Published Proposed Rule (87 FR 35136)

35136

Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Proposed Rules

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 32
[Docket No. FWS–HQ–NWRS–2022–0055;
FXRS12610900000–223–FF09R20000]
RIN 1018–BF66

2022–2023 Station-Specific Hunting
and Sport Fishing Regulations
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:

Consistent with the steadfast
commitment to access to our National
Wildlife Refuges and continued efforts
to provide hunting and fishing
opportunities, we, the U.S. Fish and
Wildlife Service (Service), propose to
open, for the first time, two National
Wildlife Refuges (NWRs) that are
currently closed to hunting and sport
fishing. In addition, we propose to open
or expand hunting or sport fishing at 17
other NWRs and add pertinent stationspecific regulations for other NWRs that
pertain to migratory game bird hunting,
upland game hunting, big game hunting,
or sport fishing for the 2022–2023
season. 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 may
have negative impacts on both wildlife
and human health, and that those
impacts are more acute for some
species. Therefore, while the Service
continues to evaluate the future of lead
use in hunting and fishing on Service
lands and waters, this rulemaking
provides a measured approach in not
adding to the use of lead on refuge
lands. The Service will seek input from
partners in methods to address the use
of lead and commits to a transparent
process in doing so.
DATES:
Written comments: We will accept
comments received or postmarked on or
before August 8, 2022.
Information collection requirements:
If you wish to comment on the
information collection requirements in
this proposed rule, please note that the
Office of Management and Budget
(OMB) is required to make a decision
concerning the collection of information
contained in this proposed rule between

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SUMMARY:

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30 and 60 days after publication of this
proposed rule in the Federal Register.
Therefore, comments should be
submitted to OMB by August 8, 2022.
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–2022–0055,
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–
2022–0055, 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).
Information collection requirements:
Written comments and suggestions on
the information collection requirements
should be submitted by the date
specified above in DATES to https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. Please
provide a copy of your comments to
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB (JAO/3W), Falls Church, VA
22041–3803 (mail); or [email protected]
(email). Please reference OMB Control
Number 1018–0140 in the subject line of
your comments.
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.
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

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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 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 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 in
meeting 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

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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Proposed Rules
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 (16 U.S.C. 460k–460k-4)
(Recreation Act) 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 of
the Service’s hunting and/or sport
fishing regulations that we would
update since the last time we published
a rule amending these regulations (86
FR 48822; August 31, 2021) 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 now 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.

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TABLE 1—PROPOSED CHANGES FOR 2022–2023 HUNTING/SPORT FISHING SEASON
Station

State

Migratory bird
hunting

Upland game
hunting

Big game
hunting

Baskett Slough NWR ......................
Blackwater NWR ............................
Canaan Valley NWR ......................
Chincoteague NWR ........................
Crab Orchard NWR ........................
Eastern Neck NWR ........................
Erie NWR ........................................
Ernest F. Hollings ACE Basin NWR
Great Thicket NWR ........................
James River NWR ..........................
Patoka River NWR and Management Area.
Patuxent Research Refuge ............
Rachel Carson NWR ......................
Rappahannock River Valley NWR
San Diego NWR .............................
Shawangunk Grasslands NWR ......
Trustom Pond NWR .......................
Turnbull NWR .................................
Wallops Island NWR ......................

Oregon ...........................................
Maryland ........................................
West Virginia ..................................
Virginia ...........................................
Illinois .............................................
Maryland ........................................
Pennsylvania ..................................
South Carolina ...............................
New York/Maine .............................
Virginia ...........................................
Indiana ...........................................

E .....................
E .....................
Already Open ..
O .....................
E .....................
Closed .............
O .....................
Already Open ..
O .....................
O .....................
E .....................

Closed ............
O .....................
Already Open ..
O .....................
Already Open ..
O .....................
O .....................
Closed ............
O .....................
Already Open ..
E .....................

Closed ............
E .....................
E .....................
O/E .................
Already Open ..
E .....................
O .....................
E .....................
O .....................
Already Open ..
E .....................

Closed.
Already
Already
Already
Already
Already
E.
Already
Closed.
Already
E.

Maryland ........................................
Maine .............................................
Virginia ...........................................
California ........................................
New York .......................................
Rhode Island ..................................
Washington ....................................
Virginia ...........................................

E .....................
Already Open ..
O .....................
Closed ............
Closed ............
Already Open ..
Already Open ..
O .....................

E .....................
C .....................
Already Open ..
O .....................
Closed ............
O .....................
Closed ............
O .....................

E .....................
E .....................
Already Open ..
O .....................
O/E .................
O .....................
O .....................
O .....................

Already
Already
Already
Closed.
Closed.
Already
Closed.
Closed.

Key:
N = New station opened (New Station).

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Sport fishing

Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.
Open.

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O = New species and/or new activity on a station previously open to other activities (Opening).
E = Station already open to activity adds new lands/waters, modifies areas open to hunting or fishing, extends season dates, adds a targeted
hunt, modifies season dates, modifies hunting hours, etc. (Expansion).
C = Station closing certain species or the activity on some or all acres (Closing).

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The changes for the 2022–2023
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 will
continue to appropriately evaluate and
regulate lead ammunition and tackle on
Service lands and waters. The best
available science, analyzed as part of
this proposed rulemaking, indicates that
lead ammunition and tackle may have
negative impacts on both wildlife and
human health. Therefore, 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 that would increase the
use of lead on refuge lands. Patoka River
NWR is proposing to require non-lead
ammunition and tackle by fall 2026, and
if adopted in the final rule, this refugespecific proposed regulation would take
effect on September 1, 2026. Blackwater,
Canaan Valley, Chincoteague, Eastern
Neck, Erie, Great Thicket, Patuxent
Research Refuge, Rachel Carson, and
Wallops Island NWRs have analyzed the
phase-out of lead ammunition and
tackle by fall 2026 for their proposed
hunting and fishing opportunities in
their individual environmental
assessments and hunting and fishing
plans, and plan to propose the
regulatory requirement for using nonlead ammunition in the 2026–2027
annual 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 fishconsumption 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

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ADDRESSES. We will not consider handdelivered 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
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.) 13563
reaffirms the principles of E.O. 12866
while calling for improvements in the
nation’s regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for

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achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. 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 and sport fishing on 19
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 2,769 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

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activity and not necessarily an increase
in participation rates for the activity.

TABLE 2—ESTIMATED MAXIMUM CHANGE IN RECREATION OPPORTUNITIES IN 2022–2023
[2021 Dollars in thousands]
Station

Additional
hunting days

Additional
fishing days

Baskett Slough NWR ...................................................................................................................
Blackwater NWR ..........................................................................................................................
Canaan Valley NWR ....................................................................................................................
Chincoteague NWR .....................................................................................................................
Crab Orchard NWR .....................................................................................................................
Eastern Neck NWR .....................................................................................................................
Erie NWR .....................................................................................................................................
Ernest F. Hollings ACE Basin NWR ............................................................................................
Great Thicket NWR .....................................................................................................................
James River NWR .......................................................................................................................
Patoka River NWR and Management Area ................................................................................
Patuxent Research Refuge .........................................................................................................
Rachel Carson NWR ...................................................................................................................
Rappahannock River Valley NWR ..............................................................................................
San Diego NWR ..........................................................................................................................
Shawangunk Grasslands NWR ...................................................................................................
Trustom Pond NWR ....................................................................................................................
Turnbull NWR ..............................................................................................................................
Wallops Island NWR ....................................................................................................................

270
100
25
75
60
15
25
........................
175
75
17
100
10
100
1,002
75
60
560
25

........................
........................
........................
........................
........................
........................
30
........................
........................
........................
3
........................
........................
........................
........................
........................
........................
........................
........................

$9.5
3.5
0.9
2.6
2.1
0.5
2.0
0.0
6.2
2.6
0.6
3.6
0.4
3.5
35.3
2.6
2.1
19.7
0.9

Total ......................................................................................................................................

2,769

33

98.6

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 $99,000 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 $248,000 (2021 dollars)
(Southwick Associates, Inc., 2018).
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 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 $248,000 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,

Additional
expenditures

therefore, the real impact will be on the
order of about $50,000 annually.
Small businesses within the retail
trade industry (such as hotels, gas
stations, taxidermy shops, bait-andtackle 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
substantial number of small entities in
any region or nationally. As noted
previously, we expect at most $99,000
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
2022–2023; see table 2, above.

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TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2022–2023
[Thousands, 2021 dollars]

Retail trade in
1 2017

Station/county(ies)

Baskett Slough:
Polk, OR .........................................

