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41058 Federal Register / Vol. 88, No.

120 / Friday, June 23, 2023 / Proposed Rules

• Is not a significant regulatory action List of Subjects in 40 CFR Part 52 • Electronically: Go to the Federal
subject to Executive Order 13211 (66 FR Environmental protection, Air eRulemaking Portal: https://
28355, May 22, 2001); and pollution control, Incorporation by www.regulations.gov. In the Search box,
• Is not subject to requirements of reference, Ozone, Reporting and type in FWS–HQ–NWRS–2023–0038,
section 12(d) of the National recordkeeping requirements, Volatile which is the docket number for this
Technology Transfer and Advancement organic compounds. rulemaking. Then, click on the Search
Act of 1995 (15 U.S.C. 272 note) because button. On the resulting screen, find the
Dated: June 14, 2023. correct document and submit a
application of those requirements would David Cash, comment by clicking on ‘‘Comment.’’
be inconsistent with the Clean Air Act. Regional Administrator, EPA Region 1. • By hard copy: Submit by U.S. mail
• In addition, the SIP is not approved [FR Doc. 2023–13229 Filed 6–22–23; 8:45 am] or hand delivery: Public Comments
to apply on any Indian reservation land BILLING CODE 6560–50–P Processing, Attn: FWS–HQ–NWRS–
or in any other area where EPA or an 2023–0038, U.S. Fish and Wildlife
Indian tribe has demonstrated that a Service, 5275 Leesburg Pike, MS: PRB
tribe has jurisdiction. In those areas of DEPARTMENT OF THE INTERIOR (JAO/3W), Falls Church, VA 22041–
Indian country, the rule does not have 3803.
tribal implications and will not impose Fish and Wildlife Service We will not accept email or faxes. We
substantial direct costs on tribal will post all comments on https://
governments or preempt tribal law as 50 CFR Part 32 www.regulations.gov. This generally
specified by Executive Order 13175 (65 [Docket No. FWS–HQ–NWRS–2023–0038;
means that we will post any personal
FR 67249, November 9, 2000). FXRS12610900000–234–FF09R20000] information you provide us (see Request
Executive Order 12898 (Federal for Comments, below, for more
RIN 1018–BG71 information).
Actions To Address Environmental
Justice in Minority Populations and Supporting documents: For
National Wildlife Refuge System; 2023– information on a specific refuge’s or
Low-Income Populations, 59 FR 7629, 2024 Station-Specific Hunting and
Feb. 16, 1994) directs Federal agencies hatchery’s public use program and the
Sport Fishing Regulations conditions that apply to it, contact the
to identify and address
AGENCY: Fish and Wildlife Service, respective regional office at the address
‘‘disproportionately high and adverse
Interior. or phone number given in Available
human health or environmental effects’’
ACTION: Proposed rule. Information for Specific Stations under
of their actions on minority populations
SUPPLEMENTARY INFORMATION.
and low-income populations to the SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: Kate
greatest extent practicable and Wildlife Service (Service), propose to
permitted by law. EPA defines Harrigan, (703) 358–2440. Individuals in
expand hunting opportunities on three the United States who are deaf,
environmental justice (EJ) as ‘‘the fair National Wildlife Refuges (NWRs). We
treatment and meaningful involvement deafblind, hard of hearing, or have a
also propose to make changes to existing speech disability may dial 711 (TTY,
of all people regardless of race, color, station-specific regulations in order to TDD, or TeleBraille) to access
national origin, or income with respect reduce the regulatory burden on the telecommunications relay services.
to the development, implementation, public, increase access for hunters and Individuals outside the United States
and enforcement of environmental laws, anglers on Service lands and waters, should use the relay services offered
regulations, and policies.’’ EPA further and comply with a Presidential mandate within their country to make
defines the term fair treatment to mean for plain language standards. Finally, international calls to the point-of-
that ‘‘no group of people should bear a the best available science, analyzed as contact in the United States.
disproportionate burden of part of this proposed rulemaking,
environmental harms and risks, SUPPLEMENTARY INFORMATION:
indicates that lead ammunition and
including those resulting from the tackle have negative impacts on both Background
negative environmental consequences of wildlife and human health. In this The National Wildlife Refuge System
industrial, governmental, and proposed rule, Blackwater, Administration Act of 1966 (16 U.S.C.
commercial operations or programs and Chincoteague, Eastern Neck, Erie, Great 668dd–668ee), as amended
policies.’’ Thicket, Patuxent Research Refuge, (Administration Act), closes NWRs in
The RI DEM did not evaluate Rachel Carson, and Wallops Island all States except Alaska to all uses until
environmental justice considerations as NWRs are each proposing a non-lead opened. The Secretary of the Interior
part of its SIP submittal; the CAA and requirement, which would take effect on (Secretary) may open refuge areas to any
applicable implementing regulations September 1, 2026, if we adopt them as use, including hunting and/or sport
neither prohibit nor require such an part of a final rule. While the Service fishing, upon a determination that the
evaluation. EPA did not perform an EJ continues to evaluate the future of lead use is compatible with the purposes of
analysis and did not consider EJ in this use in hunting and fishing on Service the refuge and National Wildlife Refuge
action. Due to the nature of the action lands and waters, this rulemaking does System (Refuge System) mission. The
being taken here, this action is expected not include any opportunities proposing action also must be in accordance with
to have a neutral to positive impact on to increase or authorize the new use of provisions of all laws applicable to the
the air quality of the affected area. lead beyond fall 2026. areas, developed in coordination with
lotter on DSK11XQN23PROD with PROPOSALS1

Consideration of EJ is not required as DATES: We will accept comments the appropriate State fish and wildlife
part of this action, and there is no received or postmarked on or before agency(ies), consistent with the
information in the record inconsistent August 22, 2023. principles of sound fish and wildlife
with the stated goal of E.O. 12898 of ADDRESSES: management and administration, and
achieving environmental justice for Written comments: You may submit otherwise in the public interest. These
people of color, low-income comments by one of the following requirements ensure that we maintain
populations, and Indigenous peoples. methods: the biological integrity, diversity, and

