[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35380-35388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12514]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018-AV36


2007-2008 Hunting and Sport Fishing Regulations for the Upper 
Mississippi River National Wildlife and Fish Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to 
amend the regulations for the Upper Mississippi River National Wildlife 
and Fish Refuge (refuge) that pertain to existing programs for 
migratory game bird hunting, upland game hunting, big game hunting, and 
sport fishing. These changes would take effect with the 2007-2008 
season and would implement the recently completed Comprehensive 
Conservation Plan (CCP) for the refuge. This amendment would replace 
current refuge regulations found at 50 CFR 32.32 (Illinois), place the 
proposed regulations at 50 CFR 32.42 (Minnesota) to match the State 
listing with the location of the refuge headquarters, and cross 
reference those regulations in 50 CFR 32.34 (Iowa) and 32.69 
(Wisconsin).

DATES: We must receive your comments on or before July 30, 2007.

ADDRESSES: Submit written comments to Refuge Manager, Upper Mississippi 
River National Wildlife and Fish Refuge, 51 East Fourth Street, Room 
101, Winona, MN 55987. See ``Request for Comments'' under SUPPLEMENTARY 
INFORMATION for information on electronic submission. You may also 
request information on the refuge's public use programs and the 
conditions that apply to them, or request copies of compatibility 
determinations or other information, at the above address.

FOR FURTHER INFORMATION CONTACT: Don Hultman, (507) 452-4232; Fax (507) 
452-0851.

SUPPLEMENTARY INFORMATION: The Upper Mississippi River National 
Wildlife and Fish Refuge (refuge) encompasses 240,000 acres in a more-
or-less

[[Page 35381]]

continuous stretch of 261 miles of Mississippi River floodplain in 
Minnesota, Wisconsin, Iowa, and Illinois. The refuge was established by 
Congress in 1924 to provide a refuge and breeding ground for migratory 
birds, fish, other wildlife, and plants. The refuge is perhaps the most 
important corridor of habitat in the central United States due to its 
species diversity and abundance and is the most visited refuge in the 
United States with 3.7 million annual visitors. Approximately 187,000 
acres of the refuge is open to all hunting, and approximately 140,000 
acres of surface water is open to year-round fishing.
    The development of an Environmental Impact Statement (EIS) and CCP 
for the refuge began with a notice of intent to prepare the EIS, which 
we published in the Federal Register on May 30, 2002 (67 FR 37852). We 
followed with a notice of availability of our Draft EIS (April 28, 
2005; 70 FR 22085), and we accepted public comments on the Draft EIS 
for 120 days. On October 7, 2005, we published a notice of intent to 
prepare a Supplement to the Draft EIS (70 FR 58738). We made the 
Supplement to the Draft EIS available on December 5, 2005 (70 FR 
72462), and accepted public comments on that document for 60 days, 
extended to 90 days.
    We offered public involvement through 46 public meetings and 
workshops attended by 4,500 persons in 14 different communities in four 
States during the four-year planning process. In addition, we held or 
attended 80 other meetings with the States, other agencies, interest 
groups, and elected officials to discuss the Draft EIS, and mailed 
three different planning update newsletters to up to 4,900 persons or 
organizations on our planning mailing list. We also issued numerous 
news releases at various planning milestones, and held two press 
conferences.
    On July 11, 2006, we published a notice of availability of our 
Final EIS (71 FR 39125), and we accepted public comments on the Final 
EIS for 30 days. On August 24, 2006, the Regional Director of the 
Midwest Region of the Fish and Wildlife Service signed the Record of 
Decision that documented the selection of Alternative E, the Preferred 
Alternative presented in the Final EIS. We published a notice of 
availability of that Record of Decision on November 2, 2006 (71 FR 
64553).
    In accordance with the Record of Decision, we prepared a CCP based 
on Alternative E. The CCP was approved on October 24, 2006. The 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd-668ee, as amended by the National Wildlife Refuge Improvement Act 
of 1997), requires the Secretary of the Interior (Secretary) to manage 
each refuge in a manner consistent with a completed CCP. The Final EIS 
and CCP are available at http://www.fws.gov/midwest/planning/uppermiss.
    This hunting and fishing regulation proposal implements the goals, 
objectives, and strategies spelled-out in the CCP pertaining to hunting 
and fishing and related uses.
    The proposal also reflects a fine-tuning of language in the current 
refuge-specific regulations for clarity and ease of enforcement, and 
other modest changes to modernize regulations and make them consistent 
with the principles of sound fish and wildlife management. For example, 
this proposal includes the requirement for hunters to use nontoxic shot 
shells for turkey hunting, the only exemption in the previous nontoxic 
shot shell regulation (50 CFR 32.2(k)).
    When all changes in the CCP are implemented in 2009, there will be 
23 closed areas or sanctuaries totaling 43,652 acres, compared with the 
current 15 areas totaling 44,544 acres. Another 1,406 acres will be 
open the first 30 days of the season, closing November 1. An effective 
system of strategically located waterfowl closed areas on the 261-mile-
long refuge is critical to the Mississippi Flyway, and allows hunting 
to remain compatible.
    There is also a change to open water hunting regulations on 4,000 
acres of Pool 11 in Grant County, Wisconsin, and a phase out of 
permanent hunting blinds on the only areas of the refuge they are still 
allowed. The Grant County area remains open to hunting, but restricts 
open water hunting from boats to protect large rafts of scaup and 
canvasback.
    The National Wildlife Refuge System Administration Act of 1966 
authorizes the Secretary to allow uses of refuge areas including 
hunting and/or sport fishing, upon a determination that such uses are 
compatible with the purposes of the refuge and National Wildlife Refuge 
System (Refuge System) mission. The action also must be in accordance 
with provisions of all laws applicable to the areas, developed in 
coordination with 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 Refuge System for the benefit of present and future generations 
of Americans.
    The Secretary is required to prepare a CCP for each refuge and 
shall manage each refuge consistent with the CCP. Each CCP must 
identify and describe the refuge purposes; fish, wildlife, and plant 
populations; cultural resources; areas for administrative or visitor 
facilities; significant problems affecting resources and actions 
necessary; and opportunities for compatible wildlife-dependent 
recreation. Each CCP must also be developed through consultation with 
the other States, agencies, and the public, and be coordinated with 
applicable State conservation plans.
    Each CCP is guided by the overarching requirement that refuges are 
to be managed to fulfill their purposes for which established and the 
mission of the Refuge System. In addition, the National Wildlife Refuge 
System Improvement Act requires that the Refuge System be administered 
to provide for the conservation of fish, wildlife, and plants and their 
habitats; and to ensure their biological integrity, diversity, and 
environmental health.
    We developed the CCP for the refuge in accordance with all 
requirements and in accordance with the consultation and public 
involvement provisions of the National Wildlife Refuge System 
Improvement Act. This includes new compatibility determinations for 
hunting and fishing, which are referenced and listed in Appendix E of 
the Final EIS. We then developed this proposed rule to implement 
portions of the CCP.

