlife Refuge System Administration Act 
(Administration Act) of 1966 (16 U.S.C. 668dd-668ee, as amended) and 
the Refuge Recreation Act (Recreation Act) of 1962 (16 U.S.C. 460k-
460k-4) govern the administration and public use of national wildlife 
refuges.
    Amendments enacted by the National Wildlife Refuge System 
Improvement Act of 1997 (Improvement Act) build upon the Administration 
Act in a manner that provides an ``Organic Act'' for the System similar 
to those that exist for other public Federal lands. The Improvement Act 
serves to ensure that we effectively manage the System as a national 
network of lands, waters, and

[[Page 48584]]

interests for the protection and conservation of our Nation's wildlife 
resources. The Administration Act states first and foremost that we 
focus the mission of the System on conservation of fish, wildlife, and 
plant resources and their habitats. The Improvement Act requires the 
Secretary, before allowing a new use of a refuge, or before expanding, 
renewing, or extending an existing use of a refuge, to determine that 
the use is compatible. The Improvement Act established as the policy of 
the United States that wildlife-dependent recreation, when compatible, 
is a legitimate and appropriate public use of the System, through which 
the American public can develop an appreciation for fish and wildlife. 
The Act established six wildlife-dependent recreational uses, when 
compatible, as the priority general public uses of the System. These 
uses are: hunting, fishing, wildlife observation and photography, and 
environmental education and interpretation.
    The Recreation Act authorizes the Secretary to administer areas 
within the System for public recreation as an appropriate incidental or 
secondary use only to the extent that doing so is practicable and not 
inconsistent with the primary purpose(s) for which Congress and the 
Service established the areas. The Recreation Act requires that any 
recreational use of refuge lands be compatible with the primary 
purpose(s) for which we established the refuge and not inconsistent 
with other previously authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    We develop specific management plans for each refuge prior to 
opening it to hunting or fishing. In many cases, we develop refuge-
specific regulations to ensure the compatibility of the programs with 
the purpose(s) for which we established the refuge and the mission of 
the System. We ensure initial compliance with the Administration Act 
and the Recreation Act for hunting and sport fishing on newly acquired 
refuges through an interim determination of compatibility made at or 
near the time of acquisition. These regulations ensure that we make the 
determinations required by these acts prior to adding refuges to the 
lists of areas open to hunting and fishing in 50 CFR part 32. We ensure 
continued compliance by the development of comprehensive conservation 
plans, specific plans, and by annual review of hunting and sport 
fishing programs and regulations.

New Hunting and Fishing Programs

    In preparation for opening additional refuges to hunting and 
fishing, or to initiating new hunting or fishing programs on refuges 
already open, we document appropriate compliance with the National 
Environmental Policy Act (NEPA) through an Environmental Assessment 
with a finding of No Significant Impact, an Environmental Impact 
Statement with a Record of Decision, or determine and document that the 
action qualifies for a Categorical Exclusion. We also conduct and 
document internal consultations under section 7 of the Endangered 
Species Act, and coordinate with the State(s), and if appropriate, 
Tribe(s) in or near the refuge.
    Upon review of these documents, we have determined that the opening 
of these National Wildlife Refuges to hunting and/or fishing is 
compatible with the purpose of the refuge and the mission of the 
system, and not inconsistent with applicable State laws. A copy of the 
compatibility determinations for each respective refuge is available 
upon request from the Regional Office noted under the heading 
``Available Information for Specific Refuges.''
    We propose to allow the following wildlife-dependent recreational 
activities:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       Migratory bird    Upland game        Big game
                  Refuge                                     State                        hunting          hunting          hunting       Sport fishing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wapanocca................................  Arkansas.................................               X   ...............               X   ...............
Grand Cote...............................  Louisiana................................               X                X                X   ...............
Northern Tallgrass Prairie...............  Minnesota/Iowa...........................               X                X                X   ...............
Boyer Chute..............................  Nebraska.................................               X   ...............               X   ...............
DeSoto...................................  Iowa.....................................  ...............               X   ...............  ...............
Big Branch Marsh.........................  Louisiana................................  ...............               X   ...............  ...............
North Platte.............................  Nebraska.................................  ...............               X                X   ...............
Coldwater................................  Mississippi..............................  ...............  ...............  ...............               X
Bandon Marsh.............................  Oregon...................................  ...............  ...............  ...............               X
Rappahannock River Valley................  Virginia.................................  ...............  ...............  ...............               X
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Lands acquired as ``waterfowl production areas,'' which we 
generally manage as part of Wetland Management Districts, are open to 
the hunting of migratory game birds, upland game, big game, and sport 
fishing subject to the provisions of State law and regulations (see 50 
CFR 32.1 and 32.4). This year we are adding Detroit Lakes Wetland 
Management District in Minnesota to the list of refuges open for all 
four of these activities.
    We are correcting an administrative error in 50 CFR part 32 that 
occurred with regard to Bandon Marsh National Wildlife Refuge in 
Oregon. It has come to our attention that the CFR does not indicate 
that the refuge is open to sport fishing. We opened the refuge to sport 
fishing in 1986 (55 FR 30655, 30663; August 28, 1986). It appears that 
a clerical error was made when the rules adopted in 1986 were being 
published in the subsequent edition of the CFR. We are correcting that 
error and part 32 will now reflect that the refuge is open to sport 
fishing. Coldwater National Wildlife Refuge was part of Tallahatchie 
National Wildlife Refuge (both in Mississippi) and is an area of the 
System that we opened by reason of its having been included in 
Tallahatchie's fishing plan (61 FR 45364, August 29, 1996). It has 
become a separate unit this year, thus we are including a separate 
listing that Coldwater National Wildlife Refuge is open to fishing 
only.
    If finalized as proposed, the 2003-2004 hunting and fishing season 
will result in a net of three national wildlife refuges added to 
fishing and four national wildlife refuges added to hunting. This will 
bring our cumulative total of national wildlife refuges open to hunting 
to 315 and refuges open to fishing to 274.