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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules 41059

environmental health of the Refuge Statutory Authority lands be compatible with the primary
System for the benefit of present and The Administration Act, as amended purpose(s) for which we established the
future generations of Americans. by the National Wildlife Refuge System refuge and not inconsistent with other
We annually review hunting and Improvement Act of 1997 (Improvement previously authorized operations.
sport fishing programs to determine Act; Pub. L. 105–57), governs the The Administration Act and
whether to include additional stations administration and public use of Recreation Act also authorize the
or whether individual station refuges, and the Refuge Recreation Act Secretary to issue regulations to carry
regulations governing existing programs of 1962 (Recreation Act; 16 U.S.C. 460k– out the purposes of the Acts and
need modifications. Changing 460k–4) governs the administration and regulate uses.
environmental conditions, State and public use of refuges and hatcheries. We develop specific management
Federal regulations, and other factors Amendments enacted by the plans for each refuge prior to opening it
affecting fish and wildlife populations Improvement Act were built upon the to hunting or sport fishing. In many
and habitat may warrant modifications Administration Act in a manner that cases, we develop station-specific
to station-specific regulations to ensure provides an ‘‘organic act’’ for the Refuge regulations to ensure the compatibility
the continued compatibility of hunting System, similar to organic acts that exist of the programs with the purpose(s) for
and sport fishing programs and to for other public Federal lands. The which we established the refuge or
ensure that these programs will not Improvement Act serves to ensure that hatchery and the Refuge and Hatchery
materially interfere with or detract from we effectively manage the Refuge System mission. We ensure initial
the fulfillment of station purposes or the System as a national network of lands, compliance with the Administration Act
Service’s mission. waters, and interests for the protection and the Recreation Act for hunting and
and conservation of our Nation’s sport fishing on newly acquired land
Provisions governing hunting and through an interim determination of
sport fishing on refuges are in title 50 of wildlife resources. The Administration
Act states first and foremost that we compatibility made at or near the time
the Code of Federal Regulations at part of acquisition. These regulations ensure
32 (50 CFR part 32), and on hatcheries focus our Refuge System mission on
conservation of fish, wildlife, and plant that we make the determinations
at part 71 (50 CFR part 71). We regulate required by these acts prior to adding
hunting and sport fishing to: resources and their habitats. The
Improvement Act requires the Secretary, refuges to the lists of areas open to
• Ensure compatibility with refuge hunting and sport fishing in 50 CFR
before allowing a new use of a refuge,
and hatchery purpose(s); parts 32 and 71. We ensure continued
or before expanding, renewing, or
• Properly manage fish and wildlife extending an existing use of a refuge, to compliance by the development of
resource(s); determine that the use is compatible comprehensive conservation plans and
step-down management plans, and by
• Protect other values; with the purpose for which the refuge
was established and the mission of the annual review of hunting and sport
• Ensure visitor safety; and fishing programs and regulations.
Refuge System. The Improvement Act
• Provide opportunities for fish- and established as the policy of the United Proposed Amendments to Existing
wildlife-dependent recreation. States that wildlife-dependent Regulations
On many stations where we decide to recreation, when compatible, is a
allow hunting and sport fishing, our legitimate and appropriate public use of Updates to Hunting and Fishing
general policy of adopting regulations the Refuge System, through which the Opportunities on NWRs
identical to State hunting and sport American public can develop an This document proposes to codify in
fishing regulations is adequate to meet appreciation for fish and wildlife. The the Code of Federal Regulations all the
these objectives. On other stations, we Improvement Act established six Service’s hunting and/or sport fishing
must supplement State regulations with wildlife-dependent recreational uses as regulations that we would update since
more-restrictive Federal regulations to the priority general public uses of the the last time we published a rule
ensure that we meet our management Refuge System. These uses are hunting, amending these regulations (87 FR
responsibilities, as outlined under fishing, wildlife observation and 57108; September 16, 2022) and that are
Statutory Authority, below. We issue photography, and environmental applicable at Refuge System units
station-specific hunting and sport education and interpretation. previously opened to hunting and/or
fishing regulations when we open The Recreation Act authorizes the sport fishing. We propose this to better
wildlife refuges and fish hatcheries to Secretary to administer areas within the inform the general public of the
migratory game bird hunting, upland Refuge System and Hatchery System for regulations at each station, to increase
game hunting, big game hunting, or public recreation as an appropriate understanding and compliance with
sport fishing. These regulations may list incidental or secondary use only to the these regulations, and to make
the wildlife species that you may hunt extent that doing so is practicable and enforcement of these regulations more
or fish; seasons; bag or creel (container not inconsistent with the primary efficient. In addition to finding these
for carrying fish) limits; methods of purpose(s) for which Congress and the regulations in 50 CFR parts 32, visitors
hunting or sport fishing; descriptions of Service established the areas. The to our stations may find them reiterated
areas open to hunting or sport fishing; Recreation Act requires that any in literature distributed by each station
and other provisions as appropriate. recreational use of refuge or hatchery or posted on signs.

TABLE 1—PROPOSED CHANGES FOR 2023–2024 HUNTING/SPORT FISHING SEASON


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Migratory bird Upland game


Station State Big game hunting Sport fishing
hunting hunting

Cahaba River NWR ............................ Alabama ............... Closed .................. Already Open ....... E ........................... Already Open.
Everglades Headwaters NWR ............ Florida .................. E ........................... E ........................... E ........................... Closed.

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41060 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules

TABLE 1—PROPOSED CHANGES FOR 2023–2024 HUNTING/SPORT FISHING SEASON—Continued


Migratory bird Upland game
Station State Big game hunting Sport fishing
hunting hunting

Minnesota Valley NWR ....................... Minnesota ............ E ........................... E ........................... E ........................... Already Open.
Key:
E = Expansion (Station is already open to the activity: the proposed rule would add new lands/waters, modify areas open to hunting or fishing,
extend season dates, add a targeted hunt, modify season dates, modify hunting hours, etc.)

