[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41058-41066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13360]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS-HQ-NWRS-2023-0038; FXRS12610900000-234-FF09R20000]
RIN 1018-BG71
National Wildlife Refuge System; 2023-2024 Station-Specific
Hunting and Sport Fishing Regulations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
expand hunting opportunities on three National Wildlife Refuges (NWRs).
We also propose to make changes to existing station-specific
regulations in order to reduce the regulatory burden on the public,
increase access for hunters and anglers on Service lands and waters,
and comply with a Presidential mandate for plain language standards.
Finally, the best available science, analyzed as part of this proposed
rulemaking, indicates that lead ammunition and tackle have negative
impacts on both wildlife and human health. In this proposed rule,
Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent
Research Refuge, Rachel Carson, and Wallops Island NWRs are each
proposing a non-lead requirement, which would take effect on September
1, 2026, if we adopt them as part of a final rule. While the Service
continues to evaluate the future of lead use in hunting and fishing on
Service lands and waters, this rulemaking does not include any
opportunities proposing to increase or authorize the new use of lead
beyond fall 2026.
DATES: We will accept comments received or postmarked on or before
August 22, 2023.
ADDRESSES:
Written comments: You may submit comments by one of the following
methods:
Electronically: Go to the Federal eRulemaking Portal:
https://www.regulations.gov. In the Search box, type in FWS-HQ-NWRS-
2023-0038, which is the docket number for this rulemaking. Then, click
on the Search button. On the resulting screen, find the correct
document and submit a comment by clicking on ``Comment.''
By hard copy: Submit by U.S. mail or hand delivery: Public
Comments Processing, Attn: FWS-HQ-NWRS-2023-0038, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041-3803.
We will not accept email or faxes. We will post all comments on
https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see Request for Comments, below,
for more information).
Supporting documents: For information on a specific refuge's or
hatchery's public use program and the conditions that apply to it,
contact the respective regional office at the address or phone number
given in Available Information for Specific Stations under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Kate Harrigan, (703) 358-2440.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Background
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd-668ee), as amended (Administration Act), closes NWRs 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 the use is
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),
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
[[Page 41059]]
environmental health of the Refuge System for the benefit of present
and future generations of Americans.
We annually review hunting and sport fishing programs to determine
whether to include additional stations or whether individual station
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 station-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 station purposes or the Service's mission.
Provisions governing hunting and sport fishing on refuges are in
title 50 of the Code of Federal Regulations at part 32 (50 CFR part
32), and on hatcheries at part 71 (50 CFR part 71). We regulate hunting
and sport fishing to:
Ensure compatibility with refuge and hatchery purpose(s);
Properly manage fish and wildlife resource(s);
Protect other values;
Ensure visitor safety; and
Provide opportunities for fish- and wildlife-dependent
recreation.
On many stations 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 to meet these
objectives. On other stations, we must supplement State regulations
with more-restrictive Federal regulations to ensure that we meet our
management responsibilities, as outlined under Statutory Authority,
below. We issue station-specific hunting and sport fishing regulations
when we open wildlife refuges and fish hatcheries to migratory game
bird hunting, upland game hunting, big game hunting, or sport fishing.
These regulations may list the wildlife species that you may hunt or
fish; seasons; bag or creel (container for carrying fish) limits;
methods of hunting or sport fishing; descriptions of areas open to
hunting or sport fishing; and other provisions as appropriate.
Statutory Authority
The Administration Act, as amended by the National Wildlife Refuge
System Improvement Act of 1997 (Improvement Act; Pub. L. 105-57),
governs the administration and public use of refuges, and the Refuge
Recreation Act of 1962 (Recreation Act; 16 U.S.C. 460k-460k-4) governs
the administration and public use of refuges and hatcheries.
Amendments enacted by the Improvement Act were built upon the
Administration Act in a manner that provides an ``organic act'' for the
Refuge System, similar to organic acts 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 purpose for which the refuge was
established and the mission of the Refuge System. 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 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 and Hatchery 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 or
hatchery 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
station-specific regulations to ensure the compatibility of the
programs with the purpose(s) for which we established the refuge or
hatchery and the Refuge and Hatchery System mission. We ensure initial
compliance with the Administration Act and the Recreation Act for
hunting and sport fishing on newly acquired land 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 parts 32 and 71. We ensure
continued compliance by the development of comprehensive conservation
plans and step-down management plans, and by annual review of hunting
and sport fishing programs and regulations.
