[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Rules and Regulations]
[Pages 22254-22262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8972]



[[Page 22253]]

-----------------------------------------------------------------------

Part III





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



-----------------------------------------------------------------------



50 CFR Part 26



Public Access, Use, and Recreation Regulations for the Upper 
Mississippi River National Wildlife and Fish Refuge; Final Rule

  Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Rules 
and Regulations  

[[Page 22254]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 26

RIN 1018-AV43


Public Access, Use, and Recreation Regulations for the Upper 
Mississippi River National Wildlife and Fish Refuge

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are adopting 
new regulations for the Upper Mississippi River National Wildlife and 
Fish Refuge (refuge) to govern existing general public use and 
recreation. These changes will take effect in spring 2008 and will 
implement the recently completed comprehensive conservation plan (CCP) 
for the refuge. This regulation codifies many existing refuge 
regulations currently published in and by brochures, signs, maps, and 
other forms of public notice.

DATES: This rule is effective May 27, 2008.

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 continuous stretch of 261 miles of Mississippi River floodplain 
in Minnesota, Wisconsin, Iowa, and Illinois. Congress established the 
refuge in 1924 to provide a ``refuge and breeding place'' 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 it is the most visited refuge in 
the United States, with 3.7 million annual visitors.
    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 (January 17, 2006, 71 FR 2561).
    We offered public involvement through 46 public meetings and 
workshops attended by 4,500 persons in 14 different communities in 4 
States during the 4-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 (Administration Act), as amended by the National Wildlife 
Refuge System Improvement Act of 1997 (Improvement Act)] 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.
    In accordance with the recently completed CCP, on June 28, 2007, we 
published a proposed rule in the Federal Register (72 FR 35380) 
identifying amendments to the refuge-specific regulations for hunting 
and sport fishing on the refuge and invited 30 days of public comment. 
We published the final rule on September 7, 2007 (72 FR 51534).
    On October 17, 2007, we published a proposed rule (72 FR 58982) to 
amend the refuge-specific regulations governing existing general public 
use and recreation. We accepted public comments on the proposal for 60 
days, ending December 17, 2007. This final rule adopts, with certain 
changes described below, the amendments we proposed on October 17, 
2007.
    This final rule implements the goals, objectives, and strategies 
spelled out in the CCP pertaining to wildlife observation, photography, 
interpretation, environmental recreation, and other forms of 
recreation, access, and use such as boating and camping.
    This rule also codifies current refuge-specific regulations 
contained in brochures and signs and on maps, fine-tunes the language 
of same for clarity and ease of enforcement, and generally modernizes 
the regulations for consistency with the principles of sound fish, 
wildlife, and recreation management.
    Regulations stemming from the CCP include the establishment of 4 
new electric motor-only areas totaling 1,630 acres (1 such area of 222 
acres already exists) and 8 new seasonal slow, no-wake areas totaling 
9,370 acres. In electric motor-only areas, watercraft may only be 
powered by electric motors or nonmotorized means. In slow, no-wake 
areas from March 16 through October 31, watercraft must travel at slow, 
no-wake speed, and we prohibit airboats and hovercraft. These areas 
remain open to all forms of recreation, including hunting and fishing, 
and only the means of access changes to lessen wildlife and habitat 
disturbance and balance the needs of the estimated 3.7 million annual 
visitors to the refuge. Collectively, these areas account for 8 percent 
of the water area of the refuge, leaving 92 percent of the water area 
of the refuge open to watercraft without restriction.
    Other regulations stemming from the CCP include a ban of glass food 
and beverage containers on beach areas and other lands of the refuge; 
clarifying the definition and requirements for camping and campsite 
sanitation; clarifying rules for fire and firewood use; and clarifying 
rules for vehicles, firearms, and domestic animals on the refuge.
    The Administration Act authorizes the Secretary to allow uses of 
refuge areas, including wildlife-dependent and other recreation, 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.

[[Page 22255]]

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. We must also develop each CCP through 
consultation with the other States, agencies, and the public, and 
coordinate with applicable State conservation plans.
    Each CCP is guided by the overarching requirement that we manage 
refuges to fulfill the purposes for which they were established and to 
carry out the mission of the Refuge System. In addition, the 
Improvement Act requires that we administer the Refuge System 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 Improvement Act. This includes new 
compatibility determinations for interpretation, wildlife observation 
and photography, environmental education, beach-related uses, boating, 
camping, and other allowed recreation. We reference and list these 
compatibility determinations in Appendix E of the Final EIS. We then 
developed this rule to implement portions of the CCP.

Plain Language Mandate

    In this 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 (e.g., ``We allow 
camping on all lands and waters of the refuge'' rather than ``Camping 
is allowed on all lands and waters of the refuge'').