Plain Language Mandate

    In this proposed rule, we comply with a Presidential mandate to use 
plain language in regulations. As examples, we use ``you'' to refer to 
the reader and ``we'' to refer to the Service, the word ``allow'' 
instead of ``permit'' when we do not require the use of a permit for an 
activity, and we use active voice whenever possible (i.e., ``We allow 
hunting of upland game on designated areas'' vs. ``Upland game hunting 
in designated areas is allowed'').

Statutory Authority

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd-668ee, as amended by the National Wildlife Refuge System 
Improvement Act of 1977 [Improvement Act]) (Administration Act) and the 
Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) (Recreation Act) 
govern the administration and public use of refuges. In addition, the 
Migratory Bird Treaty Act (16 U.S.C 703-711) grants authority for 
management of migratory birds and the

[[Page 35382]]

closing of any areas to migratory bird hunting.
    The Migratory Bird Treaty Act (MBTA) designates the protection of 
migratory birds as a Federal responsibility. The MBTA enables the 
setting of seasons, and other regulations including the closing of 
areas, Federal and non-Federal, to the hunting of migratory birds. You 
can find regulations stemming from the MBTA pertaining to migratory 
bird hunting in 50 CFR part 20.
    This document proposes to codify in the Code of Federal Regulations 
amended hunting and sport fishing regulations that are applicable to 
the Upper Mississippi River National Wildlife and Fish Refuge. We are 
proposing this to implement the refuge CCP, better inform the general 
public of the regulations at the refuge, increase understanding and 
compliance with these regulations, and make enforcement of these 
regulations more efficient. In addition to finding these regulations in 
50 CFR part 32, visitors will find them reiterated in literature 
distributed by each refuge and posted on signs at major access points. 
Visitors will also find the boundaries of closed areas or other 
restricted-use areas referenced in this document marked by specific 
signs.
    This proposal includes cross-references to a number of existing 
regulations in 50 CFR parts 27 and 32 to assist hunting and sport 
fishing visitors with understanding safety and other legal requirements 
on refuges. This redundancy is deliberate, with the intention of 
improving safety and compliance in our hunting and sport fishing 
programs.

Fish Advisory

    For health reasons, anglers should review and follow State-issued 
consumption advisories before enjoying recreational sport fishing 
opportunities on Service-managed waters. You can find information about 
current fish consumption advisories on the Internet at: http://www.epa.gov/waterscience/fish/.

Request for Comments

    You may comment on this proposed rule by any one of several 
methods:
    1. You may comment via e-mail to: [email protected]. 
Please include: ``Attn: Hunting/Fishing Regs.'' and your full name and 
return mailing address in your e-mail message (See ``Public 
Availability of Comments,'' below). If you do not receive a 
confirmation that we have received your e-mail message, contact us 
directly at (507) 452-4232.
    2. You may mail or hand-deliver/courier your comments to: Refuge 
Manager, Upper Mississippi River National Wildlife and Fish Refuge, 51 
East Fourth Street, Room 101, Winona, MN 55987.
    3. You may fax comments to: Refuge Manager, Upper Mississippi River 
National Wildlife and Fish Refuge, at (507) 452-0851.
    4. You may submit comment online at the Federal eRulemaking Portal 
at  http://www.regulations.gov. Follow the instructions at that site 
for submitting comments.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Public Comment

    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. During preparation of the refuge CCP, we used an 
extensive public information, outreach, and comment process, including 
46 public meetings or workshops attended by 4,500 persons and 80 other 
meetings with State department of natural resources agencies, other 
agencies, interest groups, elected officials, and other Service and 
Department of Interior offices. We received and responded to a total of 
3,230 written comments in the Final EIS. This document, and its 
publication as a proposed rule in the Federal Register, will provide an 
additional opportunity for comment during the 30-day comment period.
    We believe that a 30-day comment period, through this broader 
publication following the earlier public involvement, gives the public 
sufficient time to comment before the upcoming seasons. In addition, in 
order to continue to provide for previously authorized hunting and 
fishing opportunities while at the same time providing for adequate 
resource and visitor protection, we must be timely in providing 
modifications to hunting and fishing programs on refuges.
    If adopted, we will incorporate these proposed regulations into 50 
CFR 32.42 (Minnesota). Part 32 contains general provisions and part 
32.42 contains refuge-specific regulations for hunting and sport 
fishing on refuges located or headquartered in Minnesota.