Request for Comments

    You may comment on this proposed rule by any one of several 
methods:
    1. You may mail comments to: Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge

[[Page 48585]]

System, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 
670, Arlington, VA 22203.
    2. You may comment via the Internet to: 
[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-AI63'' and your full name 
and return mailing address in your Internet message. If you only use 
your e-mail address, we will consider your comment to be anonymous and 
will not consider it in the final rule. If you do not receive a 
confirmation from the system that we have received your Internet 
message, contact us directly at (703) 358-2036.
    3. You may fax comments to: Chief, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, at (703) 358-
2248.
    4. Finally, you may hand-deliver or courier comments to the address 
mentioned above. In light of increased security measures, please call 
(703) 358-2036 before hand-delivering comments.
    We seek comments on this proposed rule and will accept comments by 
any of the methods described above. Our practice is to make comments, 
including the names and home addresses of respondents, available for 
public review during regular business hours. Individual respondents may 
request that we withhold their home addresses from the rulemaking 
record, which we will honor to the extent allowable by law. In some 
circumstances, we would withhold from the rulemaking record a 
respondent's identity, as allowable by law. If you wish for us to 
withhold your name and/or address, you must state this request 
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.
    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. We considered providing a 60-day, rather than a 30-
day, comment period. However, we determined that an additional 30-day 
delay in processing these refuge-specific hunting and fishing 
regulations would hinder the effective planning and administration of 
our hunting and fishing programs. That delay would jeopardize 
establishment of hunting and fishing programs this year, or shorten 
their duration. Many of these rules also relieve restrictions and allow 
the public to participate in recreational activities on a number of 
refuges. In addition, in order to continue to provide for previously 
authorized hunting opportunities while at the same time providing for 
adequate resource protection, we must be timely in providing 
modifications to certain hunting programs on some refuges.
    When finalized, we will incorporate this regulation into 50 CFR 
part 32. Part 32 contains general provisions and refuge-specific 
regulations for hunting and sport fishing on national wildlife refuges.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the ``Supplementary Information'' section of the preamble helpful in 
understanding the rule? (6) What else could we do to make the rule 
easier to understand? Send a copy of any comments on how we could make 
this proposed rule easier to understand to: Office of Regulatory 
Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., 
Washington, DC 20240. You may e-mail your comments to: 
[email protected].

Regulatory Planning and Review

    In accordance with the criteria in Executive Order 12866, the 
Service asserts that this rule is not a significant regulatory action. 
The Office of Management and Budget (OMB) makes the final determination 
under Executive Order 12866.
    a. This rule will not have an annual economic effect of $100 
million or adversely affect an economic sector, productivity, jobs, the 
environment, or other units of the government. A cost-benefit and full 
economic analysis is not required. The purpose of this rule is to add 
seven refuges to the list of refuges that have hunting and/or fishing 
activities and to increase the type of activities at three other 
refuges. The refuges are located in the States of Arkansas, Iowa, 
Louisiana, Minnesota, Mississippi, Nebraska, Oregon, and Virginia. 
Fishing and hunting are two of the wildlife-dependent uses of national 
wildlife refuges that Congress recognized as legitimate and appropriate 
and directed us to facilitate, subject to such restrictions or 
regulations as may be necessary to ensure their compatibility with the 
purpose(s) and mission of each refuge. Many of the 542 existing 
national wildlife refuges already have programs where we allow fishing 
and hunting. Not all refuges have the necessary resources and landscape 
that would make fishing and hunting opportunities available to the 
public. By opening these refuges to new activities, we have determined 
that we can make quality experiences available to the public. This rule 
establishes hunting and/or fishing programs at the following refuges: 
Wapanocca National Wildlife Refuge in Arkansas, Grand Cote National 
Wildlife Refuge in Louisiana, Northern Tallgrass Prairie National 
Wildlife Refuge in Minnesota and Iowa, Boyer Chute and North Platte 
National Wildlife Refuges in Nebraska, DeSoto National Wildlife Refuge 
in Iowa, Big Branch Marsh National Wildlife Refuge in Louisiana, 
Coldwater National Wildlife Refuge in Mississippi, Bandon Marsh 
National Wildlife Refuge in Oregon, and Rappahannock River Valley 
National Wildlife Refuge in Virginia. We present impacts in 2002 real 
dollars.
    For this analysis, we do not expect changes to recreational visits 
at the Detroit Lakes Wetland Management District, Bandon Marsh National 
Wildlife Refuge, or Coldwater National Wildlife Refuge. All Wetland 
Management Districts are open to hunting and fishing activities until 
closed, and the proposed rulemaking reflects that Detroit Lakes Wetland 
Management District is open to hunting of migratory game birds, upland 
game, big game, and sport fishing. However, we do not expect any change 
in visitation rates at this management district because recreationists 
currently have the option to participate in these activities at Detroit 
Lakes. We expect no visitation changes at Bandon Marsh National 
Wildlife Refuge. The proposed rule corrects an administrative error, 
but does not change current activities at the refuge since the refuge 
has been open to fishing since 1986. Also, we expect no visitation 
changes at Coldwater National Wildlife Refuge. Coldwater was part of 
Tallahatchie National Wildlife Refuge (also in the State of 
Mississippi) and covered by its fishing plan. Therefore, we would 
expect any previous fishing activity in the Coldwater section of