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, and the Refuge Recreation Act of 1962 (16 
U.S.C. 460k-460k-4) (Recreation Act) govern the administration and 
public use of refuges.
    This document codifies in the Code of Federal Regulations public 
use and recreation regulations that are applicable to the Upper 
Mississippi River National Wildlife and Fish Refuge. We are doing 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 26, 
visitors will find them reiterated in literature distributed by the 
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 these regulations marked by specific signs.
    This rule includes cross-references to a number of existing 
regulations in 50 CFR parts 26, 27, and 32 to assist visitors with 
understanding safety and other legal requirements on refuges. This 
redundancy is deliberate, with the intention of improving safety and 
compliance in our general public use and recreation programs.

Response to Public Comment

    In the October 17, 2007, Federal Register (72 FR 58982), we 
published a proposed rule for new regulations for the refuge and 
invited public comments. We reviewed and considered all comments 
received by December 17, 2007, the end of the 60-day comment period. We 
received 22 comments on the proposed rule. Since comments were often 
similar or commenters covered multiple topics, we have grouped many of 
the comments/responses by major issue area.
    Comment 1: A commenter was opposed to prohibiting the collection of 
shed deer antlers, saying that it was a wholesome outdoor pastime that 
posed no harm since most of the refuge was already open to walking.
    Response 1: We have changed the final rule to allow the collection 
of shed deer antlers based on this comment and internal discussions 
weighing the positives and negatives of this activity.
    Comment 2: A commenter wanted to clarify that it is not practical 
for a hovercraft to pass through a slow, no-wake zone at reduced speed 
since a wake is created with hovercraft at slower speeds.
    Response 2: We have noted this comment but did not change the rule 
as a result. Since hovercraft are prohibited from electric motor areas 
year-round and in slow, no-wake areas from March 16 through October 31, 
it is a moot point whether hovercraft do or do not create a wake at 
slow speed since their use is prohibited. In the linear, slow, no-wake 
zones, we apply the respective State definition for slow, no-wake 
operation, which in many States like Wisconsin, allows the speed 
necessary to maintain proper control and steerage. These definitions 
would also apply to hovercraft in these zones. Due to the small number 
of these zones and multiple river access points, we do not believe the 
zones will cause much inconvenience to hovercraft access and use.
    Comment 3: Several commenters expressed general opposition to the 
CCP for the refuge and thus opposition to the proposed rule.
    Response 3: We understand that many citizens remain opposed to 
changes reflected in the CCP. We made a concerted effort to keep 
citizens informed and to consider their comments and suggestions in 
crafting the CCP. We developed the CCP through extensive public 
involvement including 46 public meetings or workshops attended by 4,500 
citizens, and offered longer than normal comment periods on the Draft 
EIS and subsequent Supplement. However, we have an obligation to manage 
the refuge in accordance with the Refuge Administration Act and 
policies and regulations governing the Refuge System. These mandates 
require that we manage refuges to accomplish their established purposes 
and that recreation and use opportunities afforded the public are 
compatible with those purposes. The CCP was approved October 24, 2006, 
and we are now obligated to implement the plan in accordance with the 
Refuge Administration Act. The new rules implement portions of the CCP 
dealing with public access, use, and recreation, and ensure that these 
activities remain a safe and compatible use on the refuge. We made no 
change to the rule as a result of these comments.
    Comment 4: A commenter expressed support for the proposed rule and 
a commenter expressed support for the refined definitions regarding 
dogs, camping, beaching, boat mooring, campfires, and litter.
    Response 4: We have noted these comments but did not change the 
rule as a result.
    Comment 5: Several commenters were against restrictions to airboat 
or hovercraft use through the designation of slow, no-wake areas and 
electric motor areas. These commenters noted that the restriction was 
discriminatory toward certain watercraft users, most airboaters 
operated below 86 decibel noise level, airboats do little environmental 
damage, and the restriction would limit volunteer search and rescue 
efforts.
    Response 5: We thoroughly analyzed the effects of airboats and 
hovercraft and the establishment of electric motor areas and slow, no-
wake areas in this rule

[[Page 22256]]