Clarity of This Rule

    Executive Order (E.O.) 12866 requires each agency to write 
regulations that are easy to understand. We invite your comments on how 
to make this proposed 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 
(e.g., grouping and order of sections, use of headings, paragraphing) 
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 proposed 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 (E.O.) 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 E.O. 12866.
    a. This proposed 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. However, a brief assessment 
follows to clarify the costs and benefits associated with this proposed 
rule.
    The purpose of this proposed rule is to implement amended hunting 
and sport fishing regulations on the Upper Mississippi River National 
Wildlife and Fish Refuge beginning with the 2007-2008 seasons. These 
regulations are derived from and are consistent with the CCP approved 
October 24, 2006, and whose environmental and socioeconomic impacts are 
documented in the Final EIS (available at http://www.fws.gov/midwest/planning/uppermiss).

Costs Incurred

    Costs incurred by this proposed regulation include signing of 
areas,

[[Page 35383]]

leaflet preparation, and printing to provide information to the public, 
law enforcement, and monitoring. However, these are regular and 
reoccurring functions on the refuge with or without these proposed 
regulations and can be handled within normal budget and staffing 
levels. Therefore, we expect any costs to be minor in the short term 
and negligible in the long term.

Benefits Accrued

    These proposed regulations would have several effects on current 
hunting opportunities on the refuge. Although some areas open to 
hunting would change, the quality of hunting could increase, especially 
for waterfowl, since the refuge would likely hold more birds in more 
areas for longer periods of time in the fall. In addition, improvement 
of habitat quality from ongoing habitat projects will likely result in 
an increase in some game populations and positively affect the hunting 
experience for many. Also, the CCP calls for an increase in land 
acquisition over time, opening several thousand acres to all forms of 
public hunting. For example, in 2005, an additional 2,000 acres was 
open to public hunting at the Lost Mound Unit, Savanna District, due to 
acquisition of the former Savanna Army Depot.
    We estimate that hunting visits will increase 10 percent over the 
15-year life of the CCP due to overall long-term trends in hunter 
visits, expected improvements to the hunting experience, and a better 
distribution of waterfowl and, thus, hunting opportunity. We predict 
these regulations to have a corresponding increase in positive economic 
impact as reflected in Table 1 below.
    Table 1 shows the expected change by the end of the 15-year life of 
the CCP resulting from the implementation of the 2007-2008 hunting 
regulations compared with FY 2003 for the 19-county area on and 
adjacent to the refuge. We expect annual hunting visitation to increase 
by 10 percent resulting in 26,362 more hunter visits. Retail 
expenditures associated with this increased visitation total $520,399 
with total economic output (based on an output multiplier of 1.23 for 
the 19-county region impacted by the refuge) of $642,526. An additional 
nine jobs with associated income of $145,343 occur along with an 
additional $68,909 in Federal and State tax revenue.

   Table 1.--Annual Economic Impacts of 2007-2008 Hunting and Fishing
       Regulations Compared With FY 2003 Impacts: Hunting Visitors
                             [2003 dollars]
------------------------------------------------------------------------
                                                           2007-2008
                                                          Regulations
              Impacts                    FY 2003        (change from FY
                                                        2003 for 15-year
                                                          span of CCP)
------------------------------------------------------------------------
Hunting Visitors..................            263,623            +26,362
Expenditures......................         $5,203,988           +520,399
Economic Output...................         $6,425,261          +$642,526
Jobs..............................                 87                  9
Job Income........................         $1,453,433          +$145,343
Federal and State Taxes...........           $689,090           +$68,909
------------------------------------------------------------------------

    These proposed regulations would have several effects on current 
fishing opportunities on the refuge. A minimum of approximately 140,000 
acres of water would remain open to year-round fishing, a decrease of 
about 500 acres from existing conditions. This decrease would be due to 
changes in waterfowl sanctuaries where we allow no entry during the 
respective State waterfowl hunting season. However, effects on fall 
fishing in approximately 31,000 acres of waterfowl hunting closed area 
included in voluntary avoidance guidelines would be variable since 
compliance is voluntary. In addition, the voluntary avoidance provision 
is only in effect from October 15 to the end of the respective State 
waterfowl hunting season when fishing pressure is much reduced.
    Overall fishing opportunities would remain abundant, and fishing 
would be welcome in closed areas during the peak spring, summer, early 
fall, and winter period. As called for in the CCP, the improvement of 
habitat quality from ongoing and planned habitat projects will likely 
result in an increase in some sport fish populations and positively 
affect the fishing experience for many. Increased efforts to improve 
water quality through work with private landowners in tributary 
watersheds, and more emphasis on control of aquatic invasive species, 
could also result in increases in sport fish populations and thus 
fishing success. Despite voluntary guidelines or motor restrictions 
that may limit fall fishing in waterfowl closed areas, we expect 
fishing visits to increase 5 percent based on long-term trends in 
angling visits, improvements in fish habitat, and additional fishing-
related facilities. We predict the 2007-2008 regulations to have a 
corresponding increase in positive economic impact as reflected in 
Table 2.
    Table 2 shows the expected change by the end of the 15-year CCP 
lifespan resulting from the implementation of the 2007-2008 fishing 
regulations compared with FY 2003 in the 19-county area. We expect the 
annual number of fishing visitors to increase by 60,696, with 
associated retail expenditures of $1,478,817 and total economic output 
of $1,811,153. We associate these expenditures and output with 24 jobs 
and $405,965 in job-related income. Federal and State tax revenue would 
increase by $194,241.