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Estimated
maximum addition
from new activities

$454,935

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Addition as % of
total

$10

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Establishments in
1 2017

120

09JNP1

Establishments
with fewer than
10 employees in
1 2017

79

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TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2022–2023—Continued
[Thousands, 2021 dollars]
Retail trade in
1 2017

Station/county(ies)

Blackwater:
Wicomico, MD .................................
Dorchester, MD ...............................
Canaan Valley:
Grant, WV .......................................
Tucker, WV .....................................
Chincoteague:
Accomack, VA ................................
Crab Orchard:
Williamson, IL .................................
Eastern Neck:
Kent, MD .........................................
Erie:
Crawford, PA ..................................
Great Thicket:
Dutchess, NY ..................................
York, ME .........................................
James River:
Prince George, VA ..........................
Patoka River:
Pike, IN ...........................................
Gibson, IN .......................................
Patuxent Research Refuge:
Arundel, MD ....................................
Prince George, MD .........................
Rachel Carson:
York, ME .........................................
Cumberland, ME .............................
Rappahannock River Valley:
Essex, VA .......................................
King George, VA .............................
Westmoreland, VA ..........................
Richmond, VA .................................
Caroline, VA ....................................
San Diego:
San Diego, CA ................................
Shawangunk Grasslands:
Ulster, NY .......................................
Trustom Pond:
Washington, RI ...............................
Turnbull:
Spokane, WA ..................................
Wallops Island:
Accomack, VA ................................

lotter on DSK11XQN23PROD with PROPOSALS1

1 U.S.

Estimated
maximum addition
from new activities

Addition as % of
total

Establishments in
1 2017

Establishments
with fewer than
10 employees in
1 2017

1,983,533
541,191

2
2

<0.1
<0.1

376
100

226
74

118,297
70,798

<1
<1

<0.1
<0.1

42
28

28
20

405,539

3

<0.1

159

122

1,298,962

2

<0.1

259

168

216,681

1

<0.1

87

57

1,095,512

2

<0.1

293

197

4,321,906
2,972,219

3
3

<0.1
<0.1

1,084
871

784
640

317,610

1

<0.1

65

42

70,298
554,605

<1
<1

<0.1
<0.1

32
116

23
76

10,437,225
11,591,063

2
2

<0.1
<0.1

1,984
2,361

1,216
1,482

2,972,219
7,773,235

<1
<1

<0.1
<0.1

871
1,454

640
936

244,493
379,429
128,188
2,498,764
339,291

1
1
1
1
1

<0.1
<0.1
<0.1
<0.1
<0.1

65
64
44
795
63

48
42
31
578
48

51,587,171

35

<0.1

9,423

6,245

2,841,612

3

<0.1

747

546

2,314,122

2

<0.1

524

372

8,674,550

20

<0.1

1,627

1,036

405,539

<1

<0.1

159

122

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.

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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 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;

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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

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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Proposed Rules
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.

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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

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actions. Because this proposed rule
would add 2 NWRs to the list of refuges
open to hunting and sport fishing and
open or expand hunting or sport fishing
at 17 other 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
(NFHs) with Tribal governments having
adjoining or overlapping jurisdiction
before we propose the regulations.
Paperwork Reduction Act (PRA)
This proposed rule contains existing
information collections. All information
collections require approval by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). We
may not conduct or sponsor and you are
not required to respond to a collection
of information unless it displays a
currently valid OMB control number.
The OMB has reviewed and approved
the information collection requirements
associated with hunting and sport
fishing activities across the National
Wildlife Refuge System and National
Fish Hatchery System and assigned the
following OMB control numbers:
• 1018–0140, ‘‘Hunting and Sport
Fishing Application Forms and Activity
Reports for National Wildlife Refuges,
50 CFR 25.41, 25.43, 25.51, 26.32, 26.33,
27.42, 30.11, 31.15, 32.1 to 32.72’’
(Expires 12/31/2023),
• 1018–0102, ‘‘National Wildlife
Refuge Special Use Permit Applications
and Reports, 50 CFR 25, 26, 27, 29, 30,
31, 32, & 36’’ (Expires 01/31/2024),
• 1018–0135, ‘‘Electronic Federal
Duck Stamp Program’’ (Expires 01/31/
2023),
• 1018–0093, ‘‘Federal Fish and
Wildlife Permit Applications and
Reports—Management Authority; 50
CFR 13, 15, 16, 17, 18, 22, 23’’ (Expires
08/31/2023), and
• 1024–0252, ‘‘The Interagency
Access Pass and Senior Pass
Application Processes’’ (Expires 09/30/
2023).
In accordance with the PRA and its
implementing regulations at 5 CFR
1320.8(d)(1), we provide the general
public and other Federal agencies with
an opportunity to comment on our

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35141

proposal to revise OMB control number
1018–0140. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
As part of our continuing effort to
reduce paperwork and respondent
burdens, and in accordance with 5 CFR
1320.8(d)(1), we invite the public and
other Federal agencies to comment on
any aspect of this proposed information
collection, including:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
response.
Comments that you submit in
response to this proposed rulemaking
are a matter of public record. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The Service’s proposed rule (RIN
1018–BF66) would open, for the first
time, hunting and sport fishing on two
NWRs and open or expand hunting and
sport fishing at 17 other NWRs. The
additional burden associated with these
new or expanded hunting and sport
fishing opportunities, as well as the
revised information collections
identified below, require OMB approval.
Many refuges offer hunting and sport
fishing activities without collecting any
information. Those refuges that do
collect hunter and angler information do
so seasonally, usually once a year at the
beginning of the hunting or sport fishing
season. Some refuges may elect to
collect the identical information via a

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non-form format (letter, email, or
through discussions in person or over
the phone). Some refuges provide the
form electronically over the internet. In
some cases, because of high demand
and limited resources, we often provide
hunt opportunities by lottery, based on
dates, locations, or type of hunt.
The proposed changes to the existing
information collections identified below
require OMB approval:
Hunting Applications/Permit (FWS
Form 3–2439, Hunt Application—
National Wildlife Refuge System)
Form 3–2439 collects the following
information from individuals seeking
hunting experiences on the NWRs:
• Lottery Application: Refuges who
administer hunting via a lottery system
will use Form 3–2439 as the lottery
application. If the applicant is
successful, the completed Form 3–2439
also serves as their permit application,
avoiding a duplication of burden on the
public filling out two separate forms.
• Date of application: We often have
application deadlines, and this
information helps staff determine the
order in which we received the
applications. It also ensures that the
information is current.
• Methods: Some refuges hold
multiple types of hunts, i.e., archery,
shotgun, primitive weapons, etc. We ask
for this information to identify
opportunity(ies) a hunter is applying
for.
• Species Permit Type: Some refuges
allow only certain species, such as
moose, elk, or bighorn sheep, to be
hunted. We ask hunters to identify
which species they are applying to hunt
for.
• Applicant information: We collect
name, address, phone number(s), and
email so we can contact the applicant/
permittee either during the application
process, when the applicant is
successful in a lottery drawing, or after
receiving a permit.
• Party Members: Some refuges allow
the permit applicant to include
additional hunters in their group. We
collect the names of all additional
hunters, when allowed by the refuge.
• Parent/Guardian Contact
Information: We collect name,
relationship, address, phone number(s),
and email for a parent/guardian of youth
hunters. We ask for this information in
the event of an emergency.
• Date: We ask hunters for their
preferences for hunt dates.
• Hunt/Blind Location: We ask
hunters for their preferences for hunt
units, areas, or blinds.
• Special hunts: Some refuges hold
special hunts for youth, hunters who are