against physical, biological, and socio-economic parameters in the EIS 
prepared as part of the CCP process. Watercraft speed and noise, even 
below 86 decibels, have been shown to be major wildlife disturbance 
factors in both off-refuge and on-refuge studies. We are establishing 
the electric motor areas and slow, no-wake areas to reduce disturbance 
in the backwater areas of the refuge which provide important nurseries 
for many fish, amphibian, and bird species. These area-specific 
regulations will also limit disturbance to persons who desire a slower 
and quieter hunting, fishing, and wildlife observation experience. As 
noted in the SUPPLEMENTARY INFORMATION section of this rule, there will 
remain ample area and opportunity for unrestricted airboat use. 
Collectively, these restricted areas account for 8 percent of the water 
area of the refuge, leaving 92 percent of the water area open to all 
watercraft without restriction. The electric motor areas and slow, no-
wake areas also remain open to all forms of recreation, including 
hunting and fishing. During bona fide emergency situations like search 
and rescue, common sense dictates that we would temporarily suspend 
restrictions for emergency workers and volunteers. We made no change to 
the rule as a result of these comments.
    Comment 6: A commenter reminded us that the Wisconsin Department of 
Natural Resources does not have the authority to enact or enforce rules 
on the Mississippi River that regulate the means of navigation and this 
authority rests with local municipalities. We were encouraged to work 
with local municipalities and the public in pursuing designation of the 
slow, no-wake areas and electric motor areas.
    Response 6: As noted in our response to Comment 5, we are 
establishing electric motor and slow, no-wake areas to protect 
sensitive backwater areas of the refuge and provide an alternative 
recreation experience. Throughout the EIS and CCP preparation process, 
we received comments and input from the public and local governments 
and responded with many changes to the electric motor and slow, no-wake 
area designations in the CCP. Although we continue to value input, we 
believe we would be abdicating our responsibility to manage the refuge 
in accordance with its establishing legislation, the Refuge 
Administration Act, and Refuge System policies and regulations if we 
did not carry out the actions approved in the CCP.
    We are, however, with respect to slow, no-wake zones (which are 
linear or corridor designations), coordinating with local units of 
government and seeking their concurrence before establishing them. 
These zones are designed to improve boating safety due to narrow 
channels or blind spots, or to reduce bank erosion. Our coordination 
with the local units of government on these zones is in keeping with 
the language in the CCP. We made no change to the rule based on this 
comment.
    Comment 7: A commenter suggested that the proposed rule be modified 
to include an exemption for State and federal agencies entering 
restricted areas for bona fide fish and wildlife management, 
monitoring, and enforcement activities.
    Response 7: These rules govern public access, use, and recreation 
and are not intended to apply to States or other agencies continuing to 
carry out their responsibilities for fish and wildlife management and 
enforcement. We do not believe that exemptions for States or other 
agencies are necessary or practicable from a rulemaking standpoint. 
However, the exemption is clearly articulated in the CCP on page 107, 
and says ``special designation regulations are general public use 
regulations and not intended to apply to state, federal, and local 
agencies engaged in bona fide fish and wildlife management, monitoring, 
and enforcement.'' We are obligated to manage the refuge consistent 
with language in the CCP. We made no change to the rule based on this 
comment.
    Comment 8: A commenter suggested that the prohibition of chainsaws 
on the refuge without a permit be clarified so it does not affect 
through-the-ice commercial fishing operations. It was suggested that 
the language be modified to prohibit chainsaws on any refuge ``lands.''
    Response 8: We have changed the final rule by removing the wording 
prohibiting the possession of chainsaws without a permit. We believe 
regulations dealing with the protection of plants and the cutting of 
campfire wood are adequate to protect refuge habitat.
    Comment 9: Several commenters contend that the refuge does not have 
the authority to restrict uses on navigable waters within the refuge. 
They contend the CCP and these proposed rules usurp Wisconsin authority 
on sovereign waters, violate Wisconsin's Public Trust Doctrine, and are 
a breach of Wisconsin's original conditioned consent to establishment 
of the refuge.
    Response 9: We received similar comments during preparation of the 
CCP. Neither the Wisconsin Department of Natural Resources' nor the 
Wisconsin Attorney General's comments included in the EIS said the 
Service has intruded or impinged on State authority. In particular, the 
Attorney General's comments on this issue did not say that the Service 
crossed a line that would constitute intrusion into State authority.
    As the Attorney General acknowledged in citing Wisconsin Supreme 
Court rulings, public rights on navigable waters are to be protected, 
but no public right is absolute and must be balanced with other public 
rights: ``* * * the court stated the kinds of factors that must be 
considered to determine whether the balance of public rights and 
interests has been sufficiently struck. They include whether public 
bodies will control the use of the area; whether the area will be 
devoted to public purposes and open to the public; whether the 
diminution of water area available to the public will be small when 
compared with the whole of the water body; whether no one of the public 
uses of the waterway will be destroyed or greatly impaired; and whether 
the disappointment of those members of the public who may desire to 
exercise particular public rights in the area is negligible when 
compared with the greater convenience to be afforded those members of 
the public who use the area.''
    The Attorney General's comments indicate that Wisconsin's Public 
Trust Doctrine embodies exactly the type of program we have been trying 
to develop, namely, balancing competing uses, acknowledging that no one 
public right is absolute. We also believe our proposal is in keeping 
with the Attorney General's urging that ``any such restrictions are 
reasonable and are not imposed to the exclusion of other key factors 
that affect the conservation of resources in the Refuge.'' We addressed 
the State's 1925 consent language in the EIS and CCP and developed our 
plan and regulations to meet those conditions. We continue to recognize 
and respect the various State and U.S. Army Corps of Engineers 
authorities while carrying out our responsibilities to manage a 
national wildlife refuge in accordance with the Refuge Administration 
Act. We made no change to the rule based on these comments.
    Comment 10: A commenter was concerned that the proposed rule 
violates the sovereignty of the State of Minnesota in regard to 
jurisdiction of State waters and the limits placed on navigation.
    Response 10: We do not claim authority to control general 
navigation on the Upper Mississippi River as this