[[Page 35384]]



   Table 2.--Annual Economic Impacts of 2007-2008 Hunting and Fishing
       Regulations Compared With FY 2003 Impacts: Fishing Visitors
                             [2003 dollars]
------------------------------------------------------------------------
                                                           2007-2008
                                                          Regulations
              Impacts                    FY 2003        (change from FY
                                                        2003 for 15-year
                                                          span of CCP)
------------------------------------------------------------------------
Fishing Visitors..................          1,213,916            +60,696
Expenditures......................        $29,576,333        +$1,478,817
Economic Output...................        $36,223,053        +$1,811,153
Jobs..............................                483                 24
Job Income........................         $8,119,297          +$405,965
Federal and State Taxes...........         $3,884,811          +$194,241
------------------------------------------------------------------------

    b. This proposed rule will not create inconsistencies with other 
agencies' actions. This action pertains solely to the management of the 
Refuge 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 on national wildlife refuges.
    d. This proposed rule will not raise novel legal or policy issues 
that were not addressed in the Final EIS. This proposed rule continues 
the practice of allowing recreational public use of the refuge. Many 
refuges in the Refuge System currently have opportunities for the 
public to hunt and fish on refuge lands.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act [SBREFA] of 1996) (5 
U.S.C. 601, et seq.), whenever a Federal agency is required to publish 
a notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule would not have a significant economic 
impact on a substantial number of small entities. Thus, for a 
regulatory flexibility analysis to be required, impacts must exceed a 
threshold for ''significant impact'' and a threshold for a 
''substantial number of small entities.'' See 5 U.S.C. 605(b). SBREFA 
amended the Regulatory Flexibility Act to require Federal agencies to 
provide a statement of the factual basis for certifying that a rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule does not increase the number of recreation types 
allowed on the refuge but amends hunting and fishing regulations on the 
refuge. As a result, opportunities for hunting and fishing recreation 
on the refuge will remain abundant and increase over time.
    Many small businesses within the retail trade industry (such as 
hotels, gas stations, taxidermy shops, bait and tackle shops, etc.) may 
benefit from some increased refuge visitation. A large percentage of 
these retail trade establishments in the majority of affected counties 
qualify as small businesses (Table 3).
    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 given community or county. Using the estimate derived 
in the Regulatory Planning and Review section, we expect recreationists 
to spend an additional $2 million annually in total in the refuges' 
local economies. As shown in Table 3, this represents 0.02 percent of 
the total amount of retail expenditures in the 19-county area. For 
comparison purposes, the county with the smallest retail expenditure 
total, Buffalo County in Wisconsin, is shown. If the entire retail 
trade expenditures associated with the 2007-2008 hunting and fishing 
regulations occurred in Buffalo County, this would amount to 3.4 
percent increase in annual retail expenditures.

     Table 3.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation From 2007-2008 Hunting and Fishing Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     Change due to
                                                                                       2007-2008       Change as
                                                                                      hunting and     percent of     Total number  of    Establishments
                                                       Retail trade  in 2002            fishing      total retail         retail        with fewer than
                                                                                      regulations        trade        establishments      10 employees
                                                                                     (15-year span     (percent)
                                                                                        of CCP)
--------------------------------------------------------------------------------------------------------------------------------------------------------
19 County Area................................  $9.8 billion......................      $1,999,216            0.02             24,878             17,957
Buffalo County WI.............................  $58.3 million.....................       1,999,216             3.4                350                290
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 35385]]

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. Would not have an annual effect on the economy of $100 million 
or more. By the end of the 15-year CCP lifespan, the additional fishing 
and hunting opportunities on the refuge would generate an additional $2 
million in angler and hunter expenditures with an economic impact 
estimated at $2.5 million per year (2003 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 19 counties and would most likely not be significant 
in any local area.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. 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. Additional refuge hunting and fishing opportunities would 
account for less than 0.0001 percent of the available opportunities in 
the United States.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
proposed rule represents only a small proportion of recreational 
spending of a small number of affected anglers and hunters, 
approximately a maximum of $2.5 million annually in impact (economic 
output). Therefore, this rule would have no measurable economic effect 
on the wildlife-dependent industry, which has annual sales of equipment 
and travel expenditures of over $72 billion nationwide.

Unfunded Mandates Reform Act

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

Takings (E.O. 12630)

    In accordance with E.O. 12630, this proposed rule would not have 
significant takings implications. This regulation would affect only 
visitors to the refuge and describe what they can do while they are on 
the refuge.