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This information is critical in
determining public use participation in
wildlife management programs. This not
only allows the refuge to manage its
hunt and other visitor use programs, but
also to increase and/or improve
facilities for non-consumptive uses that
are becoming more popular on refuges.
Data collected will also help managers
better allocate staff and resources to
serve the public as well as develop
annual performance measures.
• Success of harvest by hunters/
anglers (number and type of harvest/
caught). This information is critical to
wildlife management programs on
refuges. Each refuge will customize the
form by listing game species and
incidental species available on the
refuge, hunting methods allowed, and
Self-Clearing Check-in Permit (FWS
data needed for certain species (e.g., for
Form 3–2405)
deer, whether it is a buck or doe and the
FWS Form 3–2405 has three parts:
number of points; or for turkeys, the
• Self-Clearing Daily Check-in Permit. weight and beard and spur lengths).
Each user completes this portion of the
• Visitor observations of incidental
form (date of visit, name, and telephone species. This information will help
numbers) and deposits it in the permit
managers develop annual performance
box prior to engaging in any activity on
measures and provides information to
the refuge.
help develop resource management
• Self-Clearing Daily Visitor
planning.
Registration Permit. Each user must
• Photograph of animal harvested
complete the front side of the form
(specific refuges only). This requirement
(date, name, city, State, zip code, and
documents the sex of animal prior to the
purpose of visit) and carry this portion
hunter being eligible to harvest the
while on the refuge. At the completion
opposite sex (where allowed).
of the visit, each user must complete the
• Date of visit and/or area visited.
reverse side of the form (number of
• Comments. We encourage visitors
hours on refuge, harvest information
to comment on their experience.
(species and number), harvest method,
Proposed revisions to FWS Form 3–
angler information (species and
2405:
number), and wildlife sighted (e.g.,
With this submission, we propose the
black bear and hog)) and deposit it in
addition of a question asking hunters to
the permit box.
provide the total number of hunt days
• Self-Clearing Daily Vehicle Permit.
on the refuge (at the conclusion of their
The driver and each user traveling in
hunting activities). Refuge management
the vehicle must complete this portion
will use this information to monitor and
(date) and display in clear view in the
evaluate hunt quality and resource
vehicle while on the refuge.
impacts.
We use FWS Form 3–2405 to collect:
We will propose to renew, without
• Information on the visitor (name,
change, the remaining information
address, and contact information). We
collections identified below currently
use this information to identify the
approved by OMB:
visitor or driver/passenger of a vehicle
Sport Fishing Application/Permit (FWS
while on the refuge. This is extremely
Form 3–2358, ‘‘Sport Fishingvaluable information should visitors
Shrimping-Crabbing-Frogging Permit
become lost or injured. Law
Application’’)
enforcement officers can easily check
Form 3–2358 allows the applicant to
vehicles for these cards in order to
determine a starting point for the search choose multiple permit activities, and
requests the applicant provide the State
or to contact family members in the
fishing license number. The form
event of an abandoned vehicle. Having
provides the refuge with more flexibility
this information readily available is
critical in a search and rescue situation. to insert refuge-specific requirements/
• Purpose of visit (hunting, sport
instructions, along with a permit
fishing, wildlife observation, wildlife
number and dates valid for season
photography, auto touring, birding,
issued.
We collect the following information
hiking, boating/canoeing, visitor center,
from individuals seeking sport fishing
special event, environmental education
experiences:
class, volunteering, other recreation).
disabled, or other underserved
populations. We ask hunters to identify
if they are applying for these special
hunts. For youth hunts, we ask for the
age of the hunter at the time of the hunt.
• Signature and date: To confirm that
the applicant (and parent/guardian, if a
youth hunter) understands the terms
and conditions of the permit.
Proposed revisions to FWS Form 3–
2439:
With this submission, we propose to
add an option for refuges to allow
mobility impaired applicants to reserve
specific hunting blinds upon providing
proof of disability. The refuge will not
retain the proof of disability. The
documentation will be shredded upon
approval of the blind reservation.

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• Date of application: We often have
application deadlines, and this
information helps staff determine the
order in which we received the
applications. It also ensures that the
information is current.
• State fishing license number: We
ask for this information to verify the
applicant is legally licensed by the State
(where required).
• Permit Type: On sport fishing
permits, we ask what type of activity
(crabbing, shrimping, frogging, etc.) is
being applied for.
• Applicant information: We collect
name, address, phone number(s), and
email so we can contact the applicant/
permittee either during the application
process or after receiving a permit.
• Signature and date: To confirm that
the applicant (and parent/guardian, if a
youth hunter) understands the terms
and conditions of the permit.
Harvest/Fishing Activity Reports
We have one harvest/fishing activity
report, FWS Form 3–2439, to be
completed by hunters which addresses
the species unique to the refuge being
hunted. We ask users to report on their
success after their experience so that we
can evaluate hunt quality and resource
impacts.
We collect the following information
on the harvest reports:
• State-issued hunter identification
(ID)/license number (Note: Refuges/
hatcheries that rely on the State agency
to issue hunting permits are not
required to collect the permittee’s
personal identifying information (PII) on
the harvest form. Those refuges/
hatcheries may opt to collect only the
State ID number assigned to the hunter
in order to match harvest data with their
issued permit. Refuges/hatcheries will
collect either hunter PII or State-issued
ID number, but not both.).
• Species observed. Data will be used
by refuge/hatchery staff to document the

presence of rare or unusual species (e.g.,
endangered or threatened species, or
invasive species).
• Permit number/type. Data will be
used to link the harvest report to the
issued permit.
• Hunt Tag Number. Data will be
used to link the harvest report to the
species-specific hunt tag.
• Number of youth (younger than 18)
in party. Data will be used to better
understand volume of youth hunting on
a refuge/hatchery. Specific hunter
names are not collected, just total
number of youths in hunting party.
• Harvested by. Data will be used to
determine ratio of adults to youth
hunters. Specific hunter names are not
collected.
Labeling/Marking Requirements
As a condition of the permit, some
refuges require permittees to label
hunting and/or sport fishing gear used
on the refuge. This equipment may
include items such as the following: tree
stands, blinds, or game cameras;
hunting dogs (collars); flagging/trail
markers; boats; and/or sport fishing
equipment such as jugs, trotlines, and
crawfish or crab traps. Refuges require
the owner to label their equipment with
their last name, the State-issued
hunting/fishing license number, and/or
hunting/fishing permit number. Refuges
may also require equipment for youth
hunters include ‘‘YOUTH’’ on the label.
This minimal information is necessary
in the event the refuge needs to contact
the owner.
Required Notifications
On occasion, hunters may find their
game has landed outside of established
hunting boundaries. In this situation,
hunters must notify an authorized
refuge employee to obtain consent to
retrieve the game from an area closed to
hunting or entry only upon specific
consent. Certain refuges also require

Annual number
of responses

Completion time
per response
(minutes)

Fish/Crab/Shrimp Application/Permit (Form 3–2358) ............................................................
Harvest Reports (Forms 3–2542) ..........................................................................................
Hunt Application/Permit (Form 3–2439) ................................................................................
Labeling/Marking Requirements ............................................................................................
Required Notifications ............................................................................................................
Self-Clearing Check-In Permit (Form 3–2405) ......................................................................

2,662
591,577
361,359
2,341
498
673,618

5
15
10
10
30
5

222
147,894
60,227
390
249
56,135

Totals ..............................................................................................................................

1,632,055

..........................

265,117

Activity

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hunters to notify the refuge manager
when hunting specific species (e.g.,
black bear, bobcat, or eastern coyote)
with trailing dogs. Refuges
encompassing privately owned lands,
referred to as ‘‘easement overlay
refuges’’ or ‘‘limited-interest easement
refuges,’’ may also require the hunter to
obtain written or oral permission from
the landowner prior to accessing the
land.
Due to the wide range of hunting and
sport fishing opportunities offered on
NWRs and NFHs, the refuges and fish
hatcheries may customize the forms to
remove any fields that are not pertinent
to the recreational opportunities they
offer. Refuges will not add any new
fields to the forms, but the order of the
fields may be reorganized. Refuges may
also customize the forms with
instructions and permit conditions
specific to a particular unit for the
hunting/sport fishing activity. Copies of
the draft forms are available to the
public by submitting a request to the
Service Information Collection
Clearance Officer using one of the
methods identified above in ADDRESSES.
Title of Collection: Hunting and
Fishing Application Forms and Activity
Reports for National Wildlife Refuges
and National Fish Hatcheries, 50 CFR
parts 32 and 71.
OMB Control Number: 1018–0140.
Form Number: FWS Forms 3–2358, 3–
2405, 3–2439, and 3–2542.
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals and households.
Respondent’s Obligation: Required to
Obtain or Retain a Benefit.
Frequency of Collection: On occasion.
Estimated Annual Non-hour Burden
Cost: $87,365 (application fees
associated with hunting and sport
fishing activities).
Total annual
burden hours *

* Rounded.

The above burden estimates indicate
an expected total of 1,632,055 responses
and 265,117 burden hours across all of
our forms. These totals reflect expected

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increases of 1,652 responses and 270
burden hours relative to our previous
information collection request. We
expect minimal burden increases as a

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direct result of the increased number of
hunting and fishing opportunities on
Service stations under this proposed
rule.

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Send your comments and suggestions
on this information collection by the
date indicated under Information
collection requirements in DATES to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, 5275 Leesburg Pike,
MS: PRB (JAO/3W), Falls Church, VA
22041–3803 (mail); or [email protected]
(email). Please reference OMB Control
Number 1018–0140 in the subject line of
your comments.

lotter on DSK11XQN23PROD with PROPOSALS1

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 stationspecific 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

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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 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 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.

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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 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—HUNTING AND FISHING
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.

2. Amend § 32.7 by:
a. Redesignating paragraphs (e)(17)
through (23) as paragraphs (e)(18)
through (24) and adding a new
paragraph (e)(17);
■ b. Redesignating paragraphs (s)(2)
through (7) as paragraphs (s)(3) through
(8) and adding a new paragraph (s)(2);
and
■ d. Redesignating paragraphs (ff)(3)
through (10) as paragraphs (ff)(4)
through (11) and adding a new
paragraph (ff)(3).
The additions read as follows:
■
■

§ 32.7 What refuge units are open to
hunting and/or sport fishing?