[[Page 48586]]

Tallahatchie to continue without change.
    Following a best-case scenario, if the refuges establishing new 
fishing and hunting programs were a pure addition to the current supply 
of such activities, it would mean a consumer surplus of approximately 
$200,000 annually and an estimated increase of 1,000 user days of 
hunting and 2,082 user days of fishing (Table 1). Consequently, this 
rule will have a small, measurable, beneficial economic impact on the 
U.S. economy.

    Table 1.--Estimated Changes in Consumer Surplus From Additional Fishing and Hunting Opportunities in 2003
----------------------------------------------------------------------------------------------------------------
                                                                                                    Additional
                                                      Current       Additional      Additional      fishing and
                     Refuge                         visitation     fishing days    hunting days       hunting
                                                    days (FY02)                                      combined
----------------------------------------------------------------------------------------------------------------
Wapanocca.......................................             844  ..............              70              70
Grand Cote......................................           2,500  ..............           1,000           1,000
Northern Tallgrass Prairie......................  ..............  ..............             300             300
Boyer Chute.....................................           3,147  ..............             175             175
DeSoto..........................................          14,967  ..............              25              25
Big Branch Marsh................................           5,975  ..............             500             500
North Platte....................................  ..............  ..............              12              12
Bandon Marsh....................................             100  ..............  ..............               0
Coldwater.......................................  ..............  ..............  ..............               0
Rappahannock River..............................              45           1,000  ..............           1,000
                                                 -----------------
Consumer Surplus per Day........................  ..............          $62.16          $66.02  ..............
Change in Total Consumer Surplus................  ..............         $62,160        $137,454       $199,614
----------------------------------------------------------------------------------------------------------------
Note: All estimates are stated in 2002 real dollars.

    b. This proposed rule will not create inconsistencies with other 
agencies' actions. This action pertains solely to the management of the 
System. The fishing and hunting activities located on national wildlife 
refuges account for approximately 1 percent of the available supply in 
the United States. Any small, incremental change in the supply of 
fishing and hunting opportunities will not measurably impact any other 
agency's existing programs.
    c. This proposed rule will not materially affect entitlements, 
grants, user fees, loan programs, or the rights and obligations of 
their recipients. This proposed rule does not affect entitlement 
programs. There are no grants or other Federal assistance programs 
associated with public use of national wildlife refuges.
    d. This proposed rule will not raise novel legal or policy issues. 
This proposed rule opens seven additional refuges for fishing and 
hunting activities and increases the activities available at three 
other refuges. This proposed rule continues the practice of allowing 
recreational public use of national wildlife refuges. Many refuges in 
the System currently have opportunities for the public to hunt and fish 
on refuge lands.

Regulatory Flexibility Act

    We certify that this rule will not have a significant economic 
effect on a substantial number of small entities as defined under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A Regulatory 
Flexibility Analysis is not required. Accordingly, a Small Entity 
Compliance Guide is not required.
    This proposed rule does not increase the number of recreation types 
allowed in the System but establishes new or additional hunting and/or 
fishing programs on 10 refuges. As a result, opportunities for 
wildlife-dependent recreation on national wildlife refuges will 
increase. The changes in the amount of permitted use are likely to 
increase visitor activity on these national wildlife refuges.
    For purposes of analysis, we will assume that any increase in 
refuge visitation is a pure addition to the supply of the available 
activity. This will result in a best-case scenario, and we expect to 
overstate the benefits to local businesses. The latest information on 
the distances traveled for fishing and hunting activities indicates 
that more than 80 percent of the participants travel less than 100 
miles from home to engage in the activity. This indicates that 
participants will spend travel-related expenditures in their local 
economies. Since participation is scattered across the country, many 
small businesses benefit. The 2001 National Survey of Fishing, Hunting, 
and Wildlife Associated Recreation identifies expenditures for food and 
lodging, transportation, and other incidental expenses. Using the 
average expenditures for these categories with the expected maximum 
additional participation on the System as a result of this proposed 
rule yields the following estimates (Table 2) compared to total 
business activity for these sectors.

   Table 2.--Estimation of the Additional Expenditures With an Increase of Activities in Three Refuges and the
                        Opening of Seven Refuges to Fishing and/or Hunting for 2003-2004
----------------------------------------------------------------------------------------------------------------
                                                                                                     Possible
                                          U.S. total           Average         Current refuge       additional
                                    expenditures  in 2001   expend.  per      expenditures w/o        refuge
                                                                 day       duplication  (FY2002)   expenditures
----------------------------------------------------------------------------------------------------------------
                                                     Anglers
Total Days Spent..................  557 Mil..............  ..............  5.9 Mil..............           1,000
-----------------------------------
Total Expenditures................  $36.2 Bil............             $65  $386.3 Mil...........         $64,937

[[Page 48587]]