Proposed Amendments to Existing Regulations
Updates to Hunting and Fishing Opportunities on NWRs
This document proposes to codify in the Code of Federal Regulations
all the Service's hunting and/or sport fishing regulations that we
would update since the last time we published a rule amending these
regulations (87 FR 57108; September 16, 2022) and that are applicable
at Refuge System units previously opened to hunting and/or sport
fishing. We propose this to better inform the general public of the
regulations at each station, to increase understanding and compliance
with these regulations, and to make enforcement of these regulations
more efficient. In addition to finding these regulations in 50 CFR
parts 32, visitors to our stations may find them reiterated in
literature distributed by each station or posted on signs.
Table 1--Proposed Changes for 2023-2024 Hunting/Sport Fishing Season
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Station State Migratory bird hunting Upland game hunting Big game hunting Sport fishing
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Cahaba River NWR................... Alabama............... Closed................ Already Open......... E.................... Already Open.
Everglades Headwaters NWR.......... Florida............... E..................... E.................... E.................... Closed.
[[Page 41060]]
Minnesota Valley NWR............... Minnesota............. E..................... E.................... E.................... Already Open.
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Key:
E = Expansion (Station is already open to the activity: the proposed rule would add new lands/waters, modify areas open to hunting or fishing, extend
season dates, add a targeted hunt, modify season dates, modify hunting hours, etc.)
The changes for the 2023-2024 hunting/fishing season noted in the
table above are each based on a complete administrative record which,
among other detailed documentation, also includes a hunt plan, a
compatibility determination (for refuges), and the appropriate National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) analysis, all
of which were the subject of a public review and comment process. These
documents are available upon request.
The Service remains concerned that lead is an important issue, and
we will continue to appropriately evaluate and regulate the use of lead
ammunition and tackle on Service lands and waters. The Service has
initiated stakeholder engagement to implement a deliberate, open, and
transparent process of evaluating the future of lead use on Service
lands and waters, working with our State partners, and seeking input
and recommendations from the Hunting and Wildlife Conservation Council,
other stakeholders, and the public. The best available science,
analyzed as part of this proposed rulemaking, indicates that lead
ammunition and tackle have negative impacts on both wildlife and human
health. Based on the best available science and sound professional
judgment, where appropriate, the Service may propose to require the use
of non-lead ammunition and tackle on Service lands and waters, as we
have done in certain cases already. While the Service continues to
evaluate the future of lead use in hunting and fishing on Service lands
and waters, we will continue to work with stakeholders and the public
to evaluate lead use through the annual rulemaking process. In the
interim, we will not allow for any increase in lead use on Service
lands and waters. Therefore, this rule does not include any
opportunities proposing to increase or authorize the new use of lead.
Minnesota Valley NWR already requires non-lead ammunition for the
migratory bird and upland game hunting opportunities proposed to be
expanded, and the refuge's proposed expansion of the big game hunt
involves only archery deer hunting, which does not involve lead
ammunition, as part of a special hunt program. Cahaba River NWR is
proposing to expand archery deer hunting, which does not involve lead
ammunition. Everglades Headwaters NWR is proposing to expand existing
migratory game bird, upland game, and big game hunting to new acres
that will require the use of non-lead ammunition immediately in the
fall 2023 season; the proposed rule would require non-lead ammunition
only within the newly expanded acres for hunting on the refuge. This
proposed restriction on lead ammunition has been developed in
coordination with the State of Florida's Fish and Wildlife Conservation
Commission. As we noted in our September 16, 2022, final rule (87 FR
57108), in this proposed rule, Blackwater, Chincoteague, Eastern Neck,
Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and
Wallops Island NWRs are proposing a non-lead equipment requirement,
which would be effective on September 1, 2026, if we adopt the
provisions in a final rule. Specifically, all eight refuges would
require the use of non-lead ammunition by fall 2026, and seven of the
eight, excepting Chincoteague, would require the use of non-lead tackle
by fall 2026 as well.
The Service is also providing a supplemental opportunity for public
comment on regulatory provisions regarding use of dogs on the Silvio O.