*

*
*
*
*
(e) * * *
(17) San Diego National Wildlife
Refuge.
*
*
*
*
*
(s) * * *
(2) Great Thicket National Wildlife
Refuge.
*
*
*
*
*
(ff) * * *
(3) Great Thicket National Wildlife
Refuge.
*
*
*
*
*
■ 3. Amend § 32.24 by:
■ a. Revising paragraphs (m)(1)(ix) and
(m)(4)(i);

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b. Redesignating paragraphs (q)
through (w) as (r) through (x);
■ c. Adding new paragraph (q); and
■ d. Revising newly redesignated
paragraphs (t)(2)(ii) and (w)(2)(ii).
The revisions and addition read as
follows:
■

§ 32.24

California.

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*

*
*
*
*
(m) * * *
(1) * * *
(ix) We only allow access to the hunt
area by foot and nonmotorized cart.
*
*
*
*
*
(4) * * *
(i) We prohibit fishing from October 1
to January 31.
*
*
*
*
*
(q) San Diego National Wildlife
Refuge—(1) [Reserved]
(2) Upland game hunting. We allow
hunting of quail, mourning and whitewinged dove, spotted and ringed turtle
dove, Eurasian collared-dove, brush
rabbit, cottontail rabbit, and jackrabbit
on designated areas of the refuge subject
to the following conditions:
(i) Archery hunting of quail is limited
to September 1 to the closing date
established by the California
Department of Fish and Wildlife
(CDFW).
(ii) Hunting of brush rabbit and
cottontail rabbit is limited to September
1 to the closing date established by
CDFW.
(iii) Hunting of Eurasian collareddove and jackrabbit is limited to
September 1 to the last day of February.
(iv) We allow shotguns and archery
only. Falconry is prohibited.
(v) You may not possess more than 25
shot shells while in the field.
(vi) We allow the use of dogs when
hunting upland game.
(3) Big game hunting. We allow
hunting of mule deer on designated
areas of the refuge.
(4) [Reserved]
*
*
*
*
*
(t) * * *
(2) * * *
(ii) The conditions set forth at
paragraphs (t)(1)(ii) and (iii) of this
section apply.
*
*
*
*
*
(w) * * *
(2) * * *
(ii) The conditions set forth at
paragraphs (w)(1)(i) through (viii) of this
section apply.
*
*
*
*
*
■ 4. Amend § 32.29 by revising
paragraph (a)(3) to read as follows:
§ 32.29

*

*

Georgia.

*

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*

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(a) * * *
(3) Big game hunting. We allow
alligator hunting on designated areas of
the refuge subject to the following
condition: We only allow alligator
hunting on dates outlined by the State
of Georgia during the first two weekends
(from legal sunset Friday through legal
sunrise Monday) of the State alligator
season.
*
*
*
*
*
■ 5. Amend § 32.33 by revising
paragraph (c) to read as follows:
§ 32.33

Indiana.

*

*
*
*
*
(c) Patoka River National Wildlife
Refuge and Management Area—(1)
Migratory game bird hunting. We allow
hunting of duck, goose, merganser, coot,
woodcock, dove, snipe, rail, and crow
on designated areas of the refuge and
the White River Wildlife Management
Area subject to the following conditions:
(i) You must remove all boats, decoys,
blinds, and blind materials after each
day’s hunt (see §§ 27.93 and 27.94 of
this chapter).
(ii) We prohibit hunting and the
discharge of a weapon within 150 yards
(137 meters) of any dwelling or any
building that may be occupied by
people, pets, or livestock and within 50
yards (45 meters) of all designated
public use facilities, including, but not
limited to, parking areas and established
hiking trails listed in the refuge hunting
and fishing brochure.
(iii) You may only use or possess
approved non-lead shot shells,
ammunition, and tackle while in the
field.
(2) Upland game hunting. We allow
hunting of bobwhite quail, pheasant,
cottontail rabbit, squirrel (gray and fox),
red and gray fox, coyote, opossum,
striped skunk, and raccoon subject to
the following conditions:
(i) We allow the use of dogs for
hunting, provided the dog is under the
immediate control of the hunter at all
times.
(ii) The conditions set forth at
paragraphs (c)(1)(i) through (iii) of this
section apply.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i) through (iii) of this
section apply.
(ii) On the Columbia Mine Unit, you
may only hunt white-tailed deer during
the first week (7 days) of the following
seasons, as governed by the State:
archery, firearms, and muzzleloader.
(iii) On the Columbia Mine Unit, you
may leave portable tree stands overnight

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only when the unit is open to hunting
and for a 2-day grace period before and
after the special season.
(iv) On the Columbia Mine Unit, if
you use a rifle to hunt, you may use
only rifles allowed by State regulations
for hunting on public land.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow fishing from legal sunrise
to legal sunset.
(ii) We allow fishing only with rod
and reel, pole and line, bow and arrow,
or crossbow.
(iii) The minimum size limit for
largemouth bass on Snakey Point Marsh
and on the Columbia Mine Unit is 14
inches (35.6 centimeters).
(iv) We prohibit the taking of any
turtle, frog, leech, minnow, crayfish,
and mussel (clam) species by any
method on the refuge (see § 27.21 of this
chapter).
(v) You must remove boats at the end
of each day’s fishing activity (see § 27.93
of this chapter).
(vi) The condition set forth at
paragraph (c)(1)(iii) of this section
applies.
*
*
*
*
*
■ 6. Amend § 32.38 by:
■ a. Redesignating paragraphs (b)
through (g) as (c) through (h);
■ b. Adding new paragraph (b);
■ c. Revising newly redesignated
paragraphs (c)(2)(i), (c)(3)(i), (f)(2),
(f)(3)(i), (f)(3)(iii), and (f)(3)(vi);
■ d. Adding new paragraph (f)(3)(vii);
and
■ e. Revising newly redesignated
paragraphs (g)(2)(i) and (g)(3)(i).
The additions and revisions read as
follows:
§ 32.38

Maine.

*

*
*
*
*
(b) Great Thicket National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of duck, sea
duck, dark goose, light goose,
woodcock, and coot on designated areas
of the refuge subject to the following
conditions:
(i) You must obtain and sign a refuge
hunt information sheet and carry the
information sheet at all times.
(ii) We allow the use of dogs
consistent with State regulations.
(iii) We allow access for hunting from
one hour before legal hunting hours
until one hour after legal hunting hours.
(iv) We allow take of migratory birds
by falconry on the refuge during State
seasons.
(2) Upland game hunting. We allow
hunting of grouse and the incidental
take of fox and coyote while deer
hunting on designated areas of the

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refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i) through (b)(1)(iii) of
this section apply.
(ii) We prohibit night hunting of
coyote.
(iii) We allow take of grouse by
falconry on the refuge during the State
season.
(3) Big game hunting. We allow
hunting of wild turkey and white-tailed
deer, and the incidental take of fox and
coyote while deer hunting, on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (b)(1)(i) through (b)(1)(iii) of
this section apply.
(ii) All species harvested on the refuge
must be retrieved.
(4) [Reserved]
(c) * * *
(2) * * *
(i) The conditions set forth at
paragraphs (c)(1)(i), (ii) (except for
hunters pursuing raccoon and coyote at
night), (iii), and (iv) of this section
apply.
*
*
*
*
*
(3) * * *
(i) The conditions set forth at
paragraphs (c)(1)(i), (ii), and (iv) of this
section apply.
*
*
*
*
*
(f) * * *
(2) Upland game hunting. We allow
hunting of grouse, fox, and coyote on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (f)(1)(i) and (iii) of this
section apply.
(ii) We allow take of grouse by
falconry on the refuge during State
seasons.
(3) * * *
(i) The conditions as set forth at
paragraphs (f)(1)(i) and (iv) of this
section apply.
*
*
*
*
*
(iii) We allow turkey hunting during
the fall season as designated by the
State. Turkey hunting in the spring is a
mentor-led hunt only.
*
*
*
*
*
(vi) We allow access for hunting from
1 hour before legal hunting hours until
1 hour after legal hunting hours.
(vii) All species harvested on the
refuge must be retrieved.
*
*
*
*
*
(g) * * *
(2) * * *
(i) The conditions set forth at
paragraphs (g)(1)(i) through (iv) (except
for hunters pursing raccoon or coyote at
night) of this section apply.
*
*
*
*
*

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(3) * * *
(i) The conditions set forth at
paragraphs (g)(1)(i), (ii), and (iv) of this
section apply.
*
*
*
*
*
■ 7. Amend § 32.39 by:
■ a. Revising paragraph (a)(1)(i);
■ b. Adding paragraph (a)(2);
■ c. Revising paragraphs (a)(3)(i)(D),
(a)(3)(iii), and (a)(3)(v)(A);
■ d. Adding paragraphs (a)(4)(iii) and
(b)(2);
■ e. Revising paragraphs (b)(3)(i)(C) and
(b)(3)(iii)(A);
■ f. Adding paragraphs (b)(4)(iii) and
(c)(3)(iii); and
■ g. Revising paragraph (c)(4).
The revisions and additions read as
follows:
§ 32.39

Maryland.