The changes for the 2023–2024 hunt program. Cahaba River NWR is of dogs. That comment period ended on
hunting/fishing season noted in the proposing to expand archery deer May 25, 2023. The Service considered
table above are each based on a hunting, which does not involve lead those comments and used them to
complete administrative record which, ammunition. Everglades Headwaters inform the decision in the finding of no
among other detailed documentation, NWR is proposing to expand existing significant impact associated with the
also includes a hunt plan, a migratory game bird, upland game, and supplemental EA. Comments made on
compatibility determination (for big game hunting to new acres that will this proposed rule pertaining to dog use
refuges), and the appropriate National require the use of non-lead ammunition and removal of the permit requirements
Environmental Policy Act (NEPA; 42 immediately in the fall 2023 season; the related to dogs on the Silvio O. Conte
U.S.C. 4321 et seq.) analysis, all of proposed rule would require non-lead Refuge will also be duly considered. If
which were the subject of a public ammunition only within the newly we receive compelling information or
review and comment process. These expanded acres for hunting on the data that leads us to conclude that the
documents are available upon request. refuge. This proposed restriction on lead relevant regulatory provisions should be
The Service remains concerned that ammunition has been developed in removed or revised, then we may take
lead is an important issue, and we will coordination with the State of Florida’s that action in the final rule.
continue to appropriately evaluate and Fish and Wildlife Conservation
regulate the use of lead ammunition and Fish Advisory
Commission. As we noted in our
tackle on Service lands and waters. The September 16, 2022, final rule (87 FR For health reasons, anglers should
Service has initiated stakeholder 57108), in this proposed rule, review and follow State-issued
engagement to implement a deliberate, Blackwater, Chincoteague, Eastern consumption advisories before enjoying
open, and transparent process of Neck, Erie, Great Thicket, Patuxent recreational sport fishing opportunities
evaluating the future of lead use on Research Refuge, Rachel Carson, and on Service-managed waters. You can
Service lands and waters, working with Wallops Island NWRs are proposing a find information about current fish-
our State partners, and seeking input non-lead equipment requirement, which consumption advisories on the internet
and recommendations from the Hunting would be effective on September 1, at https://www.epa.gov/fish-tech.
and Wildlife Conservation Council, 2026, if we adopt the provisions in a Request for Comments
other stakeholders, and the public. The final rule. Specifically, all eight refuges
best available science, analyzed as part would require the use of non-lead You may submit comments and
of this proposed rulemaking, indicates ammunition by fall 2026, and seven of materials on this proposed rule by one
that lead ammunition and tackle have the eight, excepting Chincoteague, of the methods listed in ADDRESSES. We
negative impacts on both wildlife and would require the use of non-lead tackle will not accept comments sent by email
human health. Based on the best by fall 2026 as well. or fax or to an address not listed in
available science and sound The Service is also providing a ADDRESSES. We will not consider hand-
professional judgment, where supplemental opportunity for public delivered comments that we do not
appropriate, the Service may propose to comment on regulatory provisions receive, or mailed comments that are
require the use of non-lead ammunition regarding use of dogs on the Silvio O. not postmarked, by the date specified in
and tackle on Service lands and waters, Conte National Fish and Wildlife Refuge DATES.
as we have done in certain cases in Vermont and New Hampshire that We will post your entire comment on
already. While the Service continues to were promulgated in 2021 (see 86 FR https://www.regulations.gov. Before
evaluate the future of lead use in 48822; August 31, 2021). The Service’s including personal identifying
hunting and fishing on Service lands preference in evaluating these 2021 information in your comment, you
and waters, we will continue to work regulatory changes is to allow dog should be aware that we may make your
with stakeholders and the public to training on the refuge from August 1 to entire comment—including your
evaluate lead use through the annual the last Saturday in September. The personal identifying information—
rulemaking process. In the interim, we Service would not require a permit for publicly available at any time. While
will not allow for any increase in lead dog training or hunting with more than you can ask us in your comment to
use on Service lands and waters. two dogs. The Service would only allow withhold your personal identifying
Therefore, this rule does not include the use of dogs on the Putney Mountain information from public review, we
any opportunities proposing to increase Unit to hunt ruffed grouse, fall turkey, cannot guarantee that we will be able to
or authorize the new use of lead. squirrel, and woodcock (see the do so. We will post all hardcopy
Minnesota Valley NWR already requires proposed revisions to 50 CFR 32.64 in comments on https://
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non-lead ammunition for the migratory the rule portion of this document). We www.regulations.gov.
bird and upland game hunting recently sought public review and Required Determinations
opportunities proposed to be expanded, comment on an update to the refuge’s
and the refuge’s proposed expansion of 2023 hunting and fishing plan and a Clarity of This Proposed Rule
the big game hunt involves only archery supplemental environmental assessment Executive Orders 12866 and 12988
deer hunting, which does not involve (EA) that provided description and and the Presidential Memorandum of
lead ammunition, as part of a special analysis of the provisions regarding use June 1, 1998, require us to write all rules

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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules 41061