Conte National Fish and Wildlife Refuge in Vermont and New Hampshire
that were promulgated in 2021 (see 86 FR 48822; August 31, 2021). The
Service's preference in evaluating these 2021 regulatory changes is to
allow dog training on the refuge from August 1 to the last Saturday in
September. The Service would not require a permit for dog training or
hunting with more than two dogs. The Service would only allow the use
of dogs on the Putney Mountain Unit to hunt ruffed grouse, fall turkey,
squirrel, and woodcock (see the proposed revisions to 50 CFR 32.64 in
the rule portion of this document). We recently sought public review
and comment on an update to the refuge's 2023 hunting and fishing plan
and a supplemental environmental assessment (EA) that provided
description and analysis of the provisions regarding use of dogs. That
comment period ended on May 25, 2023. The Service considered those
comments and used them to inform the decision in the finding of no
significant impact associated with the supplemental EA. Comments made
on this proposed rule pertaining to dog use and removal of the permit
requirements related to dogs on the Silvio O. Conte Refuge will also be
duly considered. If we receive compelling information or data that
leads us to conclude that the relevant regulatory provisions should be
removed or revised, then we may take that action in the final rule.
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 https://www.epa.gov/fish-tech.
Request for Comments
You may submit comments and materials on this proposed rule by one
of the methods listed in ADDRESSES. We will not accept comments sent by
email or fax or to an address not listed in ADDRESSES. We will not
consider hand-delivered comments that we do not receive, or mailed
comments that are not postmarked, by the date specified in DATES.
We will post your entire comment on https://www.regulations.gov.
Before including personal identifying information in your comment, you
should be aware that we may make your entire comment--including your
personal identifying information--publicly available at any time. While
you can ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. We will post all hardcopy comments on https://www.regulations.gov.
Required Determinations
Clarity of This Proposed Rule
Executive Orders 12866 and 12988 and the Presidential Memorandum of
June 1, 1998, require us to write all rules
[[Page 41061]]
in plain language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rulemaking is not significant.
Executive Order (E.O.) 14094 reaffirms the principles of E.O. 12866
and E.O 13563 and states that regulatory analysis should facilitate
agency efforts to develop regulations that serve the public interest,
advance statutory objectives, and are consistent with E.O. 12866, E.O.
13563, and the Presidential Memorandum of January 20, 2021 (Modernizing
Regulatory Review). Regulatory analysis, as practicable and
appropriate, shall recognize distributive impacts and equity, to the
extent permitted by law. E.O. 13563 emphasizes further that regulations
must be based on the best available science and that the rulemaking
process must allow for public participation and an open exchange of
ideas. We have developed this rule in a manner consistent with these
requirements.
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 will 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
will not have a significant economic impact on a substantial number of
small entities.
This proposed rule would open or expand hunting on three NWRs. As a
result, visitor use for wildlife-dependent recreation on these stations
will change. If the stations establishing new programs were a pure
addition to the current supply of those activities, it would mean an
estimated maximum increase of 586 user days (one person per day
participating in a recreational opportunity; see table 2). Because the
participation trend is flat in these activities, this increase in
supply will most likely be offset by other sites losing participants.
Therefore, this is likely to be a substitute site for the activity and
not necessarily an increase in participation rates for the activity.
Table 2--Estimated Maximum Change in Recreation Opportunities in 2023-2024
[2022 Dollars in thousands]
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Additional Additional Additional
Station hunting days fishing days expenditures
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Cahaba River NWR................................................ 120 .............. $4
Everglades Headwaters NWR....................................... 225 .............. 9
Minnesota Valley NWR............................................ 241 .............. 9
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Total....................................................... 586 .............. 22
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To the extent visitors spend time and money in the area of the
station that they would not have spent there anyway, they contribute
new income to the regional economy and benefit local businesses. Due to
the unavailability of site-specific expenditure data, we use the
national estimates from the 2016 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 of the Refuge System yields approximately
$22,000 in recreation-related expenditures (see table 2, above). By
having ripple effects throughout the economy, these direct expenditures
are only part of the economic impact of these recreational activities.
Using a national impact multiplier for hunting activities (2.51)
derived from the report ``Hunting in America: An Economic Force for
Conservation'' and for fishing activities (2.51) derived from the
report ``Sportfishing in America'' yields a total maximum economic
impact of approximately $56,000 (2022 dollars) (Southwick Associates,
Inc., 2018).
