[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Proposed Rules]
[Pages 33202-33210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12193]



[[Page 33201]]

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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 32



2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations 
(Additions); Proposed Rule

  Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / 
Proposed Rules  

[[Page 33202]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

[FWS-R9-WSR-2008-0017; 93270-1265-0000-4A]
RIN 1018-AV20


2008-2009 Refuge-Specific Hunting and Sport Fishing Regulations 
(Additions)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to add one refuge to 
the list of areas open for hunting and/or sport fishing programs and 
increase the activities available at six other refuges for the 2008-
2009 season.

DATES: Your comments must be postmarked on or before July 11, 2008.

ADDRESSES: You may submit comments by one of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] U.S. mail or hand delivery: Public Comments Processing, Attn: 
RIN 1018-AV20; Division of Policy and Directives Management; U.S. Fish 
and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 
22203.

    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information). For information on specific refuges' 
public use programs and the conditions that apply to them or for copies 
of compatibility determinations for any refuge(s), contact individual 
programs at the addresses/phone numbers given in ``Available 
Information for Specific Refuges'' under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Leslie A. Marler, Management Analyst, 
Division of Conservation Planning and Policy, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Suite 670, Arlington, VA 22203; (703) 
358-2397; Fax (703) 358-2248.

SUPPLEMENTARY INFORMATION: The National Wildlife Refuge System 
Administration Act of 1966 closes national wildlife refuges in all 
States except Alaska to all uses until opened. The Secretary of the 
Interior (Secretary) may open refuge areas to any use, including 
hunting and/or sport fishing, upon a determination that such uses are 
compatible with the purposes of the refuge and National Wildlife Refuge 
System (Refuge System or our/we) mission. The action also must be in 
accordance with provisions of all laws applicable to the areas, 
developed in coordination with the appropriate State fish and wildlife 
agency(ies), consistent with the principles of sound fish and wildlife 
management and administration, and otherwise in the public interest. 
These requirements ensure that we maintain the biological integrity, 
diversity, and environmental health of the Refuge System for the 
benefit of present and future generations of Americans.
    We review refuge hunting and sport fishing programs to determine 
whether to include additional refuges or whether individual refuge 
regulations governing existing programs need modifications. Changing 
environmental conditions, State and Federal regulations, and other 
factors affecting fish and wildlife populations and habitat may warrant 
modifications to refuge-specific regulations to ensure the continued 
compatibility of hunting and sport fishing programs and to ensure that 
these programs will not materially interfere with or detract from the 
fulfillment of refuge purposes or the Refuge System's mission.
    Provisions governing hunting and sport fishing on refuges are in 
title 50 of the Code of Federal Regulations in part 32 (50 CFR part 
32). We regulate hunting and sport fishing on refuges to:
     Ensure compatibility with refuge purpose(s);
     Properly manage the fish and wildlife resource(s);
     Protect other refuge values;
     Ensure refuge visitor safety; and
     Provide opportunities for quality fish and wildlife-
dependent recreation.
    On many refuges where we decide to allow hunting and sport fishing, 
our general policy of adopting regulations identical to State hunting 
and sport fishing regulations is adequate in meeting these objectives. 
On other refuges, we must supplement State regulations with more-
restrictive Federal regulations to ensure that we meet our management 
responsibilities, as outlined in the ``Statutory Authority'' section. 
We issue refuge-specific hunting and sport fishing regulations when we 
open wildlife refuges to migratory game bird hunting, upland game 
hunting, big game hunting, or sport fishing. These regulations list the 
wildlife species that you may hunt or fish, along with seasons, bag or 
creel limits, methods of hunting or sport fishing, descriptions of 
areas open to hunting or sport fishing, and other provisions as 
appropriate. You may find previously issued refuge-specific regulations 
for hunting and sport fishing in 50 CFR part 32. In this rulemaking, we 
are also proposing to standardize and clarify the language of existing 
regulations.

Plain Language Mandate

    In this proposed rule, we made some of the revisions to the 
individual refuge units to comply with a Presidential mandate to use 
plain language in regulations; as such, these particular revisions do 
not modify the substance of the previous regulations. These types of 
changes include using ``you'' to refer to the reader and ``we'' to 
refer to the Refuge System, using the word ``allow'' instead of 
``permit'' when we do not require the use of a permit for an activity, 
and using active voice (i.e., ``We restrict entry into the refuge'' vs. 
``Entry into the refuge is restricted''.)

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 1997 [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.
    Amendments enacted by the Improvement Act built upon the 
Administration Act in a manner that provides an ``organic act'' for the 
Refuge System similar to those that exist for other public Federal 
lands. The Improvement Act serves to ensure that we effectively manage 
the Refuge System as a national network of lands, waters, and interests 
for the protection and conservation of our Nation's wildlife resources. 
The Administration Act states first and foremost that we focus our 
Refuge System mission on conservation of fish, wildlife, and plant 
resources and their habitats. The Improvement Act requires the 
Secretary, before allowing a new use of a refuge, or before expanding, 
renewing, or extending an existing use of a refuge, to determine that 
the use is compatible with the mission for which the refuge was 
established. The Improvement Act established as the policy of the 
United States that wildlife-dependent recreation, when compatible, is a 
legitimate and appropriate public use of the Refuge System, through 
which the American public can develop an appreciation for fish and 
wildlife. The Improvement Act established six wildlife-dependent 
recreational uses,