[[Page 22257]]

is under the purview of the U.S. Army Corps of Engineers, U.S. Coast 
Guard, and various State agencies, and we continue to respect State 
authorities and sovereignty (see related Comment 9 and our response). 
We believe we do have the authority to control public entry and use on 
the refuge under the authorities cited in the Statutory Authority 
section of this rule. In summary, the United States owns the bed of the 
inundated areas of the refuge where we proposed restrictions and thus 
the Property Clause of the Constitution and laws that established the 
refuge and govern the administration of the Refuge System apply. These 
laws grant authority to control all entry and public use. However, we 
believe we have been diligent in balancing the public need to enjoy the 
refuge while safeguarding fish and wildlife resources and habitat. The 
CCP and this rule continue to ensure relatively free and open access. 
We believe this has been accomplished through controlling the means of 
navigation within the refuge on specific areas when necessary rather 
than controlling navigation itself. We made no change to the rule based 
on this comment.
    Comment 11: A commenter stated that the Service cannot lawfully 
establish regulations limiting navigation in the refuge without formal 
State of Wisconsin concurrence, and such concurrence has not been 
given.
    Response 11: We view the provisions of Wisconsin's original law 
granting consent for the establishment of the refuge seriously and have 
worked diligently to meet its conditions (see Comment 9 and response). 
Although there is no requirement of formal State consent for refuge 
management actions, such as this rule, we have approached these issues 
in an open manner and included the State at every stage of development 
of the CCP and subsequent rules. The State has had every opportunity to 
raise its own issues--which it did--and we responded by modifying the 
CCP in a number of ways including changes to waterfowl hunting closed 
areas, adding voluntary compliance provisions, changes to delineation 
of electric motor and slow, no-wake areas, safeguarding State access in 
restricted areas, and modifications to the number and scope of step-
down management plans. We understand that all States work with 
different constituent groups, legislative oversight, and rulemaking 
processes when compared to the refuge. Although we respect these 
differences, as well as the State's authority to adopt or not adopt 
similar State regulations, we cannot abdicate our responsibilities to 
manage the refuge in accordance with federal laws and Refuge System 
policies and regulations. We made no change to the rule based on this 
comment.
    Comment 12: Two commenters cited the 1928 court case U.S. v. 
2,271.29 Acres in regard to State and Federal authorities concerning 
navigation and these regulations.
    Response 12: We have reviewed this case and believe that these 
regulations do not conflict with any of the case's holdings. We believe 
our responses to Comments 9, 10, and 11 cover questions concerning 
jurisdiction and authority for these regulations.

Modifications From the Proposed Rule

    We are making three changes in this final rule as a result of 
public comment or further internal discussion. These changes are as 
follows:
    (1) In section (a)(5), we deleted the reference to shed deer 
antlers and changed the wording in section (a)(4) so that the 
collection of shed deer antlers for personal use is allowed;
    (2) In section (a)(6), we deleted the prohibition of chainsaws on 
the refuge; and
    (3) In section (c)(3), we changed the minimum camping distance from 
various recreation facilities from 100 feet (30 meters) to 200 feet (60 
meters).

Regulatory Planning and Review

    In accordance with the criteria in E.O. 12866, we assert 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 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 rule.
    The purpose of this rule is to implement public use and recreation 
regulations on the Upper Mississippi River National Wildlife and Fish 
Refuge beginning with the spring 2008 recreation season. These 
regulations are derived from and are consistent with the CCP approved 
October 24, 2006. We documented the environmental and socioeconomic 
impacts of the CCP in the Final EIS (available at http://www.fws.gov/midwest/planning/uppermiss).