 
    Trip Related..................  $14.9 Bil............              27  $158.9 Mil...........         $26,710
        Food and Lodging..........  $6.0 Bil.............              11  $63.8 Mil............         $10,718
        Transportation............  $3.6 Bil.............               6  $38.1 Mil............          $6,407
        Other.....................  $5.3 Bil.............              10  $57.0 Mil............          $9,585
-----------------------------------
                                                     Hunters
Total Days Spent..................  228 Mil..............  ..............  2.0 Mil..............           2,082
-----------------------------------
    Total Expenditures............  $20.6 Bil............             $92  $181.0 Mil...........        $190,878
        Trip Related..............  $5.3 Bil.............             $23  $46.1 Mil............         $48,642
        Food and Lodging..........  $2.4 Bil.............             $11  $21.5 Mil............         $22,689
        Transportation............  $1.8 Bil.............              $8  $15.7 Mil............         $16,571
        Other.....................  $1.0 Bil.............              $5  $8.9 Mil.............         $9,383
----------------------------------------------------------------------------------------------------------------
Note: All estimates are in 2002 real dollars.

    Using a national impact multiplier for hunting activities (2.73) 
derived from the report ``Economic Importance of Hunting in America'' 
and a national impact multiplier for sportfishing activities (2.79) 
from the report ``Sportfishing in America'' for the estimated increase 
in direct expenditures yields a total economic impact of approximately 
$257,000 (Southwick Associates, Inc., 2003).
    A large percentage of the retail trade establishments in the 
majority of affected counties qualifies as small businesses. With the 
small increase in overall spending anticipated from this proposed rule, 
it is unlikely that a substantial number of small entities will have 
more than a small benefit from the increased recreationist spending 
near the affected refuges; none are likely to have any adverse impact.

    Table 3.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2003
----------------------------------------------------------------------------------------------------------------
                                   Retail trade      Estimated
                                  in 1997  (2002      maximum      Addition as a   Total  number    Establish.
       Refuge/County(ies)          dollars  in    addition  from    % of total        retail      with <10  emp.
                                    millions)        new refuge                     establish.
----------------------------------------------------------------------------------------------------------------
Wapannocca, Crittenden, AR.....          $24,260           6,440         0.00003             262             171
--------------------------------
Grand Cote, Avoyelles, LA......              238          92,000          .039               169             129
Northern Tallgrass Prairie,                   96          27,600          .029                62              39
 Rock, MN......................
Boyer Chute, Washington, NE....              262          16,100          .006                99              64
DeSoto:
    Washington, NE.............              262           1,150          .0004               99              64
    Harrison, IA...............              187           1,150          .0006              101              76
--------------------------------
Big Branch Marsh, St. Tammany,             1,694          46,000          .003              1068             713
 LA............................
North Platte, Scotts Bluff, NE.              439           1,104          .0003              312             220
Rappahannock River,                        5,492          65,000          .001                54              45
 Northumberland, VA............
----------------------------------------------------------------------------------------------------------------

    Many small businesses may benefit from some increased wildlife 
refuge visitation. We expect that the incremental recreational 
opportunities will be scattered, and so we do not expect that the rule 
will have a significant economic effect (benefit) on a substantial 
number of small entities in any region or nationally.

Small Business Regulatory Enforcement Fairness Act

    The proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. We anticipate no 
significant employment or small business effects. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. The additional fishing and hunting opportunities at the 10 
refuges would generate angler and hunter expenditures with an economic 
impact estimated at $257,000 per year (2002 dollars). Consequently, the 
maximum benefit of this rule for businesses, both small and large, 
would not be sufficient to make this a major rule. The impact would be 
scattered across the country and would most likely not be significant 
in any local area.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This proposed rule will have only a 
slight effect on the costs of hunting and fishing opportunities for 
Americans. Under the assumption that any additional hunting and fishing 
opportunities would be quality opportunities, we would attract 
participants to the refuge. If the refuge were closer to the 
participants' residences, then a reduction in travel costs would occur 
and benefit the participants. The Service does not have

[[Page 48588]]

information to quantify this reduction in travel cost but assumes that, 
since most people travel less than 100 miles to hunt and fish, the 
reduced travel cost would be small for the additional days of hunting 
and fishing generated by this proposed rule. We do not expect this 
proposed rule to affect the supply or demand for fishing and hunting 
opportunities in the United States and therefore, it should not affect 
prices for fishing and hunting equipment and supplies, or the retailers 
that sell equipment.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises. Refuges that establish hunting and fishing programs may 
hire additional staff from the local community to assist with the 
programs, but this would not be a significant increase, because only 
seven refuges are adding new programs and only three refuges are 
increasing programs by this proposed rule.

Unfunded Mandates Reform Act

    Since this rule applies to public use of federally owned and 
managed refuges, it does not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The rule does not have a significant or unique effect 
on State, local, or Tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This regulation will affect only 
visitors at national wildlife refuges and describe what they can do 
while they are on a refuge.

Federalism (Executive Order 13132)

    As discussed in the Regulatory Planning and Review and Unfunded 
Mandates Reform Act sections above, this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment under Executive Order 13132. In preparing this proposed 
rule, we worked with State governments, and our programs are consistent 
to the State regulations to the degree practicable.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order. The regulation will clarify established 
regulations and result in better understanding of the regulations by 
refuge visitors.