*

*
*
*
*
(a) * * *
(1) * * *
(i) You must obtain, and possess
while hunting, a refuge waterfowl
hunting permit (printed and signed
copy of permit from Recreation.gov).
*
*
*
*
*
(2) Upland game hunting. We allow
incidental take of coyote during the
prescribed State season while deer
hunting on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(3)(i) through (v) apply.
(ii) Coyote may only be taken with
firearms and archery equipment allowed
during the respective deer seasons.
(iii) We prohibit the use of electronic
predator calls.
(iv) We require the use of non-lead
ammunition.
(3) * * *
(i) * * *
(D) We prohibit the use of rimfire or
centerfire rifles and all handguns,
except those that fire straight wall
cartridges as defined by State law that
are legal for deer hunting.
*
*
*
*
*
(iii) We allow turkey hunt permit
holders (printed and signed copy of
permit from Recreation.gov) to have an
assistant, who must remain within sight
and normal voice contact and abide by
the rules set forth in the refuge’s turkey
hunting brochure.
*
*
*
*
*
(v) * * *
(A) We require disabled hunters to
have an America the Beautiful Access
pass (OMB Control 1024–0252) in their
possession while hunting in disabled
areas.
*
*
*
*
*
(4) * * *

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(iii) We prohibit the use of lead
fishing tackle while fishing in refuge
waters.
(b) * * *
(2) Upland game hunting. We allow
incidental take of coyote during the
prescribed State season while deer
hunting on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (b)(3)(i) through (iii) apply.
(ii) Coyote may only be taken with
firearms and archery equipment allowed
during the respective deer seasons.
(iii) We prohibit the use of electronic
predator calls.
(iv) We require the use of non-lead
ammunition.
(3) * * *
(i) * * *
(C) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
*
*
*
*
*
(iii) * * *
(A) We require disabled hunters to
have an America the Beautiful Access
pass (OMB Control 1024–0252) in their
possession while hunting in disabled
areas.
*
*
*
*
*
(4) * * *
(iii) We prohibit the use of lead
fishing tackle while fishing from
designated shoreline areas on refuge.
(c) * * *
(3) * * *
(iii) We prohibit shooting a projectile
from a firearm, muzzleloader, bow, or
crossbow from, down, or across any
road that is traveled by vehicular traffic.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following condition: We
prohibit the use or possession of lead
fishing tackle.
*
*
*
*
*
■ 8. Amend § 32.45 by:
■ a. Revising paragraphs (b)(2) and
(v)(1); and
■ b. Adding new paragraph (v)(3)(v).
The revisions and addition read as
follows:
§ 32.45

Montana.

*

*
*
*
*
(b) * * *
(2) Upland game hunting. We allow
the hunting of pheasant, sharp-tailed
grouse, gray partridge, coyote, skunk,
red fox, raccoon, hare, rabbit, and tree

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squirrel on designated areas of the
district.
*
*
*
*
*
(v) * * *
(1) Migratory game bird hunting. We
allow hunting of goose, duck, and coot
on designated areas of the refuge subject
to the following condition: We allow the
use of dogs while hunting migratory
birds.
*
*
*
*
*
(3) * * *
(v) We prohibit hunting bear with
dogs.
*
*
*
*
*
■ 9. Amend § 32.51 by:
■ a. Redesignating paragraphs (c)
through (j) as (d) through (k);
■ b. Adding new paragraph (c); and
■ c. Revising newly redesignated
paragraphs (d)(2)(i), (d)(3)(ii),
(e)(1)(ii)(B) through (D), (e)(2)(i),
(e)(2)(iv), (e)(3)(i), (e)(3)(iii), (h)(3)
introductory text, (h)(3)(ii), (j)(2)(i), and
(j)(3)(i).
The addition and revisions read as
follows:
§ 32.51

New York.

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*
*
*
*
(c) Great Thicket National Wildlife
Refuge—(1)–(2) [Reserved]
(3) Big game hunting. We allow
hunting of wild turkey, white-tailed
deer, and black bear on designated areas
of the refuge subject to the following
conditions:
(i) Hunters must obtain a refuge
hunting permit (FWS Form 3–2439,
Hunt Application—National Wildlife
Refuge System). We require hunters to
possess a signed refuge hunting permit
at all times while scouting and hunting
on the refuge.
(ii) We prohibit the use of dogs.
(iii) Hunters may access the refuge 2
hours before legal sunrise and must
leave no later than 2 hours after legal
sunset.
(iv) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten deer
into moving in the direction of any
person(s) who is part of the organized or
planned hunt and known to be waiting
for the deer.
(v) We only allow archery hunting.
(4) [Reserved]
(d) * * *
(2) * * *
(i) The condition set forth at
paragraph (d)(1)(i) of this section
applies.
*
*
*
*
*
(3) * * *

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(ii) The condition set forth at
paragraph (d)(1)(i) of this section
applies.
*
*
*
*
*
(e) * * *
(1) * * *
(ii) * * *
(B) We allow hunting only on
Tuesdays, Thursdays, and Saturdays
during the established refuge season set
within the State western zone season,
and during New York State’s established
special hunts, which can occur any day
of the week as set by the State. Veteran
and active military hunters may be
accompanied by a qualified non-hunting
companion (qualified companions must
be of legal hunting age and possess a
valid hunting license, Federal Migratory
Bird Hunting and Conservation Stamp
(as known as ‘‘Federal Duck Stamp’’),
and Harvest Information Program (HIP)
number).
(C) All hunters with reservations and
their hunting companions must checkin at the Route 89 Hunter Check Station
area at least 1 hour before legal shooting
time or forfeit their reservation. Hunters
may not enter the refuge/Hunter Check
Station area earlier than 2 hours before
legal sunrise.
(D) We allow motorless boats to hunt
waterfowl. We limit hunters to one boat
per reservation and one motor vehicle in
the hunt area per reservation.
*
*
*
*
*
(2) * * *
(i) The condition set forth at
paragraph (e)(1)(i) of this section
applies.
*
*
*
*
*
(iv) We require the use of approved
non-lead shot for upland game hunting
(see § 32.2(k)).
(3) * * *
(i) The condition set forth at
paragraph (e)(1)(i) of this section
applies.
*
*
*
*
*
(iii) We allow white-tailed deer and
turkey hunters to access the refuge from
2 hours before legal sunrise until 2
hours after legal sunset.
*
*
*
*
*
(h) * * *
(3) Big game hunting. We allow
hunting of black bear, wild turkey, and
white-tailed deer on designated areas of
the refuge subject to the following
conditions:
*
*
*
*
*
(ii) You may hunt black bear, wild
turkey, and deer using archery
equipment only.
*
*
*
*
*
(j) * * *
(2) * * *

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(i) The conditions set forth at
paragraphs (j)(1)(i) through (iii) of this
section apply.
*
*
*
*
*
(3) * * *
(i) The conditions set forth at
paragraphs (j)(1)(i) and (ii), and (j)(2)(ii)
of this section apply.
*
*
*
*
*
■ 10. Amend § 32.56 by revising
paragraph (b)(1)(v) to read as follows:
§ 32.56

Oregon.

*

*
*
*
*
(b) * * *
(1) * * *
(v) We require youth waterfowl
hunters to check in and out at the
Hunter Check Station (refuge office),
which is open from 11⁄2 hours before
legal hunting hours to 8 a.m. and from
11 a.m. to 1 p.m. We prohibit hunting
after 12 p.m. (noon) for this hunt.
*
*
*
*
*
■ 11. Amend § 32.57 by revising
paragraph (b) to read as follows:
§ 32.57

Pennsylvania.

*

*
*
*
*
(b) Erie National Wildlife Refuge—(1)
Migratory game bird hunting. We allow
hunting of mourning dove, woodcock,
rail, Wilson’s snipe, Canada goose,
duck, coot, mute swan, and crow on
designated areas of the refuge subject to
the following conditions:
(i) We allow hunting and scouting
activities on the refuge from September
1 through the end of February. We also
allow scouting the 7 days prior to the
start of each season.
(ii) We allow use of nonmotorized
boats only for waterfowl hunting in
permitted areas.
(iii) We prohibit field possession of
migratory game birds in areas of the
refuge closed to migratory game bird
hunting.
(iv) We allow the use of dogs
consistent with State regulations.
(2) Upland game hunting. We allow
hunting of ruffed grouse, squirrel,
rabbit, woodchuck, pheasant, quail,
raccoon, fox, coyote, skunk, weasel,
porcupine, and opossum on designated
areas of the refuge subject to the
following conditions:
(i) We allow woodchuck hunting on
the refuge from September 1 through the
end of February.
(ii) We prohibit the use of raptors to
take small game.
(iii) The condition set forth at
paragraph (b)(1)(iv) of this section
applies.
(iv) We prohibit night hunting.
Hunters may access the refuge 2 hours
before sunrise and must leave no later
than 2 hours after sunset.