[[Page 33203]]

when compatible, as the priority general public uses of the Refuge 
System. These uses are: Hunting, fishing, wildlife observation and 
photography, and environmental education and interpretation.
    The Recreation Act authorizes the Secretary to administer areas 
within the Refuge System for public recreation as an appropriate 
incidental or secondary use only to the extent that doing so is 
practicable and not inconsistent with the primary purpose(s) for which 
Congress and the Service established the areas. The Recreation Act 
requires that any recreational use of refuge lands be compatible with 
the primary purpose(s) for which we established the refuge and not 
inconsistent with other previously authorized operations.
    The Administration Act and Recreation Act also authorize the 
Secretary to issue regulations to carry out the purposes of the Acts 
and regulate uses.
    We develop specific management plans for each refuge prior to 
opening it to hunting or sport fishing. In many cases, we develop 
refuge-specific regulations to ensure the compatibility of the programs 
with the purpose(s) for which we established the refuge and the Refuge 
System mission. We ensure initial compliance with the Administration 
Act and the Recreation Act for hunting and sport fishing on newly 
acquired refuges through an interim determination of compatibility made 
at or near the time of acquisition. These regulations ensure that we 
make the determinations required by these acts prior to adding refuges 
to the lists of areas open to hunting and sport fishing in 50 CFR part 
32. We ensure continued compliance by the development of comprehensive 
conservation plans, specific plans, and by annual review of hunting and 
sport fishing programs and regulations.

New Hunting and Sport Fishing Programs

    In preparation for new openings, we prepare and approve, at the 
appropriate Regional Office and in Washington, documentation of 
National Environmental Policy Act (NEPA) and the Endangered Species 
Act; and we consult with the State and, where appropriate, Tribal 
wildlife management agency. The Regional Director(s) certify that the 
opening of these refuges to hunting and/or sport fishing has been found 
to be compatible with the purpose(s) for which the respective refuge(s) 
were established and the Refuge System mission. Copies of the 
compatibility determinations for these respective refuges are available 
by request to the Regional office noted under the heading ``Available 
Information for Specific Refuges.''
    The annotated chart below summarizes our proposed changes. The key 
below the chart explains the symbols used:

                                 Table 1.--Changes for 2008-2009 Hunting/Fishing
----------------------------------------------------------------------------------------------------------------
                                               Migratory bird       Upland
   National wildlife refuge        State           hunting         hunting     Big game hunting      Fishing
----------------------------------------------------------------------------------------------------------------
Agassiz......................  MN...........  B...............  B............  Previously
                                                                                published.
Hamden Slough................  MN...........  A...............  .............  A...............
Blackwater...................  MD...........  B...............  B............  Previously        Previously
                                                                                published.        published.
Whittlesey Creek.............  WI...........  Previously        .............  B...............
                                               published.
Tensas River.................  LA...........  D...............  D............  D...............  Previously
                                                                                                  published.
Upper Ouachita...............  LA...........  D...............  D............  C/D.............  D.
----------------------------------------------------------------------------------------------------------------
A = Refuge added and activities opened.
B = Refuge already listed; added hunt category.
C = Refuge already listed; added species to hunt category.
D = Refuge already listed and opened to this activity; added land.

    We are adding one refuge to the list of areas open for hunting and/
or sport fishing and increasing opportunities at six refuges. We 
proposed these same changes in the 2006-2007 refuge-specific 
regulations (71 FR 41864, July 24, 2006) but did not finalize them. We 
are reproposing these changes with this rulemaking. We have made 
significant changes to the analysis of impacts under the requirements 
of the National Environmental Policy Act (NEPA) to address inadequacies 
in our ``opening'' process found by Judge Ricardo Urbina in his ruling 
in The Fund for Animals v. Dale Hall, 448 F. Supp. 2d.127, August 31, 
2006. We believe that our new NEPA analysis satisfies our legal 
requirements. Due to the delays experienced because of the lawsuit, no 
rulemakings were published for the 2007-2008 season.
    Bayou Cocodrie National Wildlife Refuge in the State of Louisiana 
added new lands available to all existing opportunities, but this did 
not result in any regulatory changes.
    We are removing Stillwater Wildlife Management Area in the State of 
Nevada from the list of refuges in 50 CFR part 32. The Bureau of 
Reclamation holds primary jurisdiction over these lands by virtue of a 
public lands withdrawal for drainage for the 1902 Newlands Reclamation 
Project. The 1948 Tripartie Agreement with the Service, Nevada Board of 
Fish and Game Commissioners (Nevada), and the Truckee-Carson Irrigation 
District (Truckee-Carson) expired and has not been renewed.
    We have cross-referenced a number of existing regulations in 50 CFR 
parts 26, 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/ost/fish/.

Request for Comments

    You may comment and send materials on this proposed rule by any one 
of the methods listed in the ADDRESSES section. We will not accept 
comments sent by e-mail or fax or to an address not listed in the 
ADDRESSES section. We will not accept anonymous comments; your comment 
must include your first and last name, city, State, country, and postal 
(zip) code. Finally, we will not consider hand-delivered comments that 
we do not receive, or mailed comments that are not postmarked, by the 
date specified in the DATES section.

[[Page 33204]]

    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in addition to the required items 
specified in the previous paragraph, such as your street address, phone 
number, or e-mail address, you may request at the top of your document 
that we withhold this information from public review. However, we 
cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service; 4401 N. Fairfax Drive, Suite 670; Arlington, Virginia 
22203; (703) 358-2397.