Costs Incurred

    Costs incurred by this regulation include sign-posting, leaflet 
preparation and printing to provide information to the public, law 
enforcement, and monitoring. However, these are regular and recurring 
functions on the refuge with or without these regulations, and we can 
handle these functions 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 regulations will have several effects on wildlife 
observation, recreational boating, camping, and other beach-related 
uses such as swimming, picnicking, and sunbathing. These public uses 
account for the most annual refuge visits (1.67 million) outside of 
hunting and fishing. All of these uses will continue, although in some 
areas the means of use will change to balance the needs of a diverse 
public who enjoys the refuge in various ways, to safeguard visitors, 
and to safeguard sensitive fish and wildlife habitat.
    The following projections and estimations of use levels and 
economic benefit for wildlife observation, boating, camping, and beach-
related uses are based on projected trends over the 15-year span of the 
CCP. While it is not possible to quantify increases in these activities 
that result from this rule per se, we expect the rule to contribute to 
these trends by improving conditions for these activities in certain 
areas.
    We estimate that wildlife observation visits will increase 20 
percent over the 15-year life of the CCP due to overall long-term 
trends in wildlife observation visits, habitat improvements, access 
improvements, and a marked increase in wildlife observation-related 
facilities outlined in the CCP. We predict these regulations will have 
no effect on the positive economic impact as reflected in Table 1 
below.
    Table 1 shows the expected annual change by the end of the 15-year 
life of the CCP compared with FY 2003 for the 19-county area on and 
adjacent to the refuge. We expect annual wildlife observation 
visitation to increase by 20 percent, resulting in 61,403 more wildlife 
observation visits. Retail expenditures associated with this increased 
visitation total $812,658, with total economic output (based on an 
output multiplier of 1.23 for the 19-county region impacted by the 
refuge) of $993,723. An additional 14 jobs with associated income of 
$214,297 would occur, along with an additional $104,531 in Federal and 
State tax revenue.

[[Page 22258]]



Table 1.--Annual Economic Impacts of CCP Implementation Compared With FY
               2003 Impacts: Wildlife Observation Visitors
                             [2003 dollars]
------------------------------------------------------------------------
                                                          Annual change
                                                          (from FY 2003
                Impacts                     FY 2003     for 15-year span
                                                             of CCP)
------------------------------------------------------------------------
 Wildlife Observation Visitors........         307,013           +61,403
 Expenditures.........................      $4,063,292         +$812,658
 Economic Output......................      $4,968,614         +$993,723
 Jobs.................................              68               +14
 Job Income...........................      $1,071,484         +$214,297
 Federal and State Taxes..............        $522,657         +$104,531
------------------------------------------------------------------------

    These regulations will have several effects on current boating 
opportunities on the refuge. Approximately 140,000 acres of water will 
remain open to boating, but 1,852 acres of backwater areas will be 
designated electric motor only and another 9,370 acres will be 
designated seasonal (March 16 through October 31) slow, no-wake areas 
where boaters must travel at slow, no-wake speed, and we will prohibit 
airboats and hovercraft. Collectively, these areas account for 8 
percent of the water area of the refuge. These areas remain open to all 
allowed uses.
    These regulations will have little effect on camping and other 
beach-related use levels, since the areas open will remain virtually 
unchanged. These regulations could, however, improve the quality of the 
experience by clarifying and fine-tuning existing regulations on 
camping, boat mooring, reserving sites, length of stay, campfires, 
sanitation, and other aspects of the use which can cause conflicts 
among visitors. Also, a regulation banning the possession of glass food 
and beverage containers on beaches and other lands will improve visitor 
safety.
    We expect annual visits for boating, camping, and beach-related 
activities to remain about the same, although we expect visits for 
silent watercraft recreation (canoes and kayaks) to increase an 
estimated 15 percent due to the electric motor areas and slow, no-wake 
areas. We predict a corresponding modest positive change in economic 
impact as reflected in Table 2.
    Table 2 shows the expected annual change by the end of the 15-year 
CCP lifespan compared with FY 2003 in the 19-county area. We expect the 
annual number of boating, camping, and beach-related use visitors to 
increase by 2,044, with associated retail expenditures of $52,010 and 
total economic output of $63,400. We associate these expenditures and 
output with 1 job and $213,567 in job-related income. Federal and State 
tax revenue would increase by $6,838.

Table 2.--Annual Economic Impacts of CCP Implementation Compared With FY
2003 Impacts: Recreational Boating, Camping, and Other Beach-Related Use
                                Visitors
                             [2003 dollars]
------------------------------------------------------------------------
                                                          Annual change
                                                          (from FY 2003
                Impacts                     FY 2003     for 15-year span
                                                             of CCP)
------------------------------------------------------------------------
Boating, Camping, and Other Beach Use        1,362,851            +2,044
 Visitors.............................
Expenditures..........................     $34,673,216          +$52,010
Economic Output.......................     $42,266,199          +$63,400
Jobs..................................             535                +1
Job Income............................      $9,044,582         +$213,567
Federal and State Taxes...............      $4,558,847           +$6,838
------------------------------------------------------------------------

    b. This rule will not create inconsistencies with other agencies' 
actions. This action pertains solely to the management of the Refuge 
System. The wildlife observation, boating, camping, and other general 
recreation activities located on the Upper Mississippi River National 
Wildlife and Fish Refuge account for less than 1 percent of the 
available supply in the United States. Any small, incremental change in 
the supply of recreational opportunities will not measurably impact any 
other agencies' existing programs.
    c. This rule will not materially affect entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients. 
This 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 rule will not raise novel legal or policy issues that were 
not addressed in the Final EIS. This 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 engage in 
interpretation, wildlife observation, and other wildlife-dependent 
uses, and also allow regulated boating, camping, and other general 
recreation.