Energy Supply, Distribution or Use (Executive Order 13211)

    On May 18, 2001, the President issued Executive Order 13211 on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. Because this rule 
opens seven refuges to hunting and/or sport fishing programs and 
increases activities at three others, it is not a significant 
regulatory action under Executive Order 12866 and is not expected to 
significantly affect energy supplies, distribution, and use. Therefore, 
this action is a not a significant energy action and no Statement of 
Energy Effects is required.

Consultation and Coordination With Indian Tribal Governments (Executive 
Order 13175)

    In accordance with Executive Order 13175, we have evaluated 
possible effects on federally recognized Indian tribes and have 
determined that there are no effects. We coordinate recreational use on 
national wildlife refuges with Tribal governments having adjoining or 
overlapping jurisdiction before we propose the regulations. This 
regulation is consistent with and not less restrictive than Tribal 
reservation rules.

Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements other than those already approved by the OMB under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) (OMB Control Number is 
1018-0102). See 50 CFR 25.23 for information concerning that approval. 
An agency may not conduct or sponsor and a person is not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

Endangered Species Act Section 7 Consultation

    We reviewed the changes in hunting and fishing regulations herein 
with regard to Section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1531-1544, as amended) (ESA). For the national wildlife refuges 
proposed to open for hunting and/or fishing we have determined that 
DeSoto National Wildlife Refuge, Wapanocca National Wildlife Refuge, 
Northern Tallgrass Prairie National Wildlife Refuge, and Grand Cote 
National Wildlife Refuge (for Louisiana black bear) will not likely 
adversely affect any endangered or threatened species or designated 
critical habitat, and Grand Cote National Wildlife Refuge (for bald 
eagle), North Platte National Wildlife Refuge, Big Branch Marsh 
National Wildlife Refuge, Rappahannock River Valley National Wildlife 
Refuge, and Boyer Chute National Wildlife Refuge will not affect any 
endangered or threatened species or designated critical habitat.
    We also comply with Section 7 of the ESA when developing CCPs and 
step-down management plans for public use of refuges, and prior to 
implementing any new or revised public recreation program on a refuge 
as identified in 50 CFR 26.32. We also make determinations when 
required by the ESA before the addition of a refuge to the lists of 
areas open to hunting or fishing as contained in 50 CFR 32.7.

National Environmental Policy Act

    We analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) and 516 
DM 6, Appendix 1. This rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. An 
environmental impact statement/assessment is not required.
    A categorical exclusion from NEPA documentation applies to this 
amendment of refuge-specific hunting and fishing regulations since it 
is technical and procedural in nature and we otherwise comply with NEPA 
at the specific refuge units.
    Prior to the addition of a refuge to the list of areas open to 
hunting and fishing in 50 CFR part 32, we develop specific management 
plans for the affected refuges. We incorporate these proposed refuge 
hunting and fishing activities in refuge CCPs and/or other step-down 
management plans, pursuant to our refuge planning guidance in 602 FW 1, 
3, and 4. We prepare CCPs and step-down plans in compliance with 
section 102(2)(C) of NEPA, and the Council on Environmental Quality's 
regulations for implementing NEPA in 40 CFR parts 1500-1508. We invite 
the affected public to participate in the review, development, and 
implementation of these plans.

[[Page 48589]]

Available Information for Specific Refuges

    Individual 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, 911 N.E. 11th Avenue, 
Portland, Oregon 97232-4181; Telephone (503) 231-6214.
    Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, 
National Wildlife Refuge System, U.S. Fish and Wildlife Service, P.O. 
Box 1306, 500 Gold Avenue, Albuquerque, New Mexico 87103; Telephone 
(505) 248-6804.
    Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort 
Snelling, Minnesota 55111; Telephone (612) 713-5400.
    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, 
Atlanta, Georgia 30345; Telephone (404) 679-7154.
    Region 5--Connecticut, Delaware, 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) 253-8302.
    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.
    Region 7--Alaska. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, Alaska 
99503; Telephone (907) 786-3354.

Primary Author

    Leslie A. Marler, Management Analyst, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, U.S. Fish and 
Wildlife Service, Arlington, Virginia 22203, is the primary author of 
this rulemaking document.

List of Subjects in 50 CFR Part 32

    Fishing, Hunting, Reporting and recordkeeping requirements, 
Wildlife, Wildlife refuges.

    For the reasons set forth in the preamble, we propose to amend 
Title 50, Chapter I, subchapter C of the Code of Federal Regulations as 
follows:

PART 32--[AMENDED]

    1. The authority citation for part 32 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 
715i.

    2. In Sec.  32.7 ``What refuge units are open to hunting and/or 
fishing?'' by:
    a. Alphabetically adding Detroit Lakes Wetland Management District 
in the State of Minnesota;
    b. Alphabetically adding Northern Tallgrass Prairie National 
Wildlife Refuge in the States of Minnesota and Iowa.
    d. Alphabetically adding Coldwater National Wildlife Refuge in the 
State of Mississippi;
    3. In Sec.  32.23 Arkansas by adding the text of paragraphs A. and 
C. of Wapanocca National Wildlife Refuge to read as follows:


Sec.  32.23  Arkansas.