Public Comment

    Department of the Interior policy is, whenever practicable, to 
afford the public a meaningful opportunity to participate in the 
rulemaking process. The process of opening refuges is done in stages, 
with the fundamental work being performed on the ground at the refuge 
and in the community where the program is administered. In these 
stages, the public is given other opportunities to comment, for 
example, on the comprehensive conservation plans, compatibility 
determinations, and environmental assessments. The second stage is this 
document, when we publish the proposed rule in the Federal Register for 
additional comment, commonly a 30-day comment period.
    We make every attempt to collect all of the proposals from the 
refuges nationwide and process them expeditiously to maximize the time 
available for public review. We believe that a 30-day comment period, 
through the broader publication following the earlier public 
involvement, gives the public sufficient time to comment and allows us 
to establish hunting and fishing programs in time for the upcoming 
seasons. Many of these rules also relieve restrictions and allow the 
public to participate in recreational activities on a number of 
refuges. In addition, in order to continue to provide for previously 
authorized hunting opportunities while at the same time providing for 
adequate resource protection, we must be timely in providing 
modifications to certain hunting programs on some refuges.
    We considered providing a 60-day, rather than a 30-day, comment 
period. However, we feel, in conjunction with previous comment periods 
on other aspects of this process (comprehensive conservation plans, 
compatibility determinations, environmental assessments) that 30 days 
is adequate for public comment. Any additional delay would hinder the 
effective planning and administration of our hunting and fishing 
programs.
    Even after issuance of a final rule, we accept comments, 
suggestions, and concerns for consideration for any appropriate 
subsequent rulemaking.
    When finalized, we will incorporate these regulations into 50 CFR 
part 32. Part 32 contains general provisions and refuge-specific 
regulations for hunting and sport fishing on refuges.

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

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant and has not reviewed this rule under Executive 
Order 12866 (E.O. 12866). OMB bases its determination on the following 
four criteria:
    (a) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (b) Whether the rule will create inconsistencies with other Federal 
agencies' actions.
    (c) Whether the rule will materially affect entitlements, grants, 
use fees, loan programs, or the rights and obligations of their 
recipients.
    (d) Whether the rule raises novel legal or policy issues.

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 System but establishes a hunting program on one refuge 
and expands activities at six other refuges. As a result, opportunities 
for wildlife-dependent recreation on national wildlife refuges will 
increase. The changes in the number of allowed use(s) are likely to 
increase visitor activity on these national wildlife refuges. 
Recreational user days are expected to increase by 475 fishing days and 
8,352 hunting days. However, this is likely to be a substitute site for 
the activity and not necessarily an overall increase in participation 
rates for the activity.
    New recreational user days generate expenditures associated with 
recreational activities on refuges' wilderness areas. Due to the 
unavailability of site-specific expenditure data, we use the national 
estimates from the 2001 National Survey of Fishing, Hunting, and 
Wildlife Associated Recreation to identify expenditures for food and 
lodging, transportation, and other incidental expenses. Using the 
average expenditures for these categories with the maximum expected 
additional participation on the Refuge System yields approximately 
$68,700 in fishing-

[[Page 33205]]

related expenditures and $831,300 in hunting-related expenditures.
    By having ripple effects throughout the economy, these direct 
expenditures are only part of the economic impact of recreational user 
days. Using a national impact multiplier for hunting activities (2.73) 
derived from the report ``Economic Importance of Hunting in America'' 
and a national impact multiplier for sportfishing activities (2.79) 
from the report ``Sportfishing in America'' for the estimated increase 
in direct expenditures yields a total economic impact of approximately 
$2.4 million (2006 dollars) (Southwick Associates, Inc., 2003). (Using 
a local impact multiplier would yield more accurate and smaller 
results. However, we employed the national impact multiplier due to the 
difficulty in developing local multipliers for each specific region.)
    Since most of the fishing and hunting occurs within 100 miles of a 
participant's residence, it is unlikely that most of this spending 
would be ``new'' money coming into a local economy; therefore, this 
spending would be offset with a decrease in some other sector of the 
local economy. The net gain to the local economies would be no more 
than $2.5 million, and most likely considerably less. Since 80 percent 
of the participants travel fewer than 100 miles to engage in hunting 
and fishing activities, their spending patterns would not add new money 
into the local economy and, therefore, the real impact would be on the 
order of $488,000 annually.
    To the extent visitors spend time and money in the area of the 
refuge that they would not have spent there anyway, they contribute new 
income to the regional economy and benefit local businesses. Many small 
businesses within the retail trade industry (such as hotels, gas 
stations, taxidermy shops, bait and tackle shops) 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 2).
    We expect that the incremental recreational opportunities will be 
scattered, and so we do not expect that the rule will have a 
significant economic effect (benefit) on a substantial number of small 
entities in any region or nationally. Using the estimate derived in the 
Regulatory Planning and Review section, we expect approximately 
$488,000 to be spent in total in the refuges' local economies. The 
maximum increase ($2.4 million if all spending were new money) at most 
would be less than 1 percent for local retail trade spending (Table 2).