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

[[Page 22259]]

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 rule does not decrease the number of recreation types allowed 
on the refuge but amends current noncodified regulations on the refuge. 
As a result, opportunities for wildlife observation, boating, camping, 
and other general recreation on the refuge will remain abundant and 
increase over time.
    Many small businesses within the retail trade industry (such as 
hotels, gas stations, outdoor sports 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 $865,000 annually in total in the refuges' local 
economies. As shown in Table 3, this represents less than 0.001 percent 
of the total amount of retail expenditures in the 19-county area. For 
comparison purposes, we show the county with the smallest retail 
expenditure total, Buffalo County in Wisconsin. If the entire retail 
trade expenditures associated with the 2008 public use and recreation 
regulations occurred in Buffalo County, this would amount to a 1.48 
percent increase in annual retail expenditures.

    Table 3.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation From CCP
                                                 Implementation
----------------------------------------------------------------------------------------------------------------
                                                   Change during
                                                        CCP          Change as     Total number   Establishments
                                Retail trade in   implementation    percent of       of retail      with fewer
                                      2002         (15-year span   total retail   establishments      than 10
                                                      of CCP)          trade                         employees
----------------------------------------------------------------------------------------------------------------
19 County Area...............  $9.8 billion.....        $864,668          0.0097          24,878          17,957
Buffalo County, WI...........  58.3 million.....         864,668            1.48             350             290
----------------------------------------------------------------------------------------------------------------

    Therefore, we certify that this rule will not have a significant 
economic impact on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    This 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. Will not have an annual effect on the economy of $100 million or 
more. By the end of the 15-year CCP lifespan, the additional 
recreational opportunities on the refuge are expected to generate an 
additional $865,000 in visitor expenditures with an economic impact 
estimated at $1.06 million per year (2003 dollars). Consequently, the 
maximum benefit of this rule for businesses both small and large will 
not be sufficient to make this a major rule. The impact will be 
scattered across 19 counties and will 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. We do not expect this rule to affect 
the supply or demand for wildlife observation, boating, camping, and 
other general recreation opportunities in the United States and, 
therefore, it should not affect prices for related recreation equipment 
and supplies, or the retailers that sell equipment. Additional refuge 
recreation opportunities could account for a virtually undetectable 
percent of the available opportunities in the United States.
    c. Will 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 
rule represents only a small proportion of recreational spending of a 
small number of affected wildlife observers, boaters, campers, and 
other recreationists, approximately a maximum of $1.06 million annually 
in impact (economic output). Therefore, this rule will have no 
measurable economic effect on the wildlife-dependent boating and 
camping industries, which have annual sales of equipment and travel 
expenditures of over $120 billion nationwide in 2006.

Unfunded Mandates Reform Act

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

Takings (E.O. 12630)

    In accordance with E.O. 12630, this rule will not have significant 
takings implications. This regulation affects only visitors to the 
refuge and describes 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 rule will 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 rule 
reflects the CCP.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this 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. This rule clarifies and codifies established regulations and 
results in better understanding of the regulations by refuge visitors.

[[Page 22260]]

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 rule is a modification of 
existing public use and recreation programs 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 public use and recreation changes reflected in this rule, is 
not likely to adversely affect 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 pearly mussel and candidate 
species are the Eastern massasauga and spectaclecase and sheepnose 
mussels. You may obtain a copy of the section 7 evaluation and 
accompanying biological assessment by writing: Refuge Manager, Upper 
Mississippi River National Fish and Wildlife Refuge, 51 East Fourth 
Street, Room 101, Winona, MN 55987.

National Environmental Policy Act (NEPA)

    Concerning the actions that are the subject of this rulemaking, we 
have complied with NEPA through the preparation of a Final EIS and 
Record of Decision which include the major public use and recreation 
changes reflected in this 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 navigation 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 
particular electric motor area; slow, no-wake area; or other feature 
discussed in this 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 26

    Recreation and recreation areas, Wildlife refuges.


0
For the reasons set forth in the preamble, we amend title 50, Chapter 
I, subchapter C of the Code of Federal Regulations as follows:

PART 26--[AMENDED]

0
1. Revise the authority citation for part 26 to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 
715i; Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 
955).