in plain language. This means that each to develop regulations that serve the agency certifies that the rule will not
rule we publish must: public interest, advance statutory have a significant economic impact on
(a) Be logically organized; objectives, and are consistent with E.O. a substantial number of small entities.
(b) Use the active voice to address 12866, E.O. 13563, and the Presidential Thus, for a regulatory flexibility analysis
readers directly; Memorandum of January 20, 2021 to be required, impacts must exceed a
(c) Use clear language rather than (Modernizing Regulatory Review). threshold for ‘‘significant impact’’ and a
jargon; Regulatory analysis, as practicable and threshold for a ‘‘substantial number of
(d) Be divided into short sections and appropriate, shall recognize distributive small entities.’’ See 5 U.S.C. 605(b).
sentences; and impacts and equity, to the extent SBREFA amended the Regulatory
(e) Use lists and tables wherever permitted by law. E.O. 13563 Flexibility Act to require Federal
possible. emphasizes further that regulations agencies to provide a statement of the
If you feel that we have not met these must be based on the best available factual basis for certifying that a rule
requirements, send us comments by one science and that the rulemaking process will not have a significant economic
of the methods listed in ADDRESSES. To must allow for public participation and impact on a substantial number of small
better help us revise the rule, your an open exchange of ideas. We have entities.
comments should be as specific as developed this rule in a manner
possible. For example, you should tell consistent with these requirements. This proposed rule would open or
us the numbers of the sections or expand hunting on three NWRs. As a
Regulatory Flexibility Act result, visitor use for wildlife-dependent
paragraphs that are unclearly written,
which sections or sentences are too Under the Regulatory Flexibility Act recreation on these stations will change.
long, the sections where you feel lists or (as amended by the Small Business If the stations establishing new
tables would be useful, etc. Regulatory Enforcement Fairness Act programs were a pure addition to the
[SBREFA] of 1996) (5 U.S.C. 601 et seq.), current supply of those activities, it
Regulatory Planning and Review whenever a Federal agency is required would mean an estimated maximum
(Executive Orders 12866 and 13563) to publish a notice of rulemaking for increase of 586 user days (one person
Executive Order 12866 provides that any proposed or final rule, it must per day participating in a recreational
the Office of Information and Regulatory prepare and make available for public opportunity; see table 2). Because the
Affairs (OIRA) will review all significant comment a regulatory flexibility participation trend is flat in these
rules. OIRA has determined that this analysis that describes the effect of the activities, this increase in supply will
rulemaking is not significant. rule on small entities (i.e., small most likely be offset by other sites losing
Executive Order (E.O.) 14094 businesses, small organizations, and participants. Therefore, this is likely to
reaffirms the principles of E.O. 12866 small government jurisdictions). be a substitute site for the activity and
and E.O 13563 and states that regulatory However, no regulatory flexibility not necessarily an increase in
analysis should facilitate agency efforts analysis is required if the head of an participation rates for the activity.

TABLE 2—ESTIMATED MAXIMUM CHANGE IN RECREATION OPPORTUNITIES IN 2023–2024


[2022 Dollars in thousands]

Additional Additional Additional


Station hunting days fishing days expenditures

Cahaba River NWR ..................................................................................................................... 120 ........................ $4


Everglades Headwaters NWR ..................................................................................................... 225 ........................ 9
Minnesota Valley NWR ................................................................................................................ 241 ........................ 9

Total ...................................................................................................................................... 586 ........................ 22

To the extent visitors spend time and economic impact of these recreational Since 80 percent of the participants
money in the area of the station that activities. Using a national impact travel less than 100 miles to engage in
they would not have spent there multiplier for hunting activities (2.51) hunting and fishing activities, their
anyway, they contribute new income to derived from the report ‘‘Hunting in spending patterns will not add new
the regional economy and benefit local America: An Economic Force for money into the local economy and,
businesses. Due to the unavailability of Conservation’’ and for fishing activities therefore, the real impact will be on the
site-specific expenditure data, we use (2.51) derived from the report order of about $22,000 annually.
the national estimates from the 2016 ‘‘Sportfishing in America’’ yields a total Small businesses within the retail
National Survey of Fishing, Hunting, maximum economic impact of trade industry (such as hotels, gas
and Wildlife Associated Recreation to approximately $56,000 (2022 dollars) stations, taxidermy shops, bait-and-
identify expenditures for food and (Southwick Associates, Inc., 2018). tackle shops, and similar businesses)
lodging, transportation, and other Since we know that most of the may be affected by some increased or
incidental expenses. Using the average fishing and hunting occurs within 100 decreased station visitation. A large
expenditures for these categories with miles of a participant’s residence, then percentage of these retail trade
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the maximum expected additional it is unlikely that most of this spending establishments in the local communities
participation of the Refuge System will be ‘‘new’’ money coming into a around NWRs qualify as small
yields approximately $22,000 in local economy; therefore, this spending businesses (see table 3, below). We
recreation-related expenditures (see will be offset with a decrease in some expect that the incremental recreational
table 2, above). By having ripple effects other sector of the local economy. The changes will be scattered, and so we do
throughout the economy, these direct net gain to the local economies will be not expect that the rule will have a
expenditures are only part of the no more than $56,000 and likely less. significant economic effect on a

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41062 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules

substantial number of small entities in economies. The maximum increase will for those NWRs for which we project no
any region or nationally. As noted be less than one-tenth of 1 percent for changes in recreation opportunities in
previously, we expect at most $22,000 local retail trade spending (see table 3, 2023–2024; see table 2, above.
to be spent in total in the refuges’ local below). Table 3 does not include entries

TABLE 3—COMPARATIVE EXPENDITURES FOR RETAIL TRADE ASSOCIATED WITH ADDITIONAL STATION VISITATION FOR
2023–2024
[Thousands, 2022 dollars]

Estimated Establishments
Retail trade maximum Addition as % Establishments with fewer than
Station/county(ies) in 2017 1 addition from of total in 2017 1 10 employees
new activities in 2017

Cahaba River:
Bibb, AL .......................................... $143,008 $5 <0.1 52 39
Everglades Headwaters:
Hardee, FL ...................................... 223,259 3 <0.1 75 63
Highlands, FL .................................. 1,505,788 3 <0.1 342 246
Polk, FL .......................................... 9,949,483 3 <0.1 1,814 1,276
Minnesota Valley:
Carver, MN ..................................... 1,116,550 5 <0.1 220 142
1 U.S. Census Bureau.