 Table 2.--Comparative Expenditures for Retail Trade Associated With Additional Refuge Visitation for 2008-2009
                                           [2005 dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                                     Estimated
                                   Retail trade       maximum      Addition as a   Total number     Establish.
       Refuge/county(ies)             in 2002      addition from    % of total        retail      with < 10 emp.
                                                  new activities                    establish.
----------------------------------------------------------------------------------------------------------------
Agassiz:
    Marshall, MN................         $80,352              $4           0.005              43              35
Hamden Slough:
    Becker, MN..................         351,508              16           0.005             159             117
Blackwater:
    Dorchester, MD..............         259,667              48           0.018             123              91
Whittlesey Creek:
    Ashland, WI.................         185,394               2           0.001              94              70
Bayou Cocodrie:
    Concordia, LA...............         135,975              63           0.047              82              60
Tensas River:
    Franklin, LA................         205,637              53           0.026              83              63
    Madison, LA.................          78,207              53           0.068              42              31
    Tensas, LA..................          23,931              53           0.222              26              22
Upper Ouachita
    Morehouse, LA...............         231,753              76           0.033             115              91
    Union, LA...................         127,496              76           0.059              70              57
----------------------------------------------------------------------------------------------------------------

    With the small increase in overall spending anticipated from this 
proposed rule, it is unlikely that a substantial number of small 
entities will have more than a small benefit from the increased 
spending near the affected refuges. Therefore, we certify that this 
proposed rule will not have a significant economic effect on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act (5 U.S.C. 601). An initial/final Regulatory Flexibility 
Analysis is not required. Accordingly, a Small Entity Compliance Guide 
is not required.

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. The additional fishing and hunting opportunities at these 
refuges would generate angler and hunter expenditures with an economic 
impact estimated at $2.4 million per year (2006 dollars). Consequently, 
the maximum benefit of this rule for businesses both small and large 
would not be sufficient to make this a major rule. The impact would be 
scattered across the country and would most likely not be significant 
in any local area.
    b. Would not cause a major increase in costs or prices for 
consumers; individual industries; Federal, State, or local government 
agencies; or geographic regions. This proposed rule would have only a 
slight effect on the costs of hunting and fishing opportunities for 
Americans. Under the assumption that any additional hunting and fishing 
opportunities would be of high quality, participants would be attracted 
to the refuge. If the refuge were

[[Page 33206]]

closer to the participants' residences, then a reduction in travel 
costs would occur and benefit the participants. The Service does not 
have information to quantify this reduction in travel cost but assumes 
that, since most people travel less than 100 miles to hunt and fish, 
the reduced travel cost would be small for the additional days of 
hunting and fishing generated by this proposed rule. We do not expect 
this proposed rule to affect the supply or demand for fishing and 
hunting opportunities in the United States and, therefore, it should 
not affect prices for fishing and hunting equipment and supplies, or 
the retailers that sell equipment. Additional refuge hunting and 
fishing opportunities would account for less than 0.001 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 
United States-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 $2.4 million annually in impact. 
Therefore, this rule would have no measurable economic effect on the 
wildlife-dependent industry, which has annual sales of equipment and 
travel expenditures of $72 billion nationwide. Refuges that establish 
hunting and fishing programs may hire additional staff from the local 
community to assist with the programs, but this would not be a 
significant increase because we are opening only one refuge to hunting 
and only six refuges are increasing activities by this proposed rule.

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 at national wildlife refuges and describe what they can do 
while they are on a 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 this proposed 
rule, we worked with State governments.

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. The regulation 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 would add one 
refuge to the list of areas open for hunting and increase the 
activities at six refuges, it is not a significant regulatory action 
under E.O. 12866 and is not expected to significantly affect energy 
supplies, distribution, and use. Therefore, this action is a not a 
significant energy action and no Statement of Energy Effects is 
required.

Consultation and Coordination With Indian Tribal Governments (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 the regulations.

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. We 
will ask OMB to approve necessary information collection(s).

Endangered Species Act Section 7 Consultation

    In preparation for new openings, we comply with Section 7 of the 
Endangered Species Act. Copies of the Section 7 evaluations may be 
obtained by contacting the regions listed under Available Information 
for Specific Refuges. For the proposals to open or to add opportunities 
at national wildlife refuges for hunting and/or fishing, we have 
determined that at Hamden Slough National Wildlife Refuge, and Tensas 
River National Wildlife Refuge, the actions are not likely to adversely 
affect listed species or designated critical habitat. For the proposals 
at Whittlesey Creek National Wildlife Refuge and Blackwater National 
Wildlife Refuge, we have determined the actions will have no effect on 
any listed species or critical habitat. For Bayou Cocodrie National 
Wildlife Refuge, Upper Ouachita National Wildlife Refuge, and Agassiz 
National Wildlife Refuge, we have determined the actions may affect but 
are not likely to adversely affect listed species/critical habitat.
    We also comply with Section 7 of the ESA when developing 
comprehensive conservation plans (CCPs) and step-down management plans 
for public use of refuges, and prior to implementing any new or revised 
public recreation program on a refuge as identified in 50 CFR 26.32.

National Environmental Policy Act

    Based upon review of the refuge-specific Environmental Assessments 
for the opening of new or expansion of existing hunting programs on 7 
national wildlife refuges (Agassiz NWR, Hamden Slough NWR, Blackwater 
NWR, Whittlesey Creek, Bayou Cocodrie NWR, Tensas River NWR, and Upper 
Ouachita NWR), and of associated documentation referenced below, it is 
our determination that the action of opening or expanding hunting 
programs on these 7 refuges as described and which will be codified by 
rulemaking in 2008, does not constitute a major Federal action 
significantly affecting the quality of the human environment under the 
meaning of section 102(2)(c) of the National Environment Policy Act of 
1969 (as amended). As such, an environmental impact statement is not 
required.
    We have further prepared a Cumulative Impact Report that analyzes 
the cumulative impacts of these proposed openings. In this Report we 
evaluate cumulative impacts within the context of the new and expanded

[[Page 33207]]

hunting and fishing programs on the seven refuges combined and within 
the context of hunting and fishing programs on the Refuge System as a 
whole.
    Prior to the addition of a refuge to the list of areas open to 
hunting and fishing in 50 CFR part 32, we develop hunting and fishing 
plans for the affected refuges. We incorporate these proposed refuge 
hunting and fishing activities in the refuge CCPs and/or other step-
down management plans, pursuant to our refuge planning guidance in 602 
Fish and Wildlife Service Manual (FW) 1, 3, and 4. We prepare these 
CCPs and step-down plans in compliance with section 102(2)(C) of NEPA 
and the Council on Environmental Quality's regulations for implementing 
NEPA in 40 CFR parts 1500-1508. We invite the affected public to 
participate in the review, development, and implementation of these 
plans. Copies of all plans and NEPA compliance are available from the 
refuges at the addresses provided below.