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(3) Big game hunting. We allow
hunting of deer, bear, turkey, and feral
hog on designated areas of the refuge
subject to the following conditions:
(i) We allow hunting of feral hogs on
the refuge from September 1 through the
end of February.
(ii) The condition set forth at
paragraph (b)(1)(iv) of this section
applies.
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We allow nonmotorized watercraft
use in Area 5. Watercraft must remain
in the area from the dike to 3,000 feet
(900 meters) upstream.
(ii) We prohibit the taking of turtle or
frog (see § 27.21 of this chapter).
(iii) We prohibit the collection or
release of baitfish. Possession of live
baitfish is prohibited on the Seneca
Division.
(iv) We prohibit the taking or
possession of shellfish on the refuge.
(v) We prohibit the use of lead fishing
tackle on the refuge.
(vi) We allow fishing from 1⁄2 hour
before sunrise until 1⁄2 hour after legal
sunset.
*
*
*
*
*
■ 12. Amend § 32.58 by:
■ a. Revising paragraph (d)(3)(iii); and
■ b. Adding paragraphs (e)(2) and (3).
The revision and additions read as
follows:
§ 32.58

Rhode Island.

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*

*
*
*
*
(d) * * *
(3) * * *
(iii) We only allow portable or
temporary stands and blinds that must
be removed from the refuge on the last
day of the refuge-authorized deer hunt
(see § 27.93 of this chapter). We prohibit
permanent tree stands. Stands and
blinds must be marked with the hunter’s
State hunting license number.
*
*
*
*
*
(e) * * *
(2) Upland game hunting. We allow
hunting of coyote and fox on designated
areas of the refuge subject to the
following conditions:
(i) The condition set forth at
paragraph (e)(3)(i) applies.
(ii) We only allow the incidental take
of coyote and fox during the refuge deer
hunting season with weapons
authorized for that hunt.
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) We require every hunter to possess
and carry a personally signed refuge
hunt permit (FWS Form 3–2439, Hunt

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Application—National Wildlife Refuge
System).
(ii) We only allow portable or
temporary stands and blinds that must
be removed from the refuge on the last
day of the permitted hunting session
(see § 27.93 of this chapter). We prohibit
permanent tree stands. Stands and
blinds must be marked with the hunter’s
State hunting license number.
(iii) We only allow the use of archery
equipment.
*
*
*
*
*
■ 13. Amend § 32.59 by:
■ a. Revising paragraph (c)(3)(iii);
■ b. Removing paragraph (c)(3)(x); and
■ c. Redesignating paragraphs (c)(3)(xi)
through (xiv) as (c)(3)(x) through (xiii).
The revision reads as follows:
§ 32.59

South Carolina.

*

*
*
*
*
(c) * * *
(3) * * *
(iii) Except for the special quota
permit hunts, we allow only archery or
muzzleloader hunting for deer. We only
allow muzzleloading rifles using a
single projectile on the muzzleloader
hunts. We prohibit buckshot. During
special quota permit hunts, we allow
use of centerfire rifles or shotguns. We
only allow shotguns for turkey hunts.
*
*
*
*
*
■ 14. Amend § 32.63 by revising
paragraphs (b)(2) introductory text and
(b)(2)(i) to read as follows:
§ 32.63

Utah.

*

*
*
*
*
(b) * * *
(2)Upland game hunting.We allow
hunting of chukar, desertcottontail
rabbit, and mountaincottontail rabbit on
designated areas of the refuge subject to
the following conditions:
(i) We close to hunting on the last day
of the State waterfowl season.
*
*
*
*
*
■ 15. Amend § 32.64 by adding
paragraph (a)(1)(viii)(C) to read as
follows:
§ 32.64

Vermont.

*

*
*
*
*
(a) * * *
(1) * * *
(viii) * * *
(C) We limit hunting to Saturdays,
Sundays, and Wednesdays throughout
the waterfowl hunting season for duck.
*
*
*
*
*
■ 16. Amend § 32.65 by:
■ a. Revising paragraphs (a)(4)(ii),
(a)(4)(iii), (b), (c), and (f)(1)(ii);
■ b. Adding new paragraphs (f)(1)(vi)
and (h)(1);
■ c. Revising paragraphs (h)(3)(ii),
(h)(3)(iv), (j)(2), and (j)(3)(v);

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d. Adding paragraph (m)(1);
e. Revising paragraph (m)(3);
f. Adding paragraphs (n)(1) and (2);
and
■ g. Revising paragraph (n)(3).
The revisions and addition read as
follows:
■
■
■

§ 32.65

Virginia.

*

*
*
*
*
(a) * * *
(4) * * *
(ii) You may surf fish, crab, and clam
south of the refuge’s beach access ramp.
We allow night surf fishing by permit
(FWS Form 3–2358) in this area on
dates and at times designated on the
permit.
(iii) For sport fishing in D Pool:
(A) We only allow fishing from the
docks or banks in D Pool. We prohibit
boats, canoes, and kayaks on D Pool.
(B) You must catch and release all
freshwater game fish. The daily creel
limit for D Pool for other species is a
maximum combination of any 10
nongame fish.
(C) Parking for non-ambulatory
anglers is available adjacent to the dock
at D Pool. All other anglers must enter
the area by foot or bicycle.
(b) Chincoteague National Wildlife
Refuge—(1) Migratory game bird
hunting. We allow hunting of
waterfowl, coot, snipe, gallinule, dove,
woodcock, crow, and rail on designated
areas of the refuge subject to the
following conditions:
(i) Hunters must obtain and possess a
signed refuge hunt brochure while
hunting on the refuge.
(ii) Hunters may only access hunting
areas by boat. We allow hunters to
access the refuge from 2 hours before
legal sunrise until 2 hours after legal
sunset.
(iii) We allow hunting during State
seasons from September 16 to March 14.
(iv) We allow the use of dogs while
hunting consistent with State
regulations.
(v) We prohibit the use of permanent
blinds and pit blinds. You must remove
portable blinds and decoys at the end of
each day’s hunt.
(vi) We prohibit the possession or use
of lead shot while hunting any
migratory game species.
(2) Upland game hunting. We allow
hunting of raccoon, opossum, fox, and
coyote on designated areas of the refuge
subject to the following conditions:
(i) The condition set forth at
paragraph (b)(1)(i) of this section
applies. 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.

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(ii) Hunters must sign in at the hunter
check station prior to hunting and sign
out prior to exiting the refuge.
(iii) We prohibit the hunting of
upland game at night. Hunters may
access the refuge from 2 hours before
legal sunrise until 2 hours after legal
sunset.
(iv) We prohibit the use of dogs while
hunting upland game.
(v) We prohibit firearms in designated
archery-only areas.
(vi) You may not hunt, discharge a
firearm, or nock an arrow or crossbow
bolt within 100 feet (30.5 meters) of any
building, road, or trail.
(vii) We prohibit the possession or use
of lead ammunition while hunting
upland game species.
(3) Big game hunting. We allow
hunting of white-tailed deer, sika, and
wild turkey on designated areas of the
refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (b)(2)(i), (ii), (v), and (vi) of
this section apply.
(ii) Hunters may access the refuge
from 2 hours before legal sunrise until
2 hours after legal sunset.
(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iv) We prohibit the use of pursuit
dogs while hunting white-tailed deer
and sika.
(v) We allow the use of portable tree
stands, but you must remove them at the
end of each day’s hunt.
(vi) We allow limited hunting of wild
turkey during designated State spring
and fall seasons only when in the
possession of a valid refuge turkey quota
hunt permit.
(vii) We prohibit the use or possession
of lead ammunition while hunting wild
turkey.
(4) Sport fishing. We allow sport
fishing, crabbing, and clamming from
the shoreline of the refuge in designated
areas subject to the following
conditions:
(i) You must attend minnow traps,
crab traps, crab pots, and handlines at
all times.
(ii) We prohibit the use of seine nets
and pneumatic (compressed air or
otherwise) bait launchers.
(iii) The State regulates certain
species of finfish, shellfish, and
crustacean (crab) using size or
possession limits. You may not alter
these species, to include cleaning or
filleting, in such a way that we cannot
determine its species or total length.