With the small change in overall States, and, therefore, it should not Mandates Reform Act, above, this
spending anticipated from this proposed affect prices for hunting equipment and proposed rule would not have sufficient
rule, it is unlikely that a substantial supplies, or the retailers that sell federalism implications to warrant the
number of small entities will have more equipment. preparation of a federalism summary
than a small impact from the spending c. Would not have significant adverse impact statement under E.O. 13132. In
change near the affected stations. effects on competition, employment, preparing this proposed rule, we
Therefore, we certify that this rule, as investment, productivity, innovation, or worked with State governments.
proposed, will not have a significant the ability of U.S.-based enterprises to
economic effect on a substantial number Civil Justice Reform (E.O. 12988)
compete with foreign-based enterprises.
of small entities as defined under the This proposed rule represents only a In accordance with E.O. 12988, the
Regulatory Flexibility Act (5 U.S.C. 601 small proportion of recreational Department of the Interior has
et seq.). A regulatory flexibility analysis spending at NWRs. Therefore, if determined that this proposed rule
is not required. Accordingly, a small adopted, this rule would have no would not unduly burden the judicial
entity compliance guide is not required. measurable economic effect on the system and that it meets the
Congressional Review Act wildlife-dependent industry, which has requirements of sections 3(a) and 3(b)(2)
annual sales of equipment and travel of the Order.
The proposed rule is not a major rule expenditures of $72 billion nationwide.
under 5 U.S.C. 804(2), the Congressional Energy Supply, Distribution or Use (E.O.
Review Act. We anticipate no Unfunded Mandates Reform Act 13211)
significant employment or small Since this proposed rule would apply
business effects. This proposed rule: to public use of federally owned and On May 18, 2001, the President issued
a. Would not have an annual effect on managed refuges, it would not impose E.O. 13211 on regulations that
the economy of $100 million or more. an unfunded mandate on State, local, or significantly affect energy supply,
The minimal impact would be scattered Tribal governments or the private sector distribution, or use. E.O. 13211 requires
across the country and would most of more than $100 million per year. The agencies to prepare statements of energy
likely not be significant in any local proposed rule would not have a effects when undertaking certain
area. significant or unique effect on State, actions. Because this proposed rule
b. Would not cause a major increase local, or Tribal governments or the would expand hunting at two NWRs, it
in costs or prices for consumers; private sector. A statement containing is not a significant regulatory action
individual industries; Federal, State, or the information required by the under E.O. 12866, and we do not expect
local government agencies; or Unfunded Mandates Reform Act (2 it to significantly affect energy supplies,
geographic regions. This proposed rule U.S.C. 1531 et seq.) is not required. distribution, or use. Therefore, this
would have only a slight effect on the action is not a significant energy action,
costs of hunting opportunities for Takings (E.O. 12630) and no statement of energy effects is
Americans. If the substitute sites are In accordance with E.O. 12630, this required.
farther from the participants’ residences, proposed rule would not have Consultation and Coordination With
then an increase in travel costs would significant takings implications. This Indian Tribal Governments (E.O. 13175)
occur. The Service does not have
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proposed rule would affect only visitors


information to quantify this change in at NWRs and would describe what they In accordance with E.O. 13175, we
travel cost but assumes that, since most can do while they are on a Service have evaluated possible effects on
people travel less than 100 miles to station. federally recognized Indian Tribes and
hunt, the increased travel cost would be have determined that there are no
small. We do not expect this proposed Federalism (E.O. 13132) effects. We coordinate recreational use
rule to affect the supply or demand for As discussed under Regulatory on NWRs and National Fish Hatcheries
hunting opportunities in the United Planning and Review and Unfunded with Tribal governments having

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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules 41063

adjoining or overlapping jurisdiction incorporate these proposed station Drive, Hadley, MA 01035–9589;
before we propose the regulations. hunting and fishing activities in the Telephone (413) 253–8307.
station comprehensive conservation Colorado, Kansas, Montana, Nebraska,
Paperwork Reduction Act (PRA)
plan and/or other step-down North Dakota, South Dakota, Utah, and
This rule does not contain any new management plans, pursuant to our Wyoming. Regional Chief, National
collections of information that require refuge planning guidance in 602 Fish Wildlife Refuge System, U.S. Fish and