Federalism (E.O. 13132)

    As discussed in the Regulatory Planning and Review and Unfunded 
Mandates Reform Act sections above, this proposed rule would not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment under E.O. 13132. In preparing the CCP for the 
refuge, we worked closely with the four States bordering the refuge, 
and this proposed rule reflects the CCP.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that the proposed rule would not unduly burden the judicial 
system and that it meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. This proposal would clarify established regulations and 
result in better understanding of the regulations by refuge visitors.

Energy Supply, Distribution or Use (E.O. 13211)

    On May 18, 2001, the President issued E.O. 13211 on regulations 
that significantly affect energy supply, distribution, and use. E.O. 
13211 requires agencies to prepare Statements of Energy Effects when 
undertaking certain actions. Because this proposed rule is a 
modification of an existing hunting and fishing program on the refuge, 
it is not a significant regulatory action under E.O. 12866, and we do 
not expect it 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 (E.O. 
13175)

    In accordance with E.O. 13175, we have evaluated possible effects 
on federally recognized Indian tribes and have determined that there 
are no effects. We coordinate recreational use on national wildlife 
refuges with Tribal governments having adjoining or overlapping 
jurisdiction before we propose changes to the regulations. During 
scoping and preparation of the Final EIS, we contacted 35 Indian tribes 
to inform them of the process and seek their comments.

Paperwork Reduction Act

    This regulation does not contain any information collection 
requirements other than those already approved by the Office of 
Management and Budget 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

    During preparation of the Final EIS, we completed a section 7 
consultation and determined that the preferred alternative, which 
included hunting and fishing changes reflected in this proposed rule, 
is not likely to adversely effect individuals of listed or candidate 
species or designated critical habitat of such species. The Service's 
Ecological Services Office concurred with this determination. Listed 
species on the refuge are the Higgins eye mussel and bald eagle; 
candidate species are the Eastern massasauga and spectaclecase and 
sheepnose mussels. A copy of the section 7 evaluation and accompanying 
biological assessment is available from the refuge at the location 
listed in the ADDRESSES section of this document.

National Environmental Policy Act

    Concerning the actions that are the subject of this proposed 
rulemaking, we have complied with NEPA through the preparation of a 
Final EIS and Record of Decision which include the major hunting and 
fishing changes reflected in this proposed rule. The NEPA documents are 
available on our Web site at http://www.fws.gov/midwest/planning/uppermiss.

Available Information for Specific Districts of the Refuge

    The refuge is divided into four districts for management, 
administrative, and public service effectiveness and efficiency. These 
districts correspond to two or more Mississippi River pools created by 
the series of locks and dams on the river. District offices are located 
in Winona, Minnesota (Pools 4-6), La Crosse, Wisconsin (Pools 7-8), 
McGregor, Iowa (Pools 9-11), and Savanna, Illinois (Pools 12-14). If 
you are interested in specific information pertaining to a

[[Page 35386]]

particular closed area, no hunting zone, managed hunt, or other feature 
discussed in this proposed rule, you may contact the appropriate 
district office listed below:
    Winona District, U.S. Fish and Wildlife Service, 51 East Fourth 
Street, Room 203, Winona, MN 55987; Telephone (507) 454-7351.
    La Crosse District, U.S. Fish and Wildlife Service, 555 Lester 
Avenue, Onalaska, WI 54650; Telephone (608) 783-8405.
    McGregor District, U.S. Fish and Wildlife Service, P.O. Box 460, 
McGregor, IA 52157; Telephone (563) 873-3423.
    Savanna District, U.S. Fish and Wildlife Service, 7071 Riverview 
Road, Thomson, IL 61285; Telephone (815) 273-2732.

Primary Author

    Don Hultman, Refuge Manager, Upper Mississippi River National 
Wildlife and Fish Refuge, 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. Amend Sec.  32.32 Illinois by revising Upper Mississippi River 
National Wildlife and Fish Refuge to read as follows:


Sec.  32.32  Illinois.

* * * * *

Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec.  32.42 Minnesota for regulations.
    3. Amend Sec.  32.34 Iowa by revising Upper Mississippi River 
National Wildlife and Fish Refuge to read as follows:


Sec.  32.34  Iowa.

* * * * *

Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec.  32.42 Minnesota for regulations.
    4. Amend Sec.  32.42 Minnesota by revising Upper Mississippi River 
National Wildlife and Fish Refuge to read as follows:


Sec.  32.42  Minnesota.

* * * * *

Upper Mississippi River National Wildlife and Fish Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on areas designated by the refuge manager and shown on maps 
available at refuge offices in accordance with State regulations 
subject to the following conditions:
    1. You must possess a hunting license valid in the State in which 
you are hunting and be in compliance with all applicable State and 
Federal regulations and requirements (see Sec.  32.2). You cannot 
reserve hunting areas, except at Potter's Marsh Managed Hunt Area, Pool 
13, near Thomson, Illinois, in accordance with procedures established 
by the refuge manager.
    2. In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit migratory bird hunting at all times and all public entry 
except as specified. These areas are named and located as follows:

    i. Pool Slough, Pool 9, Minnesota/Iowa, 1,112 acres.
    ii. Bertom Island, Pool 11, Iowa, 31 acres.
    iii. Guttenberg Ponds, Pool 11, Iowa, 252 acres.
    iv. Spring Lake, Pool 13, Illinois, 3,686 acres.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors,'' we prohibit migratory bird hunting at all times. 
We ask that you practice voluntary avoidance of these areas by any 
means or for any purpose from October 15 to the end of the respective 
State duck season. In areas also marked ``no motors,'' we prohibit the 
use of motors on watercraft from October 15 to the end of the 
respective State duck season.
    These ``Area(s) Closed'' are named and located as follows:

    i. Nelson-Trevino, Pool 4, Wisconsin, 3,773 acres (no voluntary 
avoidance provision).
    ii. Peterson Lake, Pool 4, Minnesota/Wisconsin, 3,111 acres (no 
voluntary avoidance provision).
    iii. Weaver Bottoms/Lost Island, Pool 5, Minnesota/Wisconsin, 3,508 
acres.
    iv. Polander Lake, Pool 5A, Minnesota/Wisconsin, 1,907 acres.
    v. Lake Onalaska, Pool 7, Wisconsin, 7,369 acres (voluntary 
avoidance on 3,356 acres until mid-November).
    vi. Wisconsin Islands, Pool 8, Minnesota/Wisconsin, 6,510 acres.
    vii. Harpers Slough, Pool 9, Iowa/Wisconsin, 5,209 acres.
    viii. Wisconsin River Delta, Pool 10, Wisconsin, 1,406 acres 
(closed November 1 to end of duck season).
    ix. 12-Mile Island, Pool 11, Iowa, 1,145 acres.
    x. Bertom-McCartney, Pool 11, Wisconsin, 2,384 acres (no voluntary 
avoidance provision).
    xi. Pleasant Creek, Pool 13, Iowa, 2,067 acres.
    xii. Elk River, Pool 13, Iowa, 1,237 acres.

    The ``Area(s) Closed--No Motors'' are named and located as follows:

    xiii. Spring Lake, Pool 5, Wisconsin, 243 acres.
    xiv. Sturgeon Slough, Pool 10, Wisconsin, 340 acres.
    xv. 12-Mile Island, Pool 10, Iowa, 540 acres.
    xvi. John Deere Marsh, Pool 11, Iowa, 439 acres.
    xvii. Kehough Slough, Pool 12, Illinois, 343 acres.
    xviii. Beaver Island, Pool 14, Iowa, 717 acres.

    4. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit migratory bird hunting at all 
times. You must unload and encase firearms in these areas. These areas 
are named and located as follows:

    i. Upper Halfway Creek Marsh, Pool 7, Wisconsin, 141 acres.
    ii. Hunter's Point, Pool 8, Wisconsin, 82 acres.
    iii. Goose Island, Pool 8, Wisconsin, 986 acres (also no motors and 
voluntary avoidance as in condition A3).
    iv. Sturgeon Slough, Pool 10, Wisconsin, 66 acres.
    v. Goetz Island Trail, Pool 11, Iowa, 32 acres.
    vi. Crooked Slough Backwater, Pool 13, Illinois, 2,467 acres.
    vii. Crooked Slough Proper, Pool 13, Illinois, 192 acres.
    viii. Frog Pond, Pool 13, Illinois, 64 acres.
    ix. Ingersoll Learning Center, Pool 13, Illinois, 41 acres.

    5. We prohibit hunting of migratory birds within 50 yards (45 m) of 
the Great River Trail at Thomson Prairie, within 150 yards (135 m) of 
the Great River Trail at Mesquaki Lake, and within 400 yards (360 m) of 
the Potter's Marsh Managed Hunt area, all in or near Pool 13, Illinois.
    6. You may retrieve dead or wounded game from areas posted ``Area 
Closed,'' ``No Hunting Zone,'' and ``No Hunting or Trapping Zone'' 
provided you do not take a loaded gun into the area and do not attempt 
to chase birds from the area.

[[Page 35387]]

You may not use a motor to aid in the retrieval of game in areas posted 
``Area Closed--No Motors.'' You may not retrieve birds or other game 
from areas posted ``No Entry--Sanctuary.''
    7. You may not engage in open-water waterfowl hunting in Pool 11, 
approximate river miles 586-592, Grant County, Wisconsin as marked with 
signs and as shown on refuge maps. Open-water hunting regulations and 
definitions that apply for Wisconsin outside of Grant County will apply 
in this area.
    8. You may possess only approved nontoxic shot shells while in the 
field (see Sec.  32.2(k)).
    9. We allow the use of dogs for hunting in accordance with State 
regulations. When dogs are not actively engaged in authorized hunting 
activities, the following conditions apply:

    i. We prohibit dogs disturbing or endangering wildlife or people 
while on the refuge.
    ii. All dogs while on the refuge must be under the control of their 
owners/handlers at all times or on a leash.
    iii. We prohibit allowing dogs to roam.
    iv. All dogs must be on a leash when on hiking trails, or other 
areas so posted.
    v. We allow working a dog in refuge waters by tossing a retrieval 
dummy or other object for out-and-back exercise.
    vi. Owners/handlers of dogs are responsible for disposal of dog 
droppings on refuge public use concentration areas such as trails, 
sandbars, and boat landings.
    vii. We prohibit field trials and commercial/professional dog 
training.