Available Information for Specific Refuges

    Individual refuge headquarters retain information regarding public 
use programs and conditions that apply to their specific programs and 
maps of their respective areas. If the specific refuge you are 
interested in is not mentioned below, then contact the appropriate 
Regional offices listed below:
    Region 1--California, Hawaii, Idaho, Nevada, Oregon, and 
Washington. Regional Chief, National Wildlife Refuge System, U.S. Fish 
and Wildlife Service, Eastside Federal Complex, Suite 1692, 911 N.E. 
11th Avenue, Portland, OR 97232-4181; Telephone (503) 231-6214.
    Region 2--Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, 
National Wildlife Refuge System, U.S. Fish and Wildlife Service, Box 
1306, 500 Gold Avenue, Albuquerque, NM 87103; Telephone (505) 248-7419.
    Region 3--Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, 
Ohio, and Wisconsin. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1 Federal Drive, Federal Building, Fort 
Snelling, Twin Cities, MN 55111; Telephone (612) 713-5401. Hamden 
Slough National Wildlife Refuge, 21212 210th Street, Audubon, Minnesota 
56511; Telephone (218) 439-6319.
    Region 4--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, North Carolina, Tennessee, South Carolina, Puerto Rico, 
and the Virgin Islands. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard, 
Atlanta, GA 30345; Telephone (404) 679-7166.
    Region 5--Connecticut, Delaware, District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Rhode Island, Vermont, Virginia and West Virginia. 
Regional Chief, National Wildlife Refuge System, U.S. Fish and Wildlife 
Service, 300 Westgate Center Drive, Hadley, MA 01035-9589; Telephone 
(413) 253-8306.
    Region 6--Colorado, Kansas, Montana, Nebraska, North Dakota, South 
Dakota, Utah, and Wyoming. Regional Chief, National Wildlife Refuge 
System, U.S. Fish and Wildlife Service, 134 Union Blvd., Lakewood, CO 
80228; Telephone (303) 236-8145.
    Region 7--Alaska. Regional Chief, National Wildlife Refuge System, 
U.S. Fish and Wildlife Service, 1011 E. Tudor Rd., Anchorage, AK 99503; 
Telephone (907) 786-3545.

Primary Author

    Leslie A. Marler, Management Analyst, Division of Conservation 
Planning and Policy, National Wildlife Refuge System, 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.  32.7 ``What refuge units are open to hunting and/or 
sport fishing?'' by:
    a. Adding Hamden Slough National Wildlife Refuge in the State of 
Minnesota; and
    b. Removing Stillwater Wildlife Management Area in the State of 
Nevada.
    3. Amend Sec.  32.37 Louisiana by:
    a. Revising paragraphs A.3., A.5., A.6., A.9., A.11., A.12, B.2., 
B.6. and B.7, adding paragraphs B.8 through B.10., and revising 
paragraph C. of Tensas River National Wildlife Refuge; and
    b. Revising paragraphs A., B., and C. of Upper Ouachita National 
Wildlife Refuge to read as follows:


Sec.  32.37  Louisiana.

* * * * *

Tensas River National Wildlife Refuge

    A. Migratory Game Bird Hunting. * * *
* * * * *
    3. We allow refuge hunters to enter the refuge no earlier than 4 
a.m., and they must depart no later than 2 hours after legal sunset 
unless they are participating in the refuge raccoon hunt.
* * * * *
    5. We allow shotguns equipped with a single-piece magazine plug 
that allows the gun to hold no more than two shells in the magazine and 
one in the chamber. We prohibit target practicing or shooting to unload 
modern firearms on the refuge at any time. Shotgun hunters must possess 
only an approved nontoxic shot when hunting migratory birds (see Sec.  
32.2(k)). We require hunters to unload and encase all guns transported 
in automobiles and boats or on all-terrain vehicles (see Sec.  27.42(b) 
of this chapter). We allow firearms on the refuge only during the 
refuge hunting season.
    6. We prohibit permanent or pit blinds on the refuge. You must 
remove all blind material sand decoys following each day's hunt (see 
Sec.  27.93 of this chapter).
* * * * *
    9. We prohibit baiting or the possession of bait at any time while 
on the refuge (see Sec.  32.2(h)).
* * * * *
    11. While visiting the refuge, we prohibit: Spotlighting, 
littering, fires, trapping, mandrives for game, possession of alcoholic 
beverages in hunting areas, possession of open alcoholic beverage 
containers, flagging, engineers tape, paint, unleashed pets, and 
parking/blocking trail and gate entrances. We prohibit hunting within 
150 feet (45 m) of: A designated public road, maintained road, trail, 
fire breaks, dwellings, and above-ground oil and gas production 
facilities. We define a maintained road or trail as one which has been 
mowed, disked, or plowed.
    12. We require a Tensas River National Wildlife Refuge Access 
Permit for all migratory bird hunts. You will find the permits on the 
front of the Public Use Regulation brochure.
* * * * *
    B. Upland Game Hunting. * * *
* * * * *
    2. We allow squirrel and rabbit hunting with and without dogs. We 
will allow hunting without dogs from the beginning of the State season 
to a date typically ending the day before the refuge deer muzzleloader 
hunt. We do not require hunters to wear hunter orange during the 
squirrel and rabbit hunt without dogs. Squirrel and rabbit