* * * * *

Wapanocca National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of snow geese 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable and anyone on refuge land in possession of hunting 
equipment must sign and carry them at all times.
    2. We provide annual season dates on the hunt brochure/permit.
    3. You must sign in prior to the hunt and sign out after the hunt 
at the Hunter Information Station.
    4. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
* * * * *
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 and A4 apply.
    2. We prohibit hunting from or within 50 yards (45 m) of graveled 
roads and within 150 yards (135 m) of refuge buildings.
    3. We allow archery/crossbow hunting for deer. We specify annual 
season dates and bag limits on the hunting permits.
    4. Immediately record the deer zone 640 on the hunter's license and 
later on official check station records upon harvest of a deer.
    5. You must sign in prior to the hunt and sign out after the hunt 
at the Hunter Information Station. You must check harvested deer at 
this location.
    6. We prohibit dogs.
    7. We allow only single-person portable tree stands. You may place 
tree stands on the refuge 2 days before the hunt but must remove them 
within 2 days after the hunt. You must permanently affix the owner's 
name and address on stands left on the refuge.
    8. We prohibit possession of or marking trails with materials other 
than biodegradable paper/flagging or reflective tape/tacks.
    9. We prohibit ATVs.
* * * * *
    4. In Sec.  32.34 Iowa by:
    a. Adding the text of paragraph B. of DeSoto National Wildlife 
Refuge; and
    b. Adding Northern Tallgrass Prairie National Wildlife Refuge to 
read as follows:


Sec.  32.34  Iowa.

* * * * *

DeSoto National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant 
and turkey on designated areas of the refuge in accordance with the 
States of Iowa and Nebraska regulations subject to the following 
condition: We require a refuge permit.
* * * * *

Northern Tallgrass Prairie National Wildlife Refuge

    Refer to Sec.  32.42 Minnesota for regulations.
* * * * *
    5. In Sec.  32.37 Louisiana by:
    a. Adding the text of paragraph B. of Big Branch Marsh National 
Wildlife Refuge; and
    b. Adding the text of paragraphs A., B., and C. of Grand Cote 
National Wildlife Refuge to read as follows:


Sec.  32.37  Louisiana.

* * * * *

Big Branch Marsh National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
snipe, woodcock, quail, gallinule, rail, and

[[Page 48590]]

nutria subject to the following conditions:
    1. We allow hunting during the open State season using only 
approved nontoxic shot size 4 or smaller.
    2. You may use dogs for squirrel and rabbit after the close of the 
State gun deer season only.
    3. You may use only recognized breeds of setter/retriever for 
hunting of snipe, woodcock, and quail.
    4. You must possess and carry a valid refuge hunt permit.
    5. We prohibit air-thrust boats, motorized pirogues, mud boats, and 
air-cooled propulsion engines on the refuge.
    6. Youth hunters 15 years of age and under must successfully 
complete a State-approved hunter education course. While hunting, each 
youth must possess and carry a card or certificate of completion. One 
adult 21 years of age or older must supervise each youth hunter. For 
waterfowl and upland game hunts, one adult may supervise two youths.
    7. You must unload and encase or dismantle firearms carried in 
vehicles or boats.
    8. We open the refuge during daylight hours only.
    9. We prohibit possession of buckshot, slugs, rifles, or rifle 
ammunition.
    10. We prohibit hunting within 200 feet (60 m) of any road 
(including refuge roads), residence, or designated public facilities.
    11. We prohibit possession of lead shot during all refuge hunts.
* * * * *