approval by the Office of Management and Wildlife Service Manual (FW) 1, 3, Wildlife Service, 134 Union Blvd.,
and Budget (OMB) under the Paperwork and 4. We prepare these comprehensive Lakewood, CO 80228; Telephone (303)
Reduction Act of 1995 (44 U.S.C. 3501 conservation plans and step-down plans 236–4377.
et seq.). OMB previously approved the in compliance with section 102(2)(C) of Alaska. Regional Chief, National
information collection requirements NEPA, the Council on Environmental Wildlife Refuge System, U.S. Fish and
associated with application and Quality’s regulations for implementing Wildlife Service, 1011 E Tudor Rd.,
reporting requirements associated with NEPA in 40 CFR parts 1500 through Anchorage, AK 99503; Telephone (907)
hunting and sport fishing and assigned 1508, and the Department of Interior’s 786–3545.
OMB Control Number 1018–0140 NEPA regulations at 43 CFR part 46. We California and Nevada. Regional
(expires 09/30/2025). An agency may invite the affected public to participate Chief, National Wildlife Refuge System,
not conduct or sponsor, and a person is in the review, development, and
U.S. Fish and Wildlife Service, 2800
not required to respond to, a collection implementation of these plans. Copies
Cottage Way, Room W–2606,
of information unless it displays a of all plans and NEPA compliance are
Sacramento, CA 95825; Telephone (916)
currently valid OMB control number. available from the stations at the
767–9241.
Endangered Species Act Section 7 addresses provided below.
Primary Author
Consultation Available Information for Specific
We comply with section 7 of the Stations Kate Harrigan, Division of Natural
Endangered Species Act of 1973, as Individual refuge and hatchery Resources and Conservation Planning,
amended (16 U.S.C. 1531 et seq.), when headquarters have information about National Wildlife Refuge System, is the
developing comprehensive conservation public use programs and conditions that primary author of this rulemaking
plans and step-down management apply to their specific programs and document.
plans—which would include hunting maps of their respective areas. To find List of Subjects in 50 CFR Part 32
and/or fishing plans—for public use of out how to contact a specific refuge or
refuges and hatcheries, and prior to hatchery, contact the appropriate Fishing, Hunting, Reporting and
implementing any new or revised public Service office for the States and recordkeeping requirements, Wildlife,
recreation program on a station as Territories listed below: Wildlife refuges.
identified in 50 CFR 26.32. We Hawaii, Idaho, Oregon, and Proposed Regulation Promulgation
complied with section 7 for each of the Washington. Regional Chief, National
stations affected by this proposed Wildlife Refuge System, U.S. Fish and For the reasons described in the
rulemaking. Wildlife Service, Eastside Federal preamble, we propose to amend title 50,
Complex, Suite 1692, 911 NE 11th chapter I, subchapter C of the Code of
National Environmental Policy Act Federal Regulations as set forth below:
Avenue, Portland, OR 97232–4181;
We analyzed this proposed rule in Telephone (503) 231–6203.
accordance with the criteria of the Arizona, New Mexico, Oklahoma, and PART 32—HUNTING AND FISHING
National Environmental Policy Act of Texas. Regional Chief, National Wildlife
1969 (NEPA; 42 U.S.C. 4332(C)), 43 CFR Refuge System, U.S. Fish and Wildlife ■ 1. The authority citation for part 32
part 46, and 516 Departmental Manual Service, P.O. Box 1306, 500 Gold continues to read as follows:
(DM) 8. Avenue SW, Albuquerque, NM 87103; Authority: 5 U.S.C. 301; 16 U.S.C. 460k,
A categorical exclusion from NEPA Telephone (505) 248–6635. 664, 668dd–668ee, and 715i; Pub. L. 115–20,
documentation applies to publication of Illinois, Indiana, Iowa, Michigan, 131 Stat. 86.
proposed amendments to station- Minnesota, Missouri, Ohio, and ■ 2. Amend § 32.24 by revising
specific hunting and fishing regulations Wisconsin. Regional Chief, National paragraphs (s)(1)(iv) and (vi) to read as
because they are technical and Wildlife Refuge System, U.S. Fish and follows:
procedural in nature, and the Wildlife Service, 5600 American Blvd.
environmental effects are too broad, West, Suite 990, Bloomington, MN § 32.24 California.
speculative, or conjectural to lend 55437–1458; Telephone (612) 713–5476. * * * * *
themselves to meaningful analysis (43 Alabama, Arkansas, Florida, Georgia, (s) * * *
CFR 46.210 and 516 DM 8). Concerning Kentucky, Louisiana, Mississippi, North (1) * * *
the actions that are the subject of this Carolina, South Carolina, Tennessee, (iv) We restrict hunters in the spaced
proposed rulemaking, we have Puerto Rico, and the Virgin Islands. zone area of the East Bear Creek Unit
complied with NEPA at the project level Regional Chief, National Wildlife Refuge and West Bear Creek Unit to their
when developing each proposal. This is System, U.S. Fish and Wildlife Service, assigned zone except when they are
consistent with the Department of the 1875 Century Boulevard, Atlanta, GA traveling to and from the parking area,
Interior instructions for compliance 30345; Telephone (404) 679–7356. retrieving downed birds, or pursuing
Connecticut, Delaware, District of
lotter on DSK11XQN23PROD with PROPOSALS1