0
2. Revise the heading, add introductory text, and alphabetically add 
lists for the States of Illinois, Iowa, Minnesota, and Wisconsin to 
Sec.  26.34 to read as follows:


Sec.  26.34  What are the special regulations concerning public access, 
use, and recreation for individual national wildlife refuges?

    The following refuge units, listed in alphabetical order by State 
and unit name, have refuge-specific regulations for public access, use, 
and recreation.

Illinois

Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec.  26.34 Minnesota for regulations.

Iowa

Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec.  26.34 Minnesota for regulations.

Minnesota

Upper Mississippi River National Wildlife and Fish Refuge

    (a) Wildlife Observation, Photography, Interpretation, 
Environmental Education, and other General Recreational Uses. We allow 
wildlife-dependent uses and other recreational uses such as, but not 
limited to, sightseeing, hiking, bicycling on roads or trails, 
picnicking, and swimming, on areas designated by the refuge manager and 
shown on maps available at refuge offices, subject to the following 
conditions:
    (1) In areas posted and shown on maps as ``No Entry--Sanctuary,'' 
we prohibit entry as specified on signs or maps (see Sec.  32.42 of 
this chapter for list of areas and locations).
    (2) In areas posted and shown on maps as ``Area Closed,'' ``Area 
Closed--No Motors,'' and ``No Hunting Zone'' (Goose Island), 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 
hunting season. In areas marked ``no motors,'' we prohibit the use of 
motors on watercraft from October 15 to the end of the respective State 
duck hunting season (see Sec.  32.42

[[Page 22261]]

of this chapter for list of areas and locations).
    (3) Commercial tours and filming require a permit issued by the 
refuge or district manager (see Sec.  27.51 of this chapter).
    (4) We allow the collecting of edible fruits, nuts, mushrooms, or 
other plant parts for personal use (no sale or barter allowed). We 
limit the amount you may collect to 2 gallons by volume per person, per 
day (see Sec.  27.51 of this chapter). We also allow the collecting of 
shed deer antlers for personal use.
    (5) We prohibit the harvest of wild rice; plant and animal 
specimens; and other natural objects, such as rocks, stones, or 
minerals. We only allow the collection of plants or their parts for 
ornamental use by permit issued by the refuge or district manager (see 
Sec.  27.51 of this chapter).
    (6) We prohibit the cutting, removal, or damage of any tree or 
vegetation on the refuge without a permit from the refuge or district 
manager. We prohibit attaching nails, screws, or other hardware to any 
tree (see Sec.  27.51 and Sec.  32.42 of this chapter).
    (7) We prohibit all vehicle use on or across refuge lands at any 
time except on designated routes of travel or on the ice over navigable 
waters accessed from boat landings. We prohibit parking beyond vehicle 
control barriers or on grass or other vegetation. We prohibit parking 
or operating vehicles in a manner that obstructs or impedes any road, 
trail, fire lane, boat ramp, access gate, or other facility, or in a 
manner that creates a safety hazard or endangers any person, property, 
or environmental feature. We may impound any vehicle left parked in 
violation at the owner's expense (see Sec.  27.31(h) of this chapter).
    (8) We allow dogs and other domestic animals on the refuge subject 
to the following conditions:
    (i) We prohibit dogs disturbing or endangering wildlife or people 
while on the refuge.
    (ii) While on the refuge, all dogs 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) We encourage the use of dogs for hunting (see Sec.  32.42 of 
this chapter), but we prohibit field trials and commercial/professional 
dog training.
    (vii) Owners/handlers of dogs are responsible for disposal of dog 
droppings in refuge public use concentration areas such as trails, 
sandbars, and boat landings.
    (viii) We prohibit horses and all other domestic animals on the 
refuge unless confined in a vehicle, boat, trailer, kennel or other 
container (see Sec.  26.21 of this chapter).
    (9) 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 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).
    (10) We prohibit the use or possession of glass food and beverage 
containers on lands within the refuge.
    (11) 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 require that human solid waste and associated material be 
either removed and properly disposed of off-refuge or be buried on site 
to a depth of 6-8 inches (15-20 cm) and at least 50 feet (15 m) from 
water's edge (see Sec.  27.94 of this chapter).
    (b) Watercraft Use. We allow the use of watercraft of all types and 
means of propulsion on all navigable waters of the refuge in accordance 
with State regulations subject to the following conditions:
    (1) In areas posted and shown on maps as ``Electric Motor Area,'' 
we prohibit motorized vehicles and watercraft year-round except 
watercraft powered by electric motors or nonmotorized means. We do not 
prohibit the possession of other watercraft motors in these areas, only 
their use. These areas are named and located as follows:
    (i) Island 42, Pool 5, Minnesota, 459 acres.
    (ii) Snyder Lake, Pool 5A, Minnesota, 182 acres.
    (iii) Mertes Slough, Pool 6, Wisconsin, 222 acres.
    (iv) Browns Marsh, Pool 7, Wisconsin, 827 acres.
    (v) Hoosier Lake, Pool 10, Wisconsin, 162 acres.
    (2) In areas posted and shown on maps as ``Slow No Wake Area,'' we 
require watercraft to travel at slow, no-wake speed from March 16 
through October 31. We apply the applicable State definition of slow, 
no-wake operation in these areas. We also prohibit the operation of 
airboats or hovercraft in these areas from March 16 through October 31. 
These areas are named and located as follows:
    (i) Nelson-Trevino, Pool 4, Wisconsin, 2,626 acres (takes effect 
March 16, 2009).
    (ii) Denzers Slough, Pool 5A, Minnesota, 83 acres.
    (iii) Black River Bottoms, Pool 7, Wisconsin, 815 acres.
    (iv) Blue/Target Lake, Pool 8, Minnesota, 1,834 acres.
    (v) Root River, Pool 8, Minnesota, 695 acres.
    (vi) Reno Bottoms, Pool 9, Minnesota, 2,536 acres.
    (vii) Nine Mile Island, Pool 12, Iowa, 454 acres.
    (viii) Princeton, Pool 14, Iowa, 327 acres.
    (3) In water access and travel routes posted and shown on maps as 
``Slow No Wake Zone,'' we require watercraft to travel at slow, no-wake 
speed at all times unless otherwise posted. We apply the respective 
State definition of slow, no-wake operation in these areas.
    (4) In portions of Spring Lake and Crooked Slough--Lost Mound, Pool 
13, Illinois, posted as ``Slow, 5 mph When Boats Present'' and marked 
on maps as ``Speed/Distance Regulation,'' we require watercraft 
operators to reduce the speed of their watercraft to less than 5 mph (8 
kph) when within 100 feet (30 m) of another watercraft that is anchored 
or underway at 5 mph (8 kph) or less.
    (5) We prohibit the mooring, beaching, or storing of watercraft on 
the refuge without being used at least once every 24 hours. We define 
``being used'' as a watercraft moved at least 100 feet (30 m) on the 
water with operator on board. We prohibit the mooring of watercraft 
within 200 feet (60 m) of refuge boat landings or ramps. We may impound 
any watercraft moored in violation at the owner's expense (see Sec.  
27.32 of this chapter).
    (6) Conditions A1, A2, and A11 apply.
    (c) Camping. We allow camping on all lands and waters of the refuge 
as designated by the refuge manager and shown on maps available at 
refuge offices subject to the following conditions:
    (1) 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