Grand Cote National Wildlife Refuge

    A. Hunting of Migratory Birds. We allow hunting of ducks, geese, 
coots, mourning dove, and woodcock on designated areas of the refuge, 
as shown on refuge hunting brochure map, subject to the following 
conditions:
    1. We require hunters 16 years of age and older to purchase and 
carry a signed $12.50 refuge hunt/fish/ATV permit.
    2. We allow public access from 5 a.m. to 1 hour after legal sunset.
    3. An adult 21 years of age or older must accompany (within sight 
of and in normal voice contact with) youth hunters 15 years of age and 
under. We require youth hunters to possess and carry proof of 
completion of an approved Hunter Safety Course. Each adult can 
supervise one youth hunter during deer hunts and not more that two 
youths during all other hunts.
    4. We require hunters to enter and exit the refuge from designated 
parking lots only.
    5. We require hunters to checkin/out at a designated check station.
    6. We prohibit camping or parking overnight on the refuge.
    7. We prohibit discharge of firearms except when hunting.
    8. We prohibit marking of trails with nonbiodegradable flagging 
tape.
    9. We allow use of ATVs on designated trails from the third 
Saturday in September to the last day of the State rabbit season. An 
ATV is an off-road vehicle with factory specifications not to exceed 
the following: weight-750 lbs. (337.5 kg), length-85 inches (212.5 cm), 
and width-48 inches (120 cm). We restrict ATV tires to those no larger 
than 25 x 12 with a maximum 1 inch (2.5 cm) lug height and a maximum 
allowable tire pressure of 7 psi as indicated on the tire by the 
manufacturer.
    10. We prohibit horses or mules.
    11. We prohibit saws, saw blades, and/or machetes while on the 
refuge.
    12. We prohibit hunting within 100 feet (30 m) of any designated 
road, ATV or hiking trail, or refuge facility.
    13. We prohibit transportation of loaded weapons on an ATV.
    14. We prohibit blocking of gates or trails with vehicles or ATVs.
    15. We prohibit ATVs on trails/roads not specifically designated by 
signs for ATV use.
    16. We allow only nonmotorized boats.
    17. You may take raccoon, feral hog, beaver, nutria, and coyote 
incidentally to migratory bird hunting, upland game hunting, and big 
game hunting with weapons legal for that hunt.
    18. We allow waterfowl (ducks, geese, coots) hunting on Wednesdays 
and Saturdays until 12 a.m. (noon) only during the Statewide duck 
season.
    19. We allow use of shotguns during designated hunts only.
    20. We prohibit the construction or use of permanent blinds.
    21. You must remove all decoys, portable blinds, and boats daily.
    22. We have a youth waterfowl hunt in the Crawfish Pond Unit during 
the Statewide duck season. This will be a quota-type hunt, and hunters 
will apply on an index or post card with their name, address, phone 
number, and dates of the hunt for which they are applying. When the 
State sets the duck season, we will set the dates of the hunt.
    23. We allow hunting of mourning doves incidentally by waterfowl 
hunters only on days open to waterfowl hunting.
    24. We allow recognized retriever breeds for migratory game bird 
hunting.
    25. We prohibit frogging.
    B. Upland Game Hunting. We allow hunting of rabbit, raccoon, feral 
hog, beaver, nutria, and coyote on designated areas of the refuge, as 
shown on refuge hunting brochure map, subject to the following 
conditions:
    1. Conditions A1 through A17 and A25 apply.
    2. We allow rabbit hunting from December 1 until the end of the 
Statewide season.
    3. We allow use of shotguns during designated hunts only.
    4. We allow recognized breeds of rabbit dogs only after the close 
of the State deer rifle season.
    5. You must use only beagles that do not exceed 15 inches (37.5 cm) 
at front shoulders for rabbit hunting.
    6. We require you to collar all dogs with owner's name and phone 
number.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge as shown on refuge hunting brochure map 
subject to the following conditions:
    1. Conditions A1 through A17 and A25 apply.
    2. We allow archery-only deer hunting on the refuge from October 1 
through October 31 in the Gremillion Unit, Island of the Owls Unit, and 
Concrete Bridge Unit.
    3. You must have hunter's name, address, and phone number 
permanently attached to all deer stands. We allow only portable deer 
stands that hunters must take down daily.
    4. We prohibit hunters to drive deer or use pursuit dogs.
    5. We allow only archery equipment during designated seasons.
    6. We require hunters to complete and possess and carry proof of 
completion of the International Bowhunters' Safety Course.
    7. We prohibit use of dogs to trail wounded deer.
    8. You may kill one deer of either sex per day during the deer 
season.
* * * * *
    6. In Sec.  32.42 Minnesota by:
    a. Adding Detroit Lakes Wetland Management District; and
    b. Adding Northern Tallgrass Prairie National Wildlife Refuge to 
read as follows:


Sec.  32.42  Minnesota.

* * * * *

Detroit Lakes Wetland Management District

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds throughout the district in accordance with State 
regulations, except that we prohibit hunting on the Headquarters 
Waterfowl Production Area (WPA) in Becker County, the Hitterdal WPA in 
Clay County, and the McIntosh WPA in Polk County. The following 
conditions apply:
    1. We prohibit the use of motorized boats.

[[Page 48591]]

    2. You must remove boats, decoys, blinds, and blind materials 
brought onto WPAs following each day's hunt.
    3. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times.
    B. Upland Game Hunting. We allow upland game hunting in accordance 
with State regulations throughout the district, except that we allow no 
hunting on the Headquarters Waterfowl Production Area (WPA) in Becker 
county, the Hitterdal WPA in Clay county, and the McIntosh WPA in Polk 
county. The following condition applies: We allow the use of hunting 
dogs, provided the dog is under the immediate control of the hunter at 
all times.
    C. Big Game Hunting. We allow big game hunting in accordance with 
State regulations throughout the district, except that we allow no 
hunting on the Headquarters Waterfowl Production Area (WPA) in Becker 
county, the Hitterdal WPA in Clay county, and the McIntosh WPA in Polk 
county. The following conditions apply:
    1. We prohibit the construction or use of permanent blinds, 
platforms, or ladders.
    2. You must remove all portable hunting stands from the area at the 
end of each day's hunt.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations throughout the district subject to the following condition: 
We prohibit the use of motorized boats.
* * * * *

Northern Tallgrass Prairie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas in accordance with State regulations 
subject to the following conditions:
    1. You must remove boats, decoys, portable or temporary blinds, 
materials brought onto the refuge, and other personal property at the 
end of each day's hunt.
    2. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.
    3. We prohibit the use of motorized watercraft.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas in accordance with State regulations subject to the 
following conditions:
    1. Hunters may possess only approved nontoxic shot while in the 
field.
    2. We prohibit the use of dogs for hunting furbearers.
    3. Hunters may take weasels, coyotes, gophers, crows, and all other 
species for which there is no closed season only during a State-
designated open season for other upland game species.
    C. Big Game Hunting. We allow hunting of big game in accordance 
with State regulations subject to the following conditions:
    1. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.
    2. You must remove all temporary blinds, stands, and scaffolds at 
the end of each day's hunt.
    3. We prohibit the use of motorized watercraft.
* * * * *
    7. In Sec.  32.43 Mississippi by adding Coldwater National Wildlife 
Refuge to read as follows:


Sec.  32.43  Mississippi.