Since we know that most of the fishing and hunting occurs within
100 miles of a participant's residence, then it is unlikely that most
of this spending will be ``new'' money coming into a local economy;
therefore, this spending will be offset with a decrease in some other
sector of the local economy. The net gain to the local economies will
be no more than $56,000 and likely less. Since 80 percent of the
participants travel less than 100 miles to engage in hunting and
fishing activities, their spending patterns will not add new money into
the local economy and, therefore, the real impact will be on the order
of about $22,000 annually.
Small businesses within the retail trade industry (such as hotels,
gas stations, taxidermy shops, bait-and-tackle shops, and similar
businesses) may be affected by some increased or decreased station
visitation. A large percentage of these retail trade establishments in
the local communities around NWRs qualify as small businesses (see
table 3, below). We expect that the incremental recreational changes
will be scattered, and so we do not expect that the rule will have a
significant economic effect on a
[[Page 41062]]
substantial number of small entities in any region or nationally. As
noted previously, we expect at most $22,000 to be spent in total in the
refuges' local economies. The maximum increase will be less than one-
tenth of 1 percent for local retail trade spending (see table 3,
below). Table 3 does not include entries for those NWRs for which we
project no changes in recreation opportunities in 2023-2024; see table
2, above.
Table 3--Comparative Expenditures for Retail Trade Associated With Additional Station Visitation for 2023-2024
[Thousands, 2022 dollars]
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Estimated Establishments
Retail trade in maximum addition Addition as % of Establishments with fewer than
Station/county(ies) 2017 \1\ from new total in 2017 \1\ 10 employees in
activities 2017
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Cahaba River:
Bibb, AL............................................. $143,008 $5 <0.1 52 39
Everglades Headwaters:
Hardee, FL........................................... 223,259 3 <0.1 75 63
Highlands, FL........................................ 1,505,788 3 <0.1 342 246
Polk, FL............................................. 9,949,483 3 <0.1 1,814 1,276
Minnesota Valley:
Carver, MN........................................... 1,116,550 5 <0.1 220 142
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1 U.S. Census Bureau.
With the small change in overall spending anticipated from this
proposed rule, it is unlikely that a substantial number of small
entities will have more than a small impact from the spending change
near the affected stations. Therefore, we certify that this rule, as
proposed, will not have a significant economic effect on a substantial
number of small entities as defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). A regulatory flexibility analysis is not
required. Accordingly, a small entity compliance guide is not required.
Congressional Review Act
The proposed rule is not a major rule under 5 U.S.C. 804(2), the
Congressional Review Act. We anticipate no significant employment or
small business effects. This proposed rule:
a. Would not have an annual effect on the economy of $100 million
or more. The minimal 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 opportunities for Americans. If
the substitute sites are farther from the participants' residences,
then an increase in travel costs would occur. The Service does not have
information to quantify this change in travel cost but assumes that,
since most people travel less than 100 miles to hunt, the increased
travel cost would be small. We do not expect this proposed rule to
affect the supply or demand for hunting opportunities in the United
States, and, therefore, it should not affect prices for hunting
equipment and supplies, or the retailers that sell equipment.
c. Would not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
proposed rule represents only a small proportion of recreational
spending at NWRs. Therefore, if adopted, 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.
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 proposed 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 proposed rule would affect only
visitors at NWRs and would describe what they can do while they are on
a Service station.
Federalism (E.O. 13132)
As discussed under Regulatory Planning and Review and Unfunded
Mandates Reform Act, above, this proposed rule would not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement 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 Department of the Interior has
determined that this 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.
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, or use. E.O.
13211 requires agencies to prepare statements of energy effects when
undertaking certain actions. Because this proposed rule would expand
hunting at two NWRs, it is not a significant regulatory action under
E.O. 12866, and we do not expect it to significantly affect energy
supplies, distribution, or use. Therefore, this action is 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 NWRs and National
Fish Hatcheries with Tribal governments having
[[Page 41063]]
adjoining or overlapping jurisdiction before we propose the
regulations.
Paperwork Reduction Act (PRA)
This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). OMB
previously approved the information collection requirements associated
with application and reporting requirements associated with hunting and
sport fishing and assigned OMB Control Number 1018-0140 (expires 09/30/
2025). An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number.
Endangered Species Act Section 7 Consultation
We comply with section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), when developing comprehensive
conservation plans and step-down management plans--which would include
hunting and/or fishing plans--for public use of refuges and hatcheries,
and prior to implementing any new or revised public recreation program
on a station as identified in 50 CFR 26.32. We complied with section 7
for each of the stations affected by this proposed rulemaking.