    10. We prohibit the construction of permanent hunting blinds (see 
Sec.  27.92 of this chapter). You may use natural material for seasonal 
blinds, with restrictions. You may gather grasses and marsh vegetation 
from the refuge for blind-building materials; however, Phragmites 
(giant cane) may not be cut or brought onto the refuge. You may not 
gather, bring onto the refuge, or use for blind building tree(s) or 
other plant parts, including dead wood on the ground, greater than 2 
inches (5 cm) in diameter. We prohibit constructing hunting blinds from 
rocks placed for shoreline protection (rip rap). You may leave only 
seasonal blinds made entirely of natural vegetation and biodegradable 
twines on the refuge. We consider all such blinds public property and 
open to use by any person on a first-come-first-served basis. You may 
use manmade material for temporary blinds, with restrictions. You may 
not use lumber, pipe, posts, or timbers greater than 2 inches (5 cm) in 
diameter. At the end of each day's hunt, you must remove all manmade 
blind materials, including boat blinds. Any blinds containing manmade 
materials left on the refuge are subject to immediate removal and 
disposal. Manmade materials include, but are not limited to, wooden 
pallets, metal fence posts, wire, nails, staples, netting, or tarps 
(see Sec. Sec.  27.93 and 27.94 of this chapter).
    11. We will phase out the construction and use of permanent hunting 
blinds for waterfowl hunting within the Savanna District of the refuge. 
We will no longer allow permanent blinds on the refuge in Pool 12 
beginning with the 2007-2008 waterfowl hunting season, Pool 14 after 
the 2007-2008 season, and Pool 13 after the 2008-2009 season. The 
following regulations apply for phase out of permanent hunting blinds:

    i. All permanent blinds must have the current name, address, and 
telephone number of the blind owner, posted no smaller than 
3 x 5 (7.5 cm x 12.5 cm) inside the blind.
    ii. The blind's owner must remove from the refuge all blind 
materials, including old blind materials located within 100 yards (90 
m) of the blind, within 30 days of the end of the waterfowl hunting 
season.
    iii. After the phase-out year of permanent blinds in each pool, 
refuge hunting blind regulations in Condition A10 will apply, except 
that we require a 200-yard (180-m) spacing distance between hunting 
parties on the Illinois portions of the refuge in Pools 12, 13, and 14.

    12. You may set up hunting equipment the day of the hunt but must 
remove it at the end of each day. You may place and leave hunting 
equipment and decoys on the refuge only from 1 hour before the start of 
legal shooting hours until \1/2\ hour after the close of legal shooting 
hours. You may not use nails, wire, screws, or bolts to attach a stand 
to a tree, or hunt from a tree into which a metal object has been 
driven or screwed for support (see Sec.  32.2(i) and Sec.  27.93 of 
this chapter).
    13. We prohibit the cutting, removing, or damaging of any tree or 
other vegetation except as allowed for blinds in Condition A10 or by 
written permit. You may not clear vegetation for shooting lanes or limb 
trees for tree stands (see Sec.  27.51 of this chapter).
    14. We prohibit camping during waterfowl hunting seasons within 
areas posted ``No Entry--Sanctuary,'' ``Area Closed,'' ``Area Closed--
No Motors,'' and ``No Hunting Zone'' or on any sites not clearly 
visible from the main commercial navigation channel of the Mississippi 
River. We define camping as erecting a tent or shelter of natural or 
synthetic material, preparing a sleeping bag or other bedding material 
for use, parking of a motor vehicle, or mooring or anchoring of a 
vessel for the apparent purpose of overnight occupancy, or occupying or 
leaving personal property, including boats or other craft, at a site 
anytime between the hours of 11 p.m. and 3 a.m. on any given day. Where 
we allow camping, you must occupy claimed campsites each night.
    15. We prohibit the building or use of warming fires while hunting 
(see Sec.  27.95 of this chapter). We only allow campfires in 
conjunction with camping, day-use activities on beaches, or on the ice 
while ice fishing using only dead wood on the ground, or materials 
brought onto the refuge such as charcoal or firewood. You must remove 
any unused firewood brought onto the refuge upon departure due to 
threat of invasive insects.
    16. We prohibit all vehicle use on or across refuge lands at any 
time except on designated routes of travel or on the ice over navigable 
waters accessed from boat landings. We prohibit parking beyond vehicle 
control barriers or on grass or other vegetation. You may not park or 
operate vehicles in a manner that obstructs or impedes any road, trail, 
fire lane, boat ramp, access gate, or other facility or in a manner 
that creates a safety hazard or endangers any person, property, or 
environmental feature. We may impound any vehicle left parked in 
violation at the owner's expense (see Sec.  27.31 of this chapter).
    17. We require that you keep all refuge lands clean during your 
period of use or occupancy. At all times you must keep all refuse, 
trash, and litter contained in bags or other suitable containers and 
not left scattered on the ground or in the water. You must remove all 
personal property, refuse, trash, and litter immediately upon vacating 
a site. We consider animal carcasses and spent shells to be litter (see 
Sec.  27.94 of this chapter).
    B. Upland Game Hunting. We allow hunting of upland game on areas of 
the refuge designated by the refuge manager and shown on maps available 
at refuge offices in accordance with State regulations subject to the 
following conditions:
    1. Condition A1 applies.
    2. We prohibit the carrying, possessing, or discharging of firearms 
(including dog training pistols and dummy launchers), air guns, or any 
other weapons on the refuge, unless you are a licensed hunter or 
trapper engaged in authorized activities during