[[Page 22262]]

anytime between the hours of 11 p.m. and 3 a.m.
    (2) We prohibit camping at any one site for a period longer than 14 
days during any 30-consecutive-day period. After 14 days, you must move 
all persons, property, equipment, and boats to a new site located at 
least 0.5 mile (0.8 km) from the previous site.
    (3) We prohibit camping within 200 feet (60 meters) of any refuge 
boat landing, access area, parking lot, structure, road, trail, or 
other recreation or management facility.
    (4) 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 (see Sec.  32.42 of this chapter).
    (5) You must occupy campsites daily. We prohibit the leaving of 
tents, camping equipment, or other property unattended at any site for 
over 24 hours, and we may impound any equipment left in violation at 
the owner's expense. We define occupy and attended as being present at 
a site for a minimum of 2 hours daily.
    (6) You must remove any tables, fireplaces, or other facilities 
erected upon vacating a camping or day-use site.
    (7) We allow campfires in conjunction with camping and day-use 
activities subject to the following conditions (see Sec.  27.95 and 
Sec.  32.42 of this chapter):
    (i) You may only use dead wood on the ground, or materials brought 
into the refuge such as charcoal or firewood. You must remove any 
unused firewood brought into the refuge upon departure due to the 
threat of invasive insects.
    (ii) We prohibit building, attending, and maintaining a campfire 
without sufficient clearance from flammable materials so as to prevent 
its escape.
    (iii) We prohibit building a fire at any developed facility 
including, but not limited to, boat landings, access areas, parking 
lots, roads, trails, or any other recreation or management facility or 
structure.
    (iv) We prohibit burying live fires or hot coals when vacating a 
campfire site.
    (v) We prohibit burning or attempting to burn any nonflammable 
materials or any materials that may produce toxic fumes or leave 
hazardous waste. These materials include, but are not limited to, metal 
cans, plastic containers, glass, fiberglass, treated wood products, 
wood containing nails or staples, wire, flotation materials, or other 
refuse.
    (8) Conditions A4 through A11 apply.
* * * * *

Wisconsin

Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec.  26.34 Minnesota for regulations.

    Dated: March 25, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E8-8972 Filed 4-23-08; 8:45 am]
BILLING CODE 4310-55-P