National Environmental Policy Act
We analyzed this proposed rule in accordance with the criteria of
the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C.
4332(C)), 43 CFR part 46, and 516 Departmental Manual (DM) 8.
A categorical exclusion from NEPA documentation applies to
publication of proposed amendments to station-specific hunting and
fishing regulations because they are technical and procedural in
nature, and the environmental effects are too broad, speculative, or
conjectural to lend themselves to meaningful analysis (43 CFR 46.210
and 516 DM 8). Concerning the actions that are the subject of this
proposed rulemaking, we have complied with NEPA at the project level
when developing each proposal. This is consistent with the Department
of the Interior instructions for compliance with NEPA where actions are
covered sufficiently by an earlier environmental document (43 CFR
46.120).
Prior to the addition of a refuge or hatchery to the list of areas
open to hunting and fishing in 50 CFR parts 32 and 71, we develop
hunting and fishing plans for the affected stations. We incorporate
these proposed station hunting and fishing activities in the station
comprehensive conservation plan 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
comprehensive conservation plans and step-down plans in compliance with
section 102(2)(C) of NEPA, the Council on Environmental Quality's
regulations for implementing NEPA in 40 CFR parts 1500 through 1508,
and the Department of Interior's NEPA regulations at 43 CFR part 46. 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 stations at the addresses provided
below.
Available Information for Specific Stations
Individual refuge and hatchery headquarters have information about
public use programs and conditions that apply to their specific
programs and maps of their respective areas. To find out how to contact
a specific refuge or hatchery, contact the appropriate Service office
for the States and Territories listed below:
Hawaii, Idaho, Oregon, and Washington. Regional Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service, Eastside
Federal Complex, Suite 1692, 911 NE 11th Avenue, Portland, OR 97232-
4181; Telephone (503) 231-6203.
Arizona, New Mexico, Oklahoma, and Texas. Regional Chief, National
Wildlife Refuge System, U.S. Fish and Wildlife Service, P.O. Box 1306,
500 Gold Avenue SW, Albuquerque, NM 87103; Telephone (505) 248-6635.
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and
Wisconsin. Regional Chief, National Wildlife Refuge System, U.S. Fish
and Wildlife Service, 5600 American Blvd. West, Suite 990, Bloomington,
MN 55437-1458; Telephone (612) 713-5476.
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico,
and the Virgin Islands. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 1875 Century Boulevard,
Atlanta, GA 30345; Telephone (404) 679-7356.
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) 253-8307.
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) 236-4377.
Alaska. Regional Chief, National Wildlife Refuge System, U.S. Fish
and Wildlife Service, 1011 E Tudor Rd., Anchorage, AK 99503; Telephone
(907) 786-3545.
California and Nevada. Regional Chief, National Wildlife Refuge
System, U.S. Fish and Wildlife Service, 2800 Cottage Way, Room W-2606,
Sacramento, CA 95825; Telephone (916) 767-9241.
Primary Author
Kate Harrigan, Division of Natural Resources and Conservation
Planning, 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.
Proposed Regulation Promulgation
For the reasons described in the preamble, we propose to amend
title 50, chapter I, subchapter C of the Code of Federal Regulations as
set forth below:
PART 32--HUNTING AND FISHING
0
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; Pub. L. 115-20, 131 Stat. 86.
0
2. Amend Sec. 32.24 by revising paragraphs (s)(1)(iv) and (vi) to read
as follows:
Sec. 32.24 California.
* * * * *
(s) * * *
(1) * * *
(iv) We restrict hunters in the spaced zone area of the East Bear
Creek Unit and West Bear Creek Unit to their assigned zone except when
they are traveling to and from the parking area, retrieving downed
birds, or pursuing crippled birds.
* * * * *
(vi) We require State-issued Type A area permits for accessing the
Freitas Unit on Wednesdays, Saturdays, and Sundays.
* * * * *
[[Page 41064]]
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3. Amend Sec. 32.28 by revising paragraphs (e)(2) and (3) to read as
follows:
Sec. 32.28 Florida.
* * * * *
(e) * * *
(2) Upland game hunting. We allow upland game hunting and the
incidental take of nonnative wildlife as defined by the State on
designated areas of the refuge in accordance with State regulations and
applicable State Wildlife Management Area regulations and the following
condition: We require the use of non-lead ammunition when hunting
upland game and the incidental take of nonnative wildlife on the
Corrigan Ranch/Okeechobee Unit.