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(iv) In order to fish after the refuge
closes for the day, anglers must obtain
an overnight fishing pass (name/
address/phone) issued by the National
Park Service. Anglers can obtain a pass
in person at the National Park Service
Tom’s Cove Visitor Center.
(v) We allow the possession or use of
only three surf fishing poles per
licensed angler, and those poles must be
attended at all times. This includes
persons age 65 or older who are licenseexempt in Virginia.
(c) Eastern Shore of Virginia National
Wildlife Refuge—(1) Migratory game
bird hunting. We allow hunting of
waterfowl, rail, snipe, gallinule, coot,
woodcock, dove, and crow on
designated areas of the refuge subject to
the following conditions:
(i) We allow holders of a signed refuge
hunt brochure (signed brochure) to
access areas of the refuge typically
closed to the non-hunting public. All
occupants of a vehicle or hunt party
must possess a signed brochure and be
actively engaged in hunting. We allow
an exception for those persons aiding a
disabled person who possesses a valid
State-issued Commonwealth of Virginia
Disabled Resident Lifetime License or
Commonwealth of Virginia Resident
Disabled Veteran’s Lifetime License.
(ii) Hunters may enter the refuge no
earlier than 2 hours prior to legal
sunrise and must exit the refuge no later
than 2 hours after legal sunset.
(iii) We allow the use of dogs
consistent with State and Northampton
County regulations on designated areas
of the refuge.
(iv) We allow hunting on the refuge
only from September 1 until February
28. Hunting will follow State seasons
during that period.
(v) You may not hunt, discharge a
firearm, or nock an arrow or crossbow
bolt outside of designated hunt areas or
within 100 feet (30.5 meters) of a
building, road or improved trail.
(vi) We prohibit the possession or use
of lead ammunition while hunting.
(vii) We prohibit the use of permanent
blinds and pit blinds. You must remove
portable blinds and decoys at the end of
each day’s hunt.
(2) Upland game hunting. We allow
hunting of rabbit, squirrel, quail,
raccoon, opossum, fox, and coyote on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i) through (vi) of this
section apply.
(ii) We prohibit the hunting of upland
game at night.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild

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35149

turkey on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (c)(1)(i), (ii), and (iv) through
(vi) of this section apply.
(ii) We allow turkey hunting during
the spring season only for a mentor-led
hunt.
(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iv) We allow the use of portable tree
stands. We require removal of the stands
after each day’s hunt (see § 27.93 of this
chapter).
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) Anglers may access the refuge to
fish from designated shore areas 1⁄2 hour
before legal sunrise to 1⁄2 hour after legal
sunset.
(ii) Anglers may access State waters
via the Wise Point Boat Ramp on the
refuge from 5 a.m. to 10 p.m.
*
*
*
*
*
(f) * * *
(1) * * *
(ii) We allow holders of a signed
refuge hunt brochure (signed brochure)
to access areas of the refuge typically
closed to the non-hunting public. All
occupants of a vehicle, boat, or hunt
party must possess a signed brochure
and be actively engaged in hunting. We
allow an exception for those persons
aiding a disabled person who possesses
a valid State-issued Commonwealth of
Virginia Disabled Resident Lifetime
License or Commonwealth of Virginia
Resident Disabled Veteran’s Lifetime
License.
*
*
*
*
*
(vi) We prohibit the possession or use
of lead ammunition while hunting.
*
*
*
*
*
(h) * * *
(1) Migratory game bird hunting. We
allow hunting of waterfowl on
designated areas of the refuge subject to
the following conditions:
(i) We allow waterfowl hunting only
during the mentor-led hunts.
(ii) We allow the use of retrieval dogs
consistent with State regulations.
*
*
*
*
*
(3) * * *
(ii) We require spring turkey hunters
to obtain a refuge hunting permit (FWS
Form 3–2439) through a lottery
administered by a designated thirdparty vendor.
*
*
*
*
*

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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Proposed Rules

(iv) We prohibit the possession or use
of lead ammunition when hunting
spring wild turkey.
*
*
*
*
*
(j) * * *
(2) Upland game hunting. We allow
hunting of coyote and fox on designated
areas of the refuge subject to the
following conditions:
(i) We only allow the incidental take
of coyote and fox during the refuge deer
hunting season.
(ii) We require the use of non-lead
ammunition when hunting coyote and
fox.
(3) * * *
(v) We require the use of non-lead
ammunition when hunting wild turkey.
*
*
*
*
*
(m) * * *
(1) Migratory game bird hunting. We
allow hunting of waterfowl on
designated areas of the refuge subject to
the following conditions:
(i) Hunters may only hunt waterfowl
during designated days and times. The
refuge provides dates for the waterfowl
hunting season in the annual refuge
hunt brochure.
(ii) In designated areas, we require
hunters to possess and carry a refuge
hunting permit (FWS Form 3–2439)
obtained from a designated third-party
vendor.
(iii) We allow the use of retrieval dogs
consistent with State regulations.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (m)(1)(ii) and (m)(2)(i) of this
section apply.
(ii) We prohibit the possession or use
of lead ammunition when hunting
spring wild turkey.
(iii) Hunters may enter the refuge no
earlier than 1 hour prior to the start of
legal shooting time and must exit the
refuge no later than 1 hour after the end
of legal shooting time.
(iv) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
*
*
*
*
*
(n) * * *
(1) Migratory game bird hunting. We
allow hunting of waterfowl, rail, coot,
snipe, gallinule, dove, woodcock, and
crow on designated areas of the refuge
subject to the following conditions:

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(i) You must obtain and possess a
signed refuge hunt brochure while
hunting on the refuge.
(ii) You may access the refuge from 2
hours before legal sunrise until 2 hours
after legal sunset.
(iii) We allow hunting during State
seasons from September 16 to March 14.
(iv) We allow the use of dogs while
hunting consistent with State
regulations.
(v) We prohibit the use of permanent
blinds and pit blinds. You must remove
portable blinds and decoys at the end of
each day’s hunt (see § 27.93 of this
chapter).
(vi) We prohibit the possession or use
of lead shot while hunting any
migratory game species.
(2) Upland game hunting. We allow
hunting of raccoon, opossum, fox,
coyote, rabbit, and squirrel on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth in
paragraphs (n)(1)(i) and (iii) of this
section apply.
(ii) We prohibit the hunting of upland
game at night. You may access the
refuge from 2 hours before legal sunrise
until 2 hours after legal sunset.
(iii) We prohibit the use of pursuit
dogs while hunting upland game.
(iv) You may not hunt, discharge a
firearm, or nock an arrow or crossbow
bolt within 100 feet (30.5 meters) of any
building, road, or trail.
(v) We prohibit the use or possession
of lead ammunition while hunting
upland game species.
(3) Big game hunting. We allow
hunting of white-tailed deer and wild
turkey on designated areas of the refuge
subject to the following conditions:
(i) The conditions set forth at
paragraphs (n)(1)(i) and (n)(2)(iv) of this
section apply.
(ii) We prohibit organized deer drives.
We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iii) We prohibit the use of pursuit
dogs while hunting white-tailed deer
and wild turkey.
(iv) We allow the use of portable tree
stands, but you must remove them at the
end of each day’s hunt (see § 27.93 of
this chapter).
(v) We allow limited hunting of
turkey during designated State spring
and fall seasons only when in the
possession of a valid refuge turkey quota
hunt permit.

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(vi) We prohibit the use or possession
of lead ammunition for hunting wild
turkey.
*
*
*
*
*
■ 17. Amend § 32.66 by revising
paragraph (l)(3) to read as follows:
§ 32.66

Washington.

*

*
*
*
*
(l) * * *
(3) Big game hunting. We allow
hunting of elk and turkey on designated
areas of the refuge subject to the
following conditions:
(i) Elk hunters must obtain a letter
from the refuge manager assigning them
a hunt unit.
(ii) Elk hunters may access the refuge
no earlier than 2 hours before State legal
shooting time and must leave no later
than 5 hours after the end of State legal
hunting hours.
(iii) Elk hunters not using approved
nontoxic ammunition (see § 32.2(k))
must remove or bury the visceral
remains of harvested animals.
(iv) We allow turkey hunting during
the fall season only.
(v) We prohibit the possession or use
of toxic shot by hunters using shotguns
(see § 32.2(k)) when hunting turkey.
(vi) For turkey hunting, the condition
set forth at paragraph (l)(1)(iv) of this
section applies.
*
*
*
*
*
■ 18. Amend § 32.67 by revising
paragraphs (a)(1)(v), (a)(2), and (a)(3) to
read as follows:
§ 32.67

West Virginia.

*

*
*
*
*
(a) * * *
(1) * * *
(v) We allow dog training and
scouting 7 days prior to legal hunting
seasons.
(2) Upland game hunting. We allow
the hunting of ruffed grouse, squirrel,
cottontail rabbit, snowshoe hare, red
fox, gray fox, bobcat, woodchuck,
coyote, opossum, skunk, and raccoon on
designated areas of the refuge subject to
the following conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i) and (v) of this
section apply.
(ii) You may hunt coyote, raccoon,
and fox at night, but you must obtain a
Special Use Permit (FWS Form 3–1383–
G) at the refuge headquarters before
hunting.
(iii) We allow hunting in Unit 2 with
the following equipment: Rifle, archery
(including crossbow), shotgun, or
muzzleloader. If a rifle is used in Unit
2, it must be from an elevated stand. We
prohibit stalking game with a rifle.
(iv) We prohibit the hunting of upland
game species from March 1 through
August 31.