with NEPA where actions are covered crippled birds.


sufficiently by an earlier environmental Columbia, Maine, Maryland,
document (43 CFR 46.120). Massachusetts, New Hampshire, New * * * * *
Prior to the addition of a refuge or Jersey, New York, Pennsylvania, Rhode (vi) We require State-issued Type A
hatchery to the list of areas open to Island, Vermont, Virginia, and West area permits for accessing the Freitas
hunting and fishing in 50 CFR parts 32 Virginia. Regional Chief, National Unit on Wednesdays, Saturdays, and
and 71, we develop hunting and fishing Wildlife Refuge System, U.S. Fish and Sundays.
plans for the affected stations. We Wildlife Service, 300 Westgate Center * * * * *

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41064 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules

■ 3. Amend § 32.28 by revising (i) The conditions set forth at (iii) The condition set forth at
paragraphs (e)(2) and (3) to read as paragraphs (b)(1)(i) through (iii) and (v) paragraph (b)(2)(iv) of this section
follows: of this section apply. applies.
* * * * * (c) * * *
§ 32.28 Florida. (1) * * *
(f) * * *
* * * * * (1) * * * (v) You may only use or possess
(e) * * * (v) You may only use or possess approved non-lead shot shells,
(2) Upland game hunting. We allow approved non-lead shot shells, ammunition, and tackle while in the
upland game hunting and the incidental ammunition, and tackle while in the field (see § 32.2(k)).
take of nonnative wildlife as defined by (2) Upland game hunting. We allow
field (see § 32.2(k)).
the State on designated areas of the hunting of gray squirrel, eastern
(2) * * *
refuge in accordance with State cottontail rabbit, and woodchuck on
(i) The conditions set forth at
regulations and applicable State designated areas of the refuge subject to
paragraphs (f)(1)(i), (iii), and (v) of this
Wildlife Management Area regulations the following condition: The conditions
section apply.
and the following condition: We require set forth at paragraphs (c)(1)(i) through
* * * * * (iii) and (v) of this section apply.
the use of non-lead ammunition when (3) * * *
hunting upland game and the incidental (3) * * *
(i) The conditions as set forth at (i) The conditions set forth at
take of nonnative wildlife on the paragraphs (f)(1)(i), (iv), and (v) of this
Corrigan Ranch/Okeechobee Unit. paragraphs (c)(1)(i), (ii), and (v) of this
section apply. section apply.
(3) Big game hunting. We allow big
game hunting and the incidental take of * * * * * * * * * *
nonnative wildlife as defined by the (4) * * * (4) Sport fishing. We allow sport
State on designated areas of the refuge (ii) The condition set forth at fishing on designated areas of the refuge
in accordance with State regulations paragraph (f)(1)(v) of this section subject to the following condition: The
and applicable State Wildlife applies. condition set forth at paragraph (c)(1)(v)
Management Area regulations and the * * * * * of this section applies.
following condition: We require the use ■ 6. Amend § 32.39 by: * * * * *
of non-lead ammunition when hunting ■ a. Adding paragraph (a)(1)(iv); ■ 7. Amend § 32.40 by:
big game and the incidental take of ■ b. Revising paragraph (a)(2)(i); ■ a. Adding paragraph (a)(4)(iii); and
nonnative wildlife on the Corrigan ■ c. Adding paragraphs (a)(3)(vi), ■ b. Revising paragraphs (b)(4) and
Ranch/Okeechobee Unit. (4)(iii), (b)(2)(iv), (3)(iv), (4)(iii), and (f)(4).
(c)(1)(v); and The addition and revisions read as
* * * * * follows:
■ d. Revising paragraphs (c)(2), (3)(i),
■ 4. Amend § 32.35 by revising
and (4).
paragraph (a)(1)(v) to read as follows: § 32.40 Massachusetts.
The additions and revisions read as
follows: * * * * *
§ 32.35 Kansas.
(a) * * *
* * * * * § 32.39 Maryland. (4) * * *
(a) * * * * * * * * (iii) We allow fishing from legal
(1) * * * (a) * * * sunrise to legal sunset.
(v) We close the Neosho River and (1) * * * (b) * * *
refuge lands north of the Neosho River (4) Sport Fishing. We allow sport
(iv) You may only use or possess
to all hunting from November 1 through fishing on designated areas of the refuge
approved non-lead shot shells,
March 1. from legal sunrise to legal sunset.
ammunition, and tackle while in the
* * * * * field (see § 32.2(k)). * * * * *
■ 5. Amend § 32.38 by: (2) * * * (f) * * *
■ a. Adding paragraph (b)(1)(v); (i) The conditions set forth at (4) Sport Fishing. We allow sport
■ b. Revising paragraphs (b)(2)(i) and paragraphs (a)(1)(iv) and (a)(3)(i) fishing on designated areas of the refuge
(3)(i); through (v) of this section apply. from legal sunrise to legal sunset.
■ c. Adding paragraph (f)(1)(v); and * * * * * * * * * *
■ d. Revising paragraphs (f)(2)(i), (3)(i), ■ 8. Amend § 32.47 by:
(3) * * * ■ a. Revising paragraphs (d)(1)(i) and
and (4)(ii). (vi) The condition set forth at
The additions and revisions read as (iii);
paragraph (a)(1)(iv) of this section ■ b. Adding paragraphs (d)(1)(iv) and
follows: applies. (v); and
§ 32.38 Maine.
(4) * * * ■ c. Revising paragraph (d)(2)(iii).
(iii) The condition set forth at The revisions and addition read as
* * * * * paragraph (a)(1)(iv) of this section
(b) * * * follows:
applies.
(1) * * * (b) * * * § 32.47 Nevada.
(v) You may only use or possess (2) * * * * * * * *
approved non-lead shot shells, (iv) You may only use or possess (d) * * *
ammunition, and tackle while in the (1) * * *
lotter on DSK11XQN23PROD with PROPOSALS1

approved non-lead shot shells,


field (see § 32.2(k)). ammunition, and tackle while in the (i) We allow hunting on designated
(2) * * * field (see § 32.2(k)). days. We prohibit any migratory game
(i) The conditions set forth at (3) * * * bird hunting after January 31.
paragraphs (b)(1)(i) through (iii) and (v) (iv) The condition set forth at * * * * *
of this section apply. paragraph (b)(2)(iv) of this section (iii) From October 1 to February 1,
* * * * * applies. you may only be in possession of or use
(3) * * * (4) * * * 25 or fewer shot shells per hunt day.

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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules 41065