(3) Big game hunting. We allow big game hunting and the incidental
take of nonnative wildlife as defined by the State on designated areas
of the refuge in accordance with State regulations and applicable State
Wildlife Management Area regulations and the following condition: We
require the use of non-lead ammunition when hunting big game and the
incidental take of nonnative wildlife on the Corrigan Ranch/Okeechobee
Unit.
* * * * *
0
4. Amend Sec. 32.35 by revising paragraph (a)(1)(v) to read as
follows:
Sec. 32.35 Kansas.
* * * * *
(a) * * *
(1) * * *
(v) We close the Neosho River and refuge lands north of the Neosho
River to all hunting from November 1 through March 1.
* * * * *
0
5. Amend Sec. 32.38 by:
0
a. Adding paragraph (b)(1)(v);
0
b. Revising paragraphs (b)(2)(i) and (3)(i);
0
c. Adding paragraph (f)(1)(v); and
0
d. Revising paragraphs (f)(2)(i), (3)(i), and (4)(ii).
The additions and revisions read as follows:
Sec. 32.38 Maine.
* * * * *
(b) * * *
(1) * * *
(v) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(2) * * *
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
and (v) of this section apply.
* * * * *
(3) * * *
(i) The conditions set forth at paragraphs (b)(1)(i) through (iii)
and (v) of this section apply.
* * * * *
(f) * * *
(1) * * *
(v) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(2) * * *
(i) The conditions set forth at paragraphs (f)(1)(i), (iii), and
(v) of this section apply.
* * * * *
(3) * * *
(i) The conditions as set forth at paragraphs (f)(1)(i), (iv), and
(v) of this section apply.
* * * * *
(4) * * *
(ii) The condition set forth at paragraph (f)(1)(v) of this section
applies.
* * * * *
0
6. Amend Sec. 32.39 by:
0
a. Adding paragraph (a)(1)(iv);
0
b. Revising paragraph (a)(2)(i);
0
c. Adding paragraphs (a)(3)(vi), (4)(iii), (b)(2)(iv), (3)(iv),
(4)(iii), and (c)(1)(v); and
0
d. Revising paragraphs (c)(2), (3)(i), and (4).
The additions and revisions read as follows:
Sec. 32.39 Maryland.
* * * * *
(a) * * *
(1) * * *
(iv) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(2) * * *
(i) The conditions set forth at paragraphs (a)(1)(iv) and (a)(3)(i)
through (v) of this section apply.
* * * * *
(3) * * *
(vi) The condition set forth at paragraph (a)(1)(iv) of this
section applies.
(4) * * *
(iii) The condition set forth at paragraph (a)(1)(iv) of this
section applies.
(b) * * *
(2) * * *
(iv) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(3) * * *
(iv) The condition set forth at paragraph (b)(2)(iv) of this
section applies.
(4) * * *
(iii) The condition set forth at paragraph (b)(2)(iv) of this
section applies.
(c) * * *
(1) * * *
(v) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(2) Upland game hunting. We allow hunting of gray squirrel, eastern
cottontail rabbit, and woodchuck on designated areas of the refuge
subject to the following condition: The conditions set forth at
paragraphs (c)(1)(i) through (iii) and (v) of this section apply.
(3) * * *
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), and (v)
of this section apply.
* * * * *
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge subject to the following condition: The condition set forth
at paragraph (c)(1)(v) of this section applies.
* * * * *
0
7. Amend Sec. 32.40 by:
0
a. Adding paragraph (a)(4)(iii); and
0
b. Revising paragraphs (b)(4) and (f)(4).
The addition and revisions read as follows:
Sec. 32.40 Massachusetts.
* * * * *
(a) * * *
(4) * * *
(iii) We allow fishing from legal sunrise to legal sunset.
(b) * * *
(4) Sport Fishing. We allow sport fishing on designated areas of
the refuge from legal sunrise to legal sunset.
* * * * *
(f) * * *
(4) Sport Fishing. We allow sport fishing on designated areas of
the refuge from legal sunrise to legal sunset.
* * * * *
0
8. Amend Sec. 32.47 by:
0
a. Revising paragraphs (d)(1)(i) and (iii);
0
b. Adding paragraphs (d)(1)(iv) and (v); and
0
c. Revising paragraph (d)(2)(iii).