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(v) We allow the use of dogs for
hunting of raccoon, cottontail rabbit,
and snowshoe hare consistent with
State regulations.
(3) Big game hunting. We allow the
hunting of white-tailed deer, black bear,
bobcat, and turkey on designated areas
of the refuge subject to the following
conditions:
(i) The conditions set forth at
paragraphs (a)(1)(i), (ii), and (v) and
(a)(2)(iii) of this section apply.
(ii) We allow the use of dogs for
hunting black bear during the firearm
season.
(iii) We prohibit organized deer
drives. We define a ‘‘deer drive’’ as an
organized or planned effort to pursue,
drive, chase, or otherwise frighten or
cause deer to move in the direction of
any person(s) who is part of the
organized or planned hunt and known
to be waiting for the deer.
(iv) Hunters are required to harvest an
antlerless deer prior to harvesting a
buck.
(v) You must label portable tree
stands with your last name and State
license number. You may erect your
stand(s) on the first day of the hunting
season. You must remove your stand(s)
by the last day of the hunting season
(see § 27.93 of this chapter).
*
*
*
*
*
■ 19. Amend § 32.68 by:
■ a. Revising paragraphs (a)(3), (b)(3)(i)
through (iii), (b)(4), (d)(2)(ii), (d)(2)(viii),
(d)(3)(i), and (d)(3)(iv);
■ b. Adding paragraph (d)(4)(iii);
■ c. Revising paragraphs (e)(1), (e)(3),
and (e)(4);
■ d. Adding paragraphs (g)(1)(iii)
through (v);
■ e. Revising paragraphs (g)(2)(i), (g)(3),
(g)(4), (j)(1), and (j)(3); and
■ f. Adding paragraph (j)(4)(iii).
The revisions and additions read as
follows:
§ 32.68

Wisconsin.

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*

*
*
*
*
(a) * * *
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) You must remove all boats, decoys,
game cameras, blinds, blind materials,
stands, platforms, and other personal
equipment brought onto the refuge at
the end of each day’s hunt (see § 27.93
of this chapter). We prohibit hunting
from any stand left up overnight.
(ii) Hunters may enter the refuge no
earlier than 2 hours before legal
shooting hours and must exit the refuge
no later than 2 hours after legal shooting
hours end.
(iii) Any ground blind used during
any gun deer season must display at

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least 144 square inches (929 square
centimeters) of solid, blaze-orange or
fluorescent pink material visible from
all directions.
*
*
*
*
*
(b) * * *
(3) * * *
(i) You must remove all boats, decoys,
game cameras, blinds, blind materials,
stands, platforms, and other personal
equipment brought onto the refuge at
the end of each day’s hunt (see § 27.93
of this chapter). We prohibit hunting
from any stand left up overnight.
(ii) Hunters may enter the refuge no
earlier than 2 hours before legal
shooting hours and must exit the refuge
no later than 2 hours after legal shooting
hours end.
(iii) Any ground blind used during
any gun deer season must display at
least 144 square inches (929 square
centimeters) of solid, blaze-orange or
fluorescent pink material visible from
all directions.
*
*
*
*
*
(4) Sport fishing. We allow sport
fishing on designated areas of the refuge
subject to the following conditions:
(i) We only allow fishing from the
shoreline; we prohibit fishing from
docks, piers, and other structures.
(ii) We prohibit the taking of any
mussel (clam), crayfish, frog, leech, or
turtle species by any method on the
refuge (see § 27.21 of this chapter).
*
*
*
*
*
(d) * * *
(2) * * *
(ii) We prohibit night hunting of
upland game from 30 minutes after legal
sunset until 30 minutes before legal
sunrise the following day.
*
*
*
*
*
(viii) Hunters may enter the refuge no
earlier than 2 hours before legal
shooting hours and must exit the refuge
no later than 2 hours after legal shooting
hours.
*
*
*
*
*
(3) * * *
(i) You must remove all boats, decoys,
game cameras, blinds, blind materials,
stands, platforms, and other personal
equipment brought onto the refuge at
the end of each day’s hunt (see § 27.93
of this chapter). We prohibit hunting
from any stand left up overnight.
*
*
*
*
*
(iv) The condition set forth at
paragraph (d)(2)(viii) applies.
*
*
*
*
*
(4) * * *
(iii) We prohibit the taking of any
mussel (clam), crayfish, frog, leech, or
turtle species by any method on the
refuge (see § 27.21 of this chapter).
*
*
*
*
*

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(e) * * *
(1) Migratory game bird hunting. We
allow hunting of migratory game birds
throughout the district, except that we
prohibit hunting on the Blue Wing
Waterfowl Production Area (WPA) in
Ozaukee County and on the Wilcox
WPA in Waushara County, subject to
the following conditions:
(i) We allow the use of hunting dogs,
provided the dog is under the
immediate control of the hunter at all
times.
(ii) You must remove all boats,
decoys, game cameras, blinds, blind
materials, stands, platforms, and other
personal equipment brought onto the
refuge at the end of each day’s hunt (see
§ 27.93 of this chapter). We prohibit
hunting from any stand left up
overnight.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of big game throughout the
district, except that we prohibit hunting
on the Blue Wing WPA in Ozaukee
County and on the Wilcox WPA in
Waushara County, subject to the
following conditions:
(i) Any ground blind used during any
gun deer season must display at least
144 square inches (929 square
centimeters) of solid, blaze-orange or
fluorescent pink material visible from
all directions.
(ii) The condition set forth at
paragraph (e)(1)(ii) of this section
applies.
(4) Sport fishing. We allow sport
fishing on WPAs throughout the district
subject to the following conditions.
(i) We prohibit the use of motorized
boats while fishing.
(ii) We prohibit the taking of any
mussel (clam), crayfish, frog, leech, or
turtle species by any method on the
refuge (see § 27.21 of this chapter).
*
*
*
*
*
(g) * * *
(1) * * *
(iii) We prohibit the use of motorized
boats while hunting and fishing.
(iv) During the State-approved
hunting season, we allow the use of
hunting dogs, provided the dog is under
the immediate control of the hunter at
all times.
(v) You must remove all boats,
decoys, game cameras, blinds, blind
materials, stands, platforms, and other
personal equipment brought onto the
refuge at the end of each day’s hunt (see
§ 27.93 of this chapter). We prohibit
hunting from any stand left up
overnight.
(2) * * *

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Federal Register / Vol. 87, No. 111 / Thursday, June 9, 2022 / Proposed Rules

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(i) The conditions set forth at
paragraphs (g)(1)(i) through (iv) of this
section apply.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of big game on designated areas
throughout the district subject to the
following conditions:
(i) We prohibit hunting on designated
portions of the St. Croix Prairie WPA
and the Prairie Flats–South WPA in St.
Croix County.
(ii) Any ground blind used during any
gun deer season must display at least
144 square inches (929 square
centimeters) of solid-blaze-orange or
fluorescent pink material visible from
all directions.
(iii) The conditions set forth at
paragraphs (g)(1)(iii) through (v) of this
section apply.
(4) Sport fishing. We allow sport
fishing on WPAs throughout the district
subject to the following conditions.

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(i) We prohibit the taking of any
mussel (clam), crayfish, frog, leech, or
turtle species by any method on the
refuge (see § 27.21 of this chapter).
(ii) The condition set forth at
paragraph (g)(1)(iii) of this section
applies.
*
*
*
*
*
(j) * * *
(1) Migratory game bird hunting. We
allow hunting of waterfowl on
designated areas of the refuge subject to
the following conditions:
(i) You must remove all boats, decoys,
game cameras, blinds, blind materials,
stands, platforms, and other personal
equipment brought onto the refuge at
the end of each day’s hunt (see § 27.93
of this chapter). We prohibit hunting
from any stand left up overnight.
(ii) Hunters may enter the refuge no
earlier than 2 hours before legal
shooting hours and must exit the refuge
no later than 2 hours after legal shooting
hours end.

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(iii) We prohibit the use of motorized
boats while hunting and fishing.
*
*
*
*
*
(3) Big game hunting. We allow
hunting of white-tailed deer on
designated areas of the refuge subject to
the following conditions:
(i) We allow archery deer hunting to
take place on refuge lands owned by the
Service that constitute tracts greater
than 20 acres (8 hectares).
(ii) The conditions set forth at
paragraphs (j)(1)(i) and (ii) of this
section apply.
(4) * * *
(iii) The condition set forth at
paragraph (j)(1)(iii) applies.
*
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2022–12463 Filed 6–8–22; 8:45 am]
BILLING CODE 4333–15–P

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