(iv) We only allow hunters to use ■ 10. Amend § 32.56 by revising (i) We allow disabled hunters to hunt
watercraft to travel to and from their paragraph (l)(2) to read as follows: from a vehicle that is at least 10 feet
hunting location for each day’s hunt. from the traveled portion of the refuge
Watercraft must be completely § 32.56 Oregon. road if the hunter possesses a State-
immobilized while hunting, except to * * * * * issued disabled hunting license and a
retrieve downed or crippled birds. (l) * * * Special Use Permit (FWS Form 3–1383–
(v) We prohibit shooting 150 feet (45 (2) Upland game hunting. We allow G) issued by the refuge manager.
meters) from the center line of roads hunting of upland game birds and (ii) We allow the use of dogs
(including access roads and two tracks), turkey on designated areas of the refuge consistent with State regulations, except
parking areas, levees, or into or from subject to the following condition: The dog training is only allowed from
safety zones. condition set forth at paragraph (l)(1)(i) August 1 through the last Saturday in
(2) * * * of this section applies. September during daylight hours. We
(iii) The conditions set forth at * * * * * prohibit dog training on the Putney
paragraphs (d)(1)(iii) and (iv) of this ■ 11. Amend § 32.57 by: Mountain Unit.
section apply. ■ a. Adding paragraph (b)(1)(v); (iii) We prohibit shooting from, over,
* * * * * ■ b. Revising paragraphs (b)(2)(iii) and or within 25 feet of the traveled portion
■ 9. Amend § 32.48 by revising (3)(ii); and of any road that is accessible to motor
■ c. Adding paragraph (b)(4)(vi). vehicles.
paragraph (b) to read as follows:
The additions and revisions read as (2) Upland game hunting. We allow
§ 32.48 New Hampshire. follows: hunting of coyote, fox, raccoon, bobcat,
* * * * * § 32.57 Pennsylvania.
woodchuck, red squirrel, eastern gray
(b) Silvio O. Conte National Fish and squirrel, porcupine, skunk, snowshoe
Wildlife Refuge— * * * * * hare, eastern cottontail, muskrat,
(1) Migratory game bird hunting. We (b) * * * opossum, weasel, pheasant, and ruffed
allow hunting of duck, goose, coot, (1) * * * grouse on designated areas of the refuge
Wilson’s snipe, and American (v) You may only use or possess subject to the following conditions:
woodcock on designated areas of the approved non-lead shot shells, (i) The conditions set forth at
refuge subject to the following ammunition, and tackle while in the paragraphs (b)(1)(ii) and (iii) of this
condition: We allow the use of dogs field (see § 32.2(k)). section apply.
(2) * * *
consistent with State regulations, except (ii) At the Putney Mountain Unit, we
(iii) The conditions set forth at
dog training is only allowed from allow the use of dogs only for hunting
paragraphs (b)(1)(iv) and (v) of this
August 1 through the last Saturday in ruffed grouse, fall turkey, squirrel, and
section apply.
September during daylight hours. woodcock.
(2) Upland game hunting. We allow * * * * * (iii) We require hunters hunting at
hunting of coyote, fox, raccoon, (3) * * * night to possess a Special Use Permit
woodchuck, red squirrel, eastern gray (ii) The conditions set forth at (FWS Form 3–1383–G) issued by the
squirrel, porcupine, skunk, crow, paragraphs (b)(1)(iv) and (v) of this refuge manager.
snowshoe hare, muskrat, opossum, section apply. (3) Big game hunting. We allow
fisher, mink, weasel, ring-necked (4) * * * hunting of white-tailed deer, moose,
pheasant, and ruffed grouse on (vi) The condition set forth at black bear, and wild turkey on
designated areas of the refuge subject to paragraph (b)(1)(v) of this section designated areas of the refuge subject to
the following condition: We allow the applies. the following conditions:
use of dogs consistent with State * * * * * (i) The conditions set forth at
regulations, except dog training is only § 32.62 [Amended]
paragraphs (b)(1)(ii) and (iii) of this
allowed from August 1 through the last section apply.
Saturday in September during daylight ■ 12. Amend § 32.62 by: (ii) You may use portable tree stands
hours. ■ a. Removing paragraph (h)(3)(x); and and/or blinds. You must clearly label
(3) Big game hunting. We allow ■ b. Redesignating paragraphs (h)(3)(xi) your tree stand(s) and/or blind(s) with
hunting of white-tailed deer, moose, through (xiii) as (h)(3)(x) through (xii), your hunting license number. You must
black bear, and wild turkey on respectively. remove your tree stand(s) and/or
■ 13. Amend § 32.64 by:
designated areas of the refuge subject to blind(s) no later than 72 hours after the
■ a. Adding paragraph (a)(4)(v); and
the following conditions: close of the season (see § 27.93 of this
■ b. Revising paragraph (b).
(i) We allow the use of dogs consistent chapter).
The addition and revision read as
with State regulations, except dog (iii) You may retrieve moose at the
follows:
training is only allowed from August 1 Nulhegan Basin Division with the use of
through the last Saturday in September § 32.64 Vermont. a commercial moose hauler, if the
during daylight hours. * * * * * hauler possesses a Special Use Permit
(ii) We allow tree stands and blinds (a) * * * (FWS Form 3–1383–C) issued by the
that are clearly marked with the owner’s (4) * * * refuge manager.
State hunting license number. (v) We allow fishing from legal (4) Sport fishing. We allow sport
(iii) You must remove your tree fishing on designated areas of the refuge
lotter on DSK11XQN23PROD with PROPOSALS1

sunrise to legal sunset.


stand(s) and blind(s) no later than 72 (b) Silvio O. Conte National Fish and consistent with State regulations.
hours after the close of the season (see Wildlife Refuge— * * * * *
§ 27.93 of this chapter). (1) Migratory game bird hunting. We ■ 14. Amend § 32.65 by:
(4) Sport fishing. We allow sport allow hunting of duck, goose, coot, ■ a. Adding paragraph (b)(1)(vi);
fishing on designated areas of the crow, snipe, and American woodcock ■ b. Revising paragraph (b)(2)(i);
refuge. on designated areas of the refuge subject ■ c. Adding paragraphs (b)(2)(vii) and
* * * * * to the following conditions: (viii);

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41066 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules

■ d. Revising paragraph (b)(3)(i); (viii) We prohibit hunting on (i) The conditions set forth in
■ e. Adding paragraphs (b)(4)(vi) and Sundays. paragraphs (n)(1)(i), (iii), and (vi) of this
(c)(2)(iii); (3) * * * section apply.
■ f. Revising paragraph (c)(3)(i);
(i) The conditions set forth at * * * * *
■ g. Adding paragraph (n)(1)(vi); and
paragraphs (b)(1)(vi) and (b)(2)(i), (ii), (3) * * *
■ h. Revising paragraphs (n)(2)(i) and
and (v) through (viii) of this section (i) The conditions set forth at
(3)(i).
The additions and revisions read as apply. paragraphs (n)(1)(i), (ii), (vi), and
follows: * * * * * (n)(2)(iv) of this section apply.
(4) * * * * * * * *
§ 32.65 Virginia. ■ 15. Amend § 32.66 by revising
(vi) The condition set forth at
* * * * * paragraph (b)(1)(vi) of this section paragraph (b)(4)(i) to read as follows:
(b) * * * applies.
(1) * * * § 32.66 Washington.
(vi) You may only use or possess (c) * * * * * * * *
approved non-lead shot shells and (2) * * * (b) * * *
ammunition while in the field (see (iii) We prohibit hunting on Sundays. (4) * * *
§ 32.2(k)). (3) * * * (i) On waters open to fishing, we
(2) * * * (i) The conditions set forth at allow fishing only from the start of the
(i) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv) through (v), State season to September 30, except
paragraphs (b)(1)(i) and (vi) of this and (c)(2)(iii) of this section apply. that we allow fishing year-round on
section apply. All occupants of a vehicle Falcon, Heron, Goldeneye, Corral,
or hunt party must possess a signed * * * * *
Blythe, Chukar, and Scaup Lakes.
refuge hunt brochure and be actively (n) * * *
(1) * * * * * * * *
engaged in hunting unless aiding a
disabled person who possesses a valid (vi) You may only use or possess Shannon A. Estenoz,
State disabled hunting license. approved non-lead shot shells, Assistant Secretary for Fish and Wildlife and
* * * * * ammunition, and tackle while in the Parks.
(vii) Hunting is allowed only during field (see § 32.2(k)). [FR Doc. 2023–13360 Filed 6–22–23; 8:45 am]
the regular State deer season. (2) * * * BILLING CODE 4333–15–P
lotter on DSK11XQN23PROD with PROPOSALS1

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