[[Page 33208]]

hunting will begin again, with or without dogs, the day after the 
refuge deer muzzleloader hunt and will conclude the last day of the 
refuge squirrel season which typically ends on February 15.
* * * * *
    6. We allow .22 caliber rimfire weapons and shotguns equipped with 
a single-piece magazine plug that allows the gun to hold no more than 
two shells in the magazine and one in the chamber. We prohibit target 
practicing or shooting to unload modern firearms on the refuge at any 
time. Shotgun hunters must possess only an approved nontoxic shot when 
hunting upland game (see Sec.  32.2(k)). We require hunters to unload 
and encase all guns transported in automobiles and boats or on all-
terrain vehicles (see Sec.  27.42(b) of this chapter). We define loaded 
as shells in gun or caps on muzzleloader. We allow firearms on the 
refuge only during the refuge hunting season.
    7. We require all upland game hunters to report their game 
immediately after each hunt at the check station nearest the point of 
take.
    8. Conditions A7, A10, A11, and A13 apply.
    9. We prohibit any hunter to use climbing spikes or to hunt from a 
tree that contains screw-in steps, nails, screw-in umbrellas, or any 
metal objects that could damage trees (see Sec.  32.2(i)).
    10. We require a Tensas River National Wildlife Refuge Access 
Permit for all upland game hunts. Hunters will find permits on the 
front of the Public Use Regulations brochure.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    1. Deer archery season will begin the first Saturday in November 
and will conclude on the last day of the State archery season which is 
generally January 31. We require that archery hunters, including 
crossbow hunters, possess proof of completion of the International 
Bowhunters Safety Course. We prohibit archery hunting during the 
following refuge-wide deer hunts: Youth gun hunt and modern firearms 
hunts. We prohibit possession of pods, drug-tipped arrows, or other 
chemical substances.
    2. Deer muzzleloader season will be 3 days and occur on a Monday, 
Tuesday, and Wednesday in January. We will allow in-line muzzleloaders 
and magnified scopes.
    3. We will conduct two 2-day quota modern firearms hunts for deer 
typically in the month of December. Hunt dates and permit application 
procedures will be available at Refuge Headquarters in July. We 
restrict hunters using a muzzleloader during this hunt to areas where 
we allow modern firearms.
    4. We will conduct guided quota youth deer hunts and guided quota 
physically challenged deer hunts in the Greenlea Bend area typically in 
December and January. Hunt dates and permit application procedures will 
be available at the Refuge Headquarters in July.
    5. We will conduct a refuge-wide youth deer hunt during the State-
wide youth hunt weekend typically in November. Hunt dates will be 
available at Refuge Headquarters in July. Each participating youth 
must: Be age 8-15, possess proof of completion of an approved Hunter 
Safety Course, and be accompanied at all times by an adult age 21 or 
older. Each adult hunter may supervise only one youth.
    6. Hunters may take only one deer (one buck or one doe) per day 
during refuge deer hunts except during guided youth and physically 
challenged hunts where the limit will be one antlerless and one 
antlered deer per day.
    7. We allow turkey hunting the first 16 days of the State turkey 
season. We will conduct a youth turkey hunt the Saturday and Sunday 
before the regular State turkey season. You may harvest two bearded 
turkeys per season. We allow the use and possession of lead shot while 
turkey hunting on the refuge (see Sec.  32.2(k)). We allow use of 
nonmotorized bicycles on designated all-terrain vehicle trails. 
Although you may hunt turkeys without displaying a solid hunter orange 
cap or vest during your turkey hunt, we do recommend its use.
    8. Conditions A3, A7, A9, A11, A13, and B9 apply.
    9. In areas posted ``Closed Area,'' we prohibit big game hunting at 
any time. ``Closed Area''(s), which we designate on the Public Use 
Regulations brochure map, are closed to all hunts.
    10. We allow shotguns that are equipped with a single-piece 
magazine plug that allows the gun to hold no more than two shells in 
the magazine and one in the chamber. We allow shotgun hunters to use 
rifled slugs only when hunting deer. We prohibit hunters using or 
possessing buckshot while on the refuge. We prohibit target practicing 
or shooting to unload modern firearms on the refuge at any time. We 
require hunters to unload and encase all guns transported in 
automobiles and boats or on all-terrain vehicles (see Sec.  27.42(b) of 
this chapter). We define loaded as shells in gun or caps on 
muzzleloader. We allow firearms on the refuge only during the refuge 
hunting season.
    11. We allow muzzleloader hunters to discharge their muzzleloaders 
at the end of each hunt safely into the ground at least 150 feet (45 m) 
from any designated public road, maintained road, trail, fire breaks, 
dwellings, or above-ground oil and gas production facilities. We define 
a maintained road or trail as one which has been mowed, disked, or 
plowed and one which is free of trees.
    12. We prohibit deer hunters leaving deer stands unattended before 
the opening day of the refuge archery season, and hunters must remove 
stands by the end of the last day of the refuge archery season. Hunters 
must clearly mark stands left unattended on the refuge with the name 
and address of the owner of the stand. Hunters must remove portable 
stands from trees daily and place freestanding stands in a nonhunting 
position when unattended.
    13. We require deer hunters using muzzleloaders or modern firearms 
to display a solid hunter-orange cap on their head and a solid hunter-
orange vest over their outermost garment covering their chest and back. 
Hunters must display the solid hunter-orange items at all times while 
in the field.
    14. We require muzzleloader and modern firearms hunters utilizing 
ground blinds to display 400 square inches (2,600 cm2) of 
hunter orange outside of the blind that is visible from all sides of 
the blind. Hunters must wear orange vests and hats as their outermost 
garments while inside the blind.
    15. We require all deer and turkey hunters to report their game 
immediately after each hunt at the check station nearest to the point 
of take.
    16. We prohibit baiting or the possession of bait while on the 
refuge at any time. We prohibit possession of chemical baits or 
attractants used as bait.
    17. We require a Tensas River National Wildlife Refuge Access 
Permit for all big game hunts. You will find the permits on the front 
of the Public Use Regulations brochure.
* * * * *