[[Page 35388]]

established seasons, in accordance with Federal, State, and local 
regulations. We prohibit target practice on the refuge (see Sec. Sec.  
27.42 and 27.43 of this chapter).
    3. In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit entry and upland game hunting at all times. In areas posted 
and shown on maps as ``No Entry--Sanctuary October 1 to end of state 
duck hunting season,'' we allow upland game hunting beginning the day 
after the respective State duck hunting season until upland game season 
closure or March 15, whichever comes first, except we allow spring 
turkey hunting during State seasons. We describe these areas more fully 
in Condition A2.
    4. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors,'' we allow upland game hunting beginning the day 
after the respective State duck hunting season until upland game season 
closure or March 15, whichever comes first, except we allow spring 
turkey hunting during State seasons. We ask that you practice voluntary 
avoidance of these areas by any means or for any purpose from October 
15 to the end of the respective State duck season. In areas also marked 
``Area Closed--No Motors,'' we prohibit the use of motors on watercraft 
from October 15 to the end of the respective State duck season. We 
describe these areas more fully in Condition A3.
    5. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit upland game hunting at all 
times. You must unload and encase firearms in these areas. We describe 
these areas more fully in Condition A4.
    6. We prohibit hunting of upland game within 50 yards (45 m) of the 
Great River Trail at Thomson Prairie, within 150 yards (135 m) of the 
Great River Trail at Mesquaki Lake, and within 400 yards (360 m) of the 
Potter's Marsh Managed Hunt area, all in or near Pool 13, Illinois.
    7. You may only use or possess approved nontoxic shot shells while 
in the field, including shot shells used for hunting wild turkey (see 
Sec.  32.2(k)).
    8. We prohibit the shining of a light to locate any animal on the 
refuge except at the point of kill for species specified in respective 
State night or artificial light hunting regulations (see Sec.  27.73 of 
this chapter). You may use lights to find your way. We prohibit the 
distribution of bait or feed, the hunting over bait or feed, and the 
use or possession of any drug on any arrow for bow hunting (see Sec.  
32.2(g) and (h)). You must comply with all other hunt method 
regulations of the respective State on the refuge.
    9. Conditions A6, A9, A10, and A12 through A17 apply.
    C. Big Game Hunting. We allow hunting of big game on areas of the 
refuge designated by the refuge manager and shown on maps available at 
refuge offices in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1 and B2 apply.
    2. In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit entry and big game hunting at all times. In areas posted and 
shown on maps as ``No Entry--Sanctuary October 1 to end of state duck 
hunting season,'' we allow big game hunting beginning the day after the 
respective State duck hunting season until big game season closure or 
March 15, whichever comes first. We describe these areas more fully in 
Condition A2.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors'' we allow big game hunting beginning the day after 
the respective State duck hunting season until big game season closure 
or March 15, whichever comes first. We ask that you practice voluntary 
avoidance of these areas by any means or for any purpose from October 
15 to the end of the respective State duck season. In areas also marked 
``Area Closed--No Motors,'' we prohibit the use of motors on watercraft 
from October 15 to the end of the respective State duck season. These 
areas are described more fully in Condition A3.
    4. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit big game hunting at all times. 
You must unload and encase firearms in these areas. We describe these 
areas more fully in Condition A4.
    5. We prohibit hunting of big game within 50 yards (45 m) of the 
Great River Trail at Thomson Prairie, within 150 yards (135 m) of the 
Great River Trail at Mesquaki Lake, and within 400 yards (360 m) of the 
Potter's Marsh Managed Hunt area, all in or near Pool 13, Illinois.
    6. Conditions A6, A9, A10, A12 through A17, and B7 apply.
    D. Sport Fishing. We allow fishing on areas of the refuge 
designated by the refuge manager and shown on refuge maps available at 
refuge offices in accordance with State regulations subject to the 
following conditions:
    1. In the Bertrom Island ``No Entry--Sanctuary'' area, Pool 11, 
Wisconsin we prohibit entry and fishing at all times.
    2. In the Spring Lake ``Area Closed'' area, Pool 13, Illinois, we 
prohibit fishing from October 1 until the day after the close of the 
State duck hunting season.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors,'' we allow fishing; however, we ask that you 
practice voluntary avoidance of these areas by any means or for any 
purpose from October 15 to the end of the respective State duck season. 
In areas also marked ``Area Closed--No Motors,'' we prohibit the use of 
motors on watercraft from October 15 to the end of the respective State 
duck season. We describe these areas more fully in Condition A3.
    4. On Mertes Slough, Pool 5, Wisconsin, we allow only hand-powered 
boats or boats with electric motors.
    5. For the purpose of determining length limits, slot limits, and 
daily creel limits, the impounded areas of Spring Lake, Duckfoot Marsh, 
and Pleasant Creek in Pool 13, Illinois, are part of the Mississippi 
River site-specific State regulations.
    6. Conditions A10, and A13 through A17 apply.
* * * * *
    5. Amend Sec.  32.69 Wisconsin by revising Upper Mississippi River 
National Wildlife and Fish Refuge to read as follows:


Sec.  32.69  Wisconsin.

* * * * *

Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec.  32.42 Minnesota for regulations.
* * * * *

    Dated: June 19, 2007.
David M. Verhey,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E7-12514 Filed 6-27-07; 8:45 am]
BILLING CODE 4310-55-P