The revisions and addition read as follows:
Sec. 32.47 Nevada.
* * * * *
(d) * * *
(1) * * *
(i) We allow hunting on designated days. We prohibit any migratory
game bird hunting after January 31.
* * * * *
(iii) From October 1 to February 1, you may only be in possession
of or use 25 or fewer shot shells per hunt day.
[[Page 41065]]
(iv) We only allow hunters to use watercraft to travel to and from
their hunting location for each day's hunt. Watercraft must be
completely immobilized while hunting, except to retrieve downed or
crippled birds.
(v) We prohibit shooting 150 feet (45 meters) from the center line
of roads (including access roads and two tracks), parking areas,
levees, or into or from safety zones.
(2) * * *
(iii) The conditions set forth at paragraphs (d)(1)(iii) and (iv)
of this section apply.
* * * * *
0
9. Amend Sec. 32.48 by revising paragraph (b) to read as follows:
Sec. 32.48 New Hampshire.
* * * * *
(b) Silvio O. Conte National Fish and Wildlife Refuge--
(1) Migratory game bird hunting. We allow hunting of duck, goose,
coot, Wilson's snipe, and American woodcock on designated areas of the
refuge subject to the following condition: We allow the use of dogs
consistent with State regulations, except dog training is only allowed
from August 1 through the last Saturday in September during daylight
hours.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, crow,
snowshoe hare, muskrat, opossum, fisher, mink, weasel, ring-necked
pheasant, and ruffed grouse on designated areas of the refuge subject
to the following condition: We allow the use of dogs consistent with
State regulations, except dog training is only allowed from August 1
through the last Saturday in September during daylight hours.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
black bear, and wild turkey on designated areas of the refuge subject
to the following conditions:
(i) We allow the use of dogs consistent with State regulations,
except dog training is only allowed from August 1 through the last
Saturday in September during daylight hours.
(ii) We allow tree stands and blinds that are clearly marked with
the owner's State hunting license number.
(iii) You must remove your tree stand(s) and blind(s) no later than
72 hours after the close of the season (see Sec. 27.93 of this
chapter).
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge.
* * * * *
0
10. Amend Sec. 32.56 by revising paragraph (l)(2) to read as follows:
Sec. 32.56 Oregon.
* * * * *
(l) * * *
(2) Upland game hunting. We allow hunting of upland game birds and
turkey on designated areas of the refuge subject to the following
condition: The condition set forth at paragraph (l)(1)(i) of this
section applies.
* * * * *
0
11. Amend Sec. 32.57 by:
0
a. Adding paragraph (b)(1)(v);
0
b. Revising paragraphs (b)(2)(iii) and (3)(ii); and
0
c. Adding paragraph (b)(4)(vi).
The additions and revisions read as follows:
Sec. 32.57 Pennsylvania.
* * * * *
(b) * * *
(1) * * *
(v) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(2) * * *
(iii) The conditions set forth at paragraphs (b)(1)(iv) and (v) of
this section apply.
* * * * *
(3) * * *
(ii) The conditions set forth at paragraphs (b)(1)(iv) and (v) of
this section apply.
(4) * * *
(vi) The condition set forth at paragraph (b)(1)(v) of this section
applies.
* * * * *
Sec. 32.62 [Amended]
0
12. Amend Sec. 32.62 by:
0
a. Removing paragraph (h)(3)(x); and
0
b. Redesignating paragraphs (h)(3)(xi) through (xiii) as (h)(3)(x)
through (xii), respectively.
0
13. Amend Sec. 32.64 by:
0
a. Adding paragraph (a)(4)(v); and
0
b. Revising paragraph (b).
The addition and revision read as follows:
Sec. 32.64 Vermont.
* * * * *
(a) * * *
(4) * * *
(v) We allow fishing from legal sunrise to legal sunset.
(b) Silvio O. Conte National Fish and Wildlife Refuge--
(1) Migratory game bird hunting. We allow hunting of duck, goose,
coot, crow, snipe, and American woodcock on designated areas of the
refuge subject to the following conditions:
(i) We allow disabled hunters to hunt from a vehicle that is at
least 10 feet from the traveled portion of the refuge road if the
hunter possesses a State-issued disabled hunting license and a Special
Use Permit (FWS Form 3-1383-G) issued by the refuge manager.