Upper Ouachita National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl 
(duck, goose, coot, gallinule, rail, snipe), woodcock, and dove on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit.
    2. We allow waterfowl hunting on the west side of the Ouachita 
River north of

[[Page 33209]]

RCW Road. We allow waterfowl hunting on the east side of the Ouachita 
River outside the Mollicy levee and south of the crude oil pipeline 
which runs through Township 22N range 4E sections 2, 3, 4 within the 
levee.
    3. We allow woodcock hunting west of the Ouachita River. We allow 
woodcock hunting on the east side of the Ouachita River outside the 
Mollicy levee and south of the crude oil pipeline which runs through 
Township 22N range 4E sections 2, 3, 4 within the levee.
    4. We allow dove hunting during the first 3 days of the State 
season east of the Ouachita River outside the Mollicy levee and south 
of the crude oil pipeline which runs through Township 22N range 4E 
sections 2, 3, 4 within the levee.
    5. We allow waterfowl hunting until 12 p.m. (noon) during the State 
season.
    6. We will hold a limited youth waterfowl lottery hunt during the 
State Youth Waterfowl Hunt. Application instructions are available at 
the refuge office.
    7. Hunters may enter the refuge no earlier than 4 a.m.
    8. We prohibit hunting within 100 feet (30 m) of the maintained 
rights of ways of roads, from or across ATV trails, and from above-
ground oil, gas, or electrical transmission facilities.
    9. We prohibit leaving boats, blinds, and decoys unattended.
    10. We allow dogs to locate, point, and retrieve when hunting for 
migratory game birds. We prohibit the use of dogs for hog hunting.
    11. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must 
possess and carry a card or certificate of completion. Each youth 
hunter must remain within sight and normal voice contact of an adult 
age 21 or older. Each adult may supervise no more than two youth 
hunters.
    12. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that pay other individual(s), pays 
or promises to pay directly or indirectly for service rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, beaver, coyote, and opossum on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1, A8, A9, A11, and A12 (to hunt upland game) apply.
    2. We allow hunting west of the Ouachita River. We allow hunting on 
the east side of the Ouachita River outside the Mollicy levee and south 
of the crude oil pipeline which runs through Township 22N range 4E 
sections 2,3,4 within the levee.
    3. We prohibit possession of firearms larger than .22 caliber 
rimfire, shotgun slugs, and buckshot.
    4. We allow hunting of raccoon and opossum during the daylight 
hours (legal sunrise to legal sunset) of rabbit and squirrel season. We 
allow night hunting (legal sunset to legal sunrise) during December and 
January, and we allow use of dogs for night hunting. We prohibit the 
selling of raccoon and opossum taken on the refuge for human 
consumption.
    5. We allow the use of dogs to hunt squirrel and rabbit after the 
last refuge Gun Deer Hunt.
    6. To use horses and mules to hunt raccoon and opossum at night, 
hunters must first obtain a special permit at the refuge office.
    7. Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 2 hours after legal shooting hours.
    8. We allow hunting of beaver and coyote during all open refuge 
hunts with weapons legal for the ongoing hunt.
    C. Big Game Hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Conditions A1, A8, A9, A12 (to hunt big game), and B7 apply.
    2. We allow general gun deer hunting on the following days: The 
first consecutive Saturday and Sunday of November; the Friday, 
Saturday, and Sunday following Thanksgiving Day; and the second 
Saturday and Sunday after Thanksgiving Day. We allow archery deer 
hunting during the entire State season.
    3. We allow deer and feral hog hunting west of the Ouachita River. 
We allow deer hunting on the east side of the Ouachita River outside 
the Mollicy levee and south of the crude oil pipeline which runs 
through Township 22N range 4E sections 2, 3, 4 within the levee.
    4. The daily bag limit is one either-sex deer. The State season 
limit applies.
    5. Archery hunters must possess and carry proof of completion of 
the International Bowhunters' Education Program.
    6. We prohibit leaving deer stands, blinds, and other equipment 
unattended.
    7. Deer hunters must wear hunter orange as per State deer hunting 
regulations on Wildlife Management Areas.
    8. We prohibit hunters placing stands or hunting from stands on 
pine trees with white-painted bands/rings.
    9. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must 
possess and carry a card or certificate of completion. Each youth 
hunter must remain within sight and normal voice contact of an adult 
age 21 or older. Each adult may supervise no more than one youth 
hunter.
    10. We will hold a limited lottery youth turkey hunt on the 
Saturday of the State youth turkey hunt weekend.
    11. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals, or other feed or 
nonnaturally occurring attractant on the refuge (see Sec.  32.2(h)).
    12. We allow hunting of hog during all open refuge hunts with 
weapons legal for the ongoing hunt.
* * * * *
    4. Amend Sec.  32.39 Maryland by revising paragraphs A. and B. of 
Blackwater National Wildlife Refuge to read as follows:


Sec.  32.39  Maryland.