* * * * *

Coldwater National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. All persons fishing who are 16 years of age and older must carry 
a State license on the refuge. You must have a signed refuge fishing 
permit in your possession when fishing on the refuge. You may obtain 
permits at North Mississippi Refuges Complex Headquarters, 2776 Sunset 
Drive, Grenada, Mississippi 38901, or at the Dahomey National Wildlife 
Refuge Office, Box 381, Highway 446, Boyle, Mississippi 38730, or by 
mail from the above addresses.
    2. We close the refuge to fishing from October 1 through February 
28.
    3. We allow fishing in bar pits along the Corps of Engineers levee 
only.
    4. We prohibit possession of any weapon while fishing on the 
refuge.
    5. We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices and 
commercial fishing of any kind.
    6. We allow trotlines, yo-yos, limb lines, crawfish traps, or any 
other similar devices for recreational use only, and you must tag or 
mark them with waterproof ink, legibly inscribed or legibly stamped on 
the tag with your full name and full residence address, including zip 
code. You must attend these devices a minimum of once daily. If you are 
not going to attend these devices, you must remove them from the 
refuge.
    7. We prohibit snagging or attempting to snag fish.
    8. We allow crawfishing.
    9. We allow taking of frogs by Special Use Permit only.
* * * * *
    8. In Sec.  32.45 Nebraska by:
    a. Adding the text of paragraph A. and by revising the text of 
paragraph C. of Boyer Chute National Wildlife Refuge; and
    b. Adding the text of paragraphs B. and C. of North Platte National 
Wildlife Refuge to read as follows:


Sec.  32.46  Nebraska.

* * * * *

Boyer Chute National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, and coots on designated areas of the refuge subject to the 
following conditions:
    1. You may hunt from 1\1/2\ hours before legal sunrise to 1 hour 
after legal sunset along the immediate shoreline and up to the high 
bank of the Missouri River. You must access the hunting area by land 
only within the public use area of the Island Unit and only with 
shotgun cased and unloaded.
    2. You must remove all blinds and decoys at the conclusion of each 
day's hunt.
    3. You must adhere to all applicable State hunting regulations.
* * * * *
    C. Big Game Hunting. We allow hunting of white-tailed deer subject 
to the following condition: We allow a mentored youth hunt on 
designated areas of the refuge subject to the guidelines set forth and 
administered by the State.
* * * * *

North Platte National Wildlife Refuge

* * * * *
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
pheasants, State-defined furbearers, and coyote on designated areas of 
the refuge in accordance with State regulations subject to the 
following conditions:
    1. We close the Lake Alice Unit to all public entry from October 15 
through January 14.
    2. Youth hunters must be 15 years of age or younger. A licensed 
hunter 19 years of age or older must accompany youth hunters. We 
prohibit adults accompanying youth hunters to hunt or carry firearms. 
The accompanying adult is responsible for ensuring that the hunter does 
not engage in conduct that would constitute a violation of refuge or 
State regulations.
    3. We close the refuge to public use from legal sunset to legal 
sunrise.

[[Page 48592]]

However, youth hunters and their adult guides may enter the designated 
hunting area 1 hour prior to legal sunrise.
    4. We only allow dogs engaged in pheasant-hunting activities on the 
refuge.
    C. Big Game Hunting. We allow archery hunting of mule deer and 
white-tailed deer on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We close the Lake Alice Unit to all public entry from October 15 
through January 14.
    2. We close the refuge to public use from legal sunset to legal 
sunrise. However, archery deer hunters may enter the designated hunting 
area 1 hour prior to legal sunrise and remain until 1 hour after legal 
sunset.
* * * * *
    9. In Sec.  32.56 Oregon by adding the text of paragraph D. of 
Bandon Marsh National Wildlife Refuge to read as follows:


Sec.  32.56  Oregon.

* * * * *

Bandon Marsh National Wildlife Refuge

* * * * *
    D. Sport Fishing. We allow sport fishing in accordance with State 
regulations, on that portion of the refuge west of U.S. Highway 101.
* * * * *
    10. In Sec.  32.66 Virginia by adding the text of paragraph D. of 
Rappahannock River Valley National Wildlife Refuge to read as follows:


Sec.  32.66  Virginia.

* * * * *

Rappahannock River Valley National Wildlife Refuge

* * * * *
    D. Sport Fishing. We allow fishing on designated areas of Wilna 
Pond in Richmond County subject to the following conditions:
    1. As we implement the new fishing program at Wilna Pond, we intend 
to be open on a daily basis, legal sunrise to legal sunset. If 
unexpected law enforcement issues arise, we may restrict hours of 
access for fishing.
    2. From March 15 through June 30, we allow fishing from the Wilna 
Pond pier only (no boat or bank fishing).
    3. During the period when we open the Wilna Tract for deer hunting, 
we will close it to all other uses, including fishing.
    4. We prohibit fishing by any means other than by use of one or 
more attended poles with hook and line attached.
    5. We prohibit the use of lead fishing tackle.
    6. We require catch and release fishing only for largemouth bass. 
Anglers may take other finfish species in accordance with State 
regulations.
    7. We prohibit the take of any reptile, amphibian, or invertebrate 
species for use as bait or for any other purpose.
    8. We prohibit the use of live minnows as bait.
    9. We prohibit use of boats propelled by gasoline motors, sail, or 
mechanically operated paddle wheel. We only permit car-top boats; and 
we prohibit trailers.
    10. Prescheduled environmental education field trips will have 
priority over other uses, including sport fishing, on the Wilna Pond 
pier at all times.
* * * * *

    Dated: August 5, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-20448 Filed 8-13-03; 8:45 am]
BILLING CODE 4310-55-P