(ii) We allow the use of dogs consistent with State regulations,
except dog training is only allowed from August 1 through the last
Saturday in September during daylight hours. We prohibit dog training
on the Putney Mountain Unit.
(iii) We prohibit shooting from, over, or within 25 feet of the
traveled portion of any road that is accessible to motor vehicles.
(2) Upland game hunting. We allow hunting of coyote, fox, raccoon,
bobcat, woodchuck, red squirrel, eastern gray squirrel, porcupine,
skunk, snowshoe hare, eastern cottontail, muskrat, opossum, weasel,
pheasant, and ruffed grouse on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(ii) and (iii) of
this section apply.
(ii) At the Putney Mountain Unit, we allow the use of dogs only for
hunting ruffed grouse, fall turkey, squirrel, and woodcock.
(iii) We require hunters hunting at night to possess a Special Use
Permit (FWS Form 3-1383-G) issued by the refuge manager.
(3) Big game hunting. We allow hunting of white-tailed deer, moose,
black bear, and wild turkey on designated areas of the refuge subject
to the following conditions:
(i) The conditions set forth at paragraphs (b)(1)(ii) and (iii) of
this section apply.
(ii) You may use portable tree stands and/or blinds. You must
clearly label your tree stand(s) and/or blind(s) with your hunting
license number. You must remove your tree stand(s) and/or blind(s) no
later than 72 hours after the close of the season (see Sec. 27.93 of
this chapter).
(iii) You may retrieve moose at the Nulhegan Basin Division with
the use of a commercial moose hauler, if the hauler possesses a Special
Use Permit (FWS Form 3-1383-C) issued by the refuge manager.
(4) Sport fishing. We allow sport fishing on designated areas of
the refuge consistent with State regulations.
* * * * *
0
14. Amend Sec. 32.65 by:
0
a. Adding paragraph (b)(1)(vi);
0
b. Revising paragraph (b)(2)(i);
0
c. Adding paragraphs (b)(2)(vii) and (viii);
[[Page 41066]]
0
d. Revising paragraph (b)(3)(i);
0
e. Adding paragraphs (b)(4)(vi) and (c)(2)(iii);
0
f. Revising paragraph (c)(3)(i);
0
g. Adding paragraph (n)(1)(vi); and
0
h. Revising paragraphs (n)(2)(i) and (3)(i).
The additions and revisions read as follows:
Sec. 32.65 Virginia.
* * * * *
(b) * * *
(1) * * *
(vi) You may only use or possess approved non-lead shot shells and
ammunition while in the field (see Sec. 32.2(k)).
(2) * * *
(i) The conditions set forth at paragraphs (b)(1)(i) and (vi) of
this section apply. All occupants of a vehicle or hunt party must
possess a signed refuge hunt brochure and be actively engaged in
hunting unless aiding a disabled person who possesses a valid State
disabled hunting license.
* * * * *
(vii) Hunting is allowed only during the regular State deer season.
(viii) We prohibit hunting on Sundays.
(3) * * *
(i) The conditions set forth at paragraphs (b)(1)(vi) and
(b)(2)(i), (ii), and (v) through (viii) of this section apply.
* * * * *
(4) * * *
(vi) The condition set forth at paragraph (b)(1)(vi) of this
section applies.
(c) * * *
(2) * * *
(iii) We prohibit hunting on Sundays.
(3) * * *
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv)
through (v), and (c)(2)(iii) of this section apply.
* * * * *
(n) * * *
(1) * * *
(vi) You may only use or possess approved non-lead shot shells,
ammunition, and tackle while in the field (see Sec. 32.2(k)).
(2) * * *
(i) The conditions set forth in paragraphs (n)(1)(i), (iii), and
(vi) of this section apply.
* * * * *
(3) * * *
(i) The conditions set forth at paragraphs (n)(1)(i), (ii), (vi),
and (n)(2)(iv) of this section apply.
* * * * *
0
15. Amend Sec. 32.66 by revising paragraph (b)(4)(i) to read as
follows:
Sec. 32.66 Washington.
* * * * *
(b) * * *
(4) * * *
(i) On waters open to fishing, we allow fishing only from the start
of the State season to September 30, except that we allow fishing year-
round on Falcon, Heron, Goldeneye, Corral, Blythe, Chukar, and Scaup
Lakes.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-13360 Filed 6-22-23; 8:45 am]
BILLING CODE 4333-15-P