* * * * *

Blackwater National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose and duck 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require refuge permits for all hunters regardless of age. We 
require that hunters possess a valid State hunting license, any 
required stamps, and a photo identification. Permits are 
nontransferable.
    2. All refuge hunters must abide by the terms and conditions of the 
refuge permit.
    B. Upland Game Hunting. We allow hunting of eastern wild turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions: Conditions A1 and A2 apply.
* * * * *
    5. Amend Sec.  32.42 Minnesota by:
    a. Revising Agassiz National Wildlife Refuge; and
    b. Adding Hamden Slough National Wildlife Refuge to read as 
follows:


Sec.  32.42  Minnesota.

* * * * *

Agassiz National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl on 
the

[[Page 33210]]

Farmers Pool Unit area of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow a youth hunt only (age 16 and under). Youth hunters age 
14 and under must be accompanied by an adult age 18 or older.
    2. We prohibit vehicles and hunters from entering the refuge before 
5:30 a.m. They must leave the refuge each day as soon as possible after 
legal hunting hours.
    3. We prohibit the use of motorized boats.
    4. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds (see Sec.  27.92 of this chapter).
    5. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the refuge, each day of hunting (see 
Sec. Sec.  27.93 and 27.94 of this chapter).
    6. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times.
    7. We prohibit the use of snowmobiles and ATVs.
    8. We prohibit camping.
    B. Upland Game Hunting. We allow hunting of ruffed grouse and 
sharp-tailed grouse on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We allow hunting from the opening of the State's deer firearms 
season to the close of the regular State's ruffed grouse and sharp-
tailed grouse seasons.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec.  32.2(k)).
    3. We prohibit hunting in the closed areas around the 
administrative buildings.
    4. Conditions A2 through A8 apply.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
moose on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We are currently closed to moose hunting until the population 
recovers.
    2. Conditions A1, A3, A4, A5, A7, and A8 apply.
    3. We allow scouting the day before the youth deer hunt and the 
deer firearms hunt.
    4. We open archery hunting at the start of the State's deer 
firearms season and close according to the State's archery deer season.
    5. We allow muzzleloader deer hunting following the State's 
muzzleloader season.
    6. Hunters may use portable stands. We prohibit construction or use 
of permanent blinds, permanent platforms, or permanent ladders.
    7. You must remove all stands and personal property from the refuge 
by legal sunset of each day (see Sec. Sec.  27.93 and 27.94 of this 
chapter).
    8. We prohibit hunters from occupying illegally set up or 
constructed ground and tree stands (see condition C2).
    9. We allow the use of wheeled, nonmotorized conveyance devices 
(e.g., bikes, retrieval carts) except in Wilderness Areas.
    10. We prohibit vehicles and hunters from entering the refuge 
during the youth deer hunt until after 6 a.m.
    D. Sport Fishing. [Reserved]
* * * * *

Hamden Slough National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow waterfowl hunting during the State's Youth 
Waterfowl Day.
    2. Youth waterfowl hunters must be age 15 and under.
    3. We will only allow waterfowl hunting in refuge tracts within 
Audubon and Riceville Townships.
    4. We prohibit the use of motorized boats.
    5. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.
    6. You must remove all personal property, which includes boats, 
decoys, blinds, and blind materials (except for blinds made entirely of 
marsh vegetation) brought onto the refuge, following that day's hunt 
(see Sec. Sec.  27.93 and 27.94 of this chapter).
    7. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season.
    8. We prohibit entry to hunting areas earlier than 2 hours before 
legal shooting hours.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow hunting during the State's muzzleloader season 
with muzzleloaders.
    2. Hunters may use portable stands. We prohibit construction or use 
of permanent blinds, permanent platforms, or permanent ladders.
    3. Hunters must remove all stands and personal property from the 
refuge at the end of each day's hunt (see Sec. Sec.  27.93 and 27.94 of 
this chapter).
    4. Condition A8 applies.
    D. Sport Fishing. [Reserved]
* * * * *
    6. Amend Sec.  32.69 Wisconsin by revising paragraph C. of 
Whittlesey Creek National Wildlife Refuge to read as follows:


Sec.  32.69  Wisconsin.

* * * * *

Whittlesey Creek National Wildlife Refuge

* * * * *
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We will allow archery deer hunting to take place on refuge lands 
owned by the Service that constitute tracts greater than 20 acres (8 
ha).
    2. We prohibit hunting within a designated, signed area around the 
Coaster Classroom and Northern Great Lakes Visitor Center boardwalk.
    3. We prohibit the construction or use of permanent blinds or 
platforms.
    4. Hunters may use ground blinds or any elevated stands only if 
they do not damage live vegetation, including trees (see Sec.  27.61 of 
this chapter).
    5. Hunters may construct ground blinds entirely of dead vegetation 
from the refuge lands.
    6. Hunters must remove all stands and blinds from the refuge at the 
end of each day's hunt (see Sec. Sec.  27.93 and 27.94 of this 
chapter).
    7. We allow motorized vehicles only on public roads and parking 
areas (see Sec.  27.31 of this chapter).
* * * * *

    Dated: April 2, 2008.
David M. Vehrey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-12193 Filed 6-10-08; 8:45 am]
BILLING CODE 4310-55-P