PART 71 - HUNTING AND SPORT FISHING ON NATIONAL FISH HATCHERIES

Authority:

Sec. 4, Pub. L. 73-121, 48 Stat. 402, as amended; sec. 4, Pub. L. 87-714, 76 Stat. 654; 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 1534.

Source:

84 FR 47790, Sept. 10, 2019, unless otherwise noted.

Subpart A - General Provisions

§ 71.1 Opening of national fish hatcheries to hunting and sport fishing.

National fish hatchery areas may be opened to hunting or sport fishing when such activity is not detrimental to the propagation and distribution of fish or other aquatic wildlife.

§ 71.2 What are the requirements for hunting on areas of the National Fish Hatchery System?

The following provisions apply to public hunting and sport fishing on a national fish hatchery area:

(a) Each person must secure and possess the required State license.

(b) Each person age 16 and older must obtain and possess a Federal Migratory Bird Hunting and Conservation Stamp (Federal Duck Stamp) while hunting migratory waterfowl.

(c) Each person must comply with the applicable provisions of Federal laws and regulations including this subchapter and the current Federal migratory bird regulations at 50 CFR parts 20 and 21.

(d) Each person must comply with the applicable provisions of the laws and regulations of the State in which a hatchery is located unless further restricted by Federal law or regulation.

(e) Each person must comply with the terms and conditions authorizing access and use of the national fish hatchery area.

(f) The regulations contained in this part are prescribed for hunting and sport fishing of all National Fish Hatcheries and supplement the general National Wildlife Refuge System regulations found in 50 CFR chapter I, subchapter C. The general National Wildlife Refuge System regulations are automatically applicable in their entirety to the National Fish Hatcheries except as supplemented by the regulations in this part. If the regulations in this part conflict with the general National Wildlife Refuge System regulations, comply with these regulations.

(g) Each person must comply with the provisions of any special notices governing hunting on the national fish hatchery area. Such special notices will be posted throughout the area and will be available at the headquarters of the fish hatchery to which they relate.

(1) Special notices are issued only after the announcement of applicable annual State and Federal hunting regulations.

(2) Special notices may contain the following items:

(i) Wildlife species which may be hunted, or species of fish which may be taken;

(ii) Seasons;

(iii) Bag/creel limits;

(iv) Methods of hunting or fishing;

(v) Description of areas open to hunting or fishing; or

(vi) Other provisions as required.

(3) Special notices will not liberalize existing State law or regulations.

(4) Special notices may be amended as needed to meet management responsibilities for the area.

§ 71.3 Information collection requirements.

The information collection requirements contained in this part have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0140. The information is being collected to provide the refuge managers the information needed to decide whether or not to allow the requested use. A response is required in order to obtain a benefit. The Service 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. Direct comments regarding the burden estimate or any other aspect of these information collection requirements to the Service's Information Collection Clearance Officer at the address provided at 50 CFR 2.1(b).

Subpart B - Hatchery-Specific Regulations for Hunting and Fishing

§ 71.11 National fish hatcheries open for hunting.

The following hatcheries are open for hunting as governed by applicable Federal and State regulations, and are listed in alphabetical order with additional hatchery-specific regulations.

(a) Iron River National Fish Hatchery -

(1) Migratory game bird hunting. We allow duck, goose, coot, rail, snipe, woodcock, dove, and crow hunting on designated areas of the hatchery.

(2) Upland game hunting. We allow pheasant, bobwhite quail, ruffed and sharp-tailed grouse, Hungarian partridge, rabbit/hare, squirrel, coyote, fox, bobcat, raccoon, opossum, skunk, weasel, and woodchuck hunting on designated areas of the hatchery.

(3) Big game hunting. We allow white-tailed deer, turkey, and bear hunting on designated areas of the hatchery subject to the following conditions:

(i) You must label tree stands and ground blinds with the owner's State hunting license number. The label must be readable from the ground.

(ii) You may place tree stands and ground blinds on the hatchery only from September 1 to December 31 annually.

(b) Jordan River National Fish Hatchery -

(1) Migratory game bird hunting. We allow the hunting of woodcock, dove, duck, goose, rail, snipe, coot, and crow on designated areas of the hatchery subject to the following conditions:

(i) We allow entry into the hatchery 1 hour before legal sunrise and require hunters to leave the hatchery no later than 1 hour after legal sunset.

(ii) We prohibit shooting on or over any hatchery road within 50 feet (15 meters) from the centerline.

(iii) We allow the use of dogs while hunting, provided the dog is under the immediate control of the hunter at all times.

(2) Upland game hunting. We allow hunting of rabbit/hare, squirrel, coyote, fox, bobcat, raccoon, opossum, skunk, weasel, and woodchuck on designated areas of the hatchery subject to the following condition: The conditions set forth at paragraphs (b)(1)(i) through (iii) of this section apply.

(3) Big game hunting. We allow hunting of bear, white-tailed deer, and turkey on designated areas of the hatchery and subject to the following conditions:

(i) The conditions set forth at paragraphs (b)(1)(i) through (iii) of this section apply.

(ii) We allow the use of portable stands and blinds for hunting, and hunters must remove them at the end of each day.

(iii) You must label tree stands with the owner's Department of Natural Resources sportcard number. The label, printed in legible English that can be easily read from the ground, must be affixed to the stand.

(c) Leadville National Fish Hatchery -

(1) Migratory game bird hunting. We allow migratory game bird hunting on designated areas of the hatchery.

(2) Upland game hunting. We allow upland game hunting on designated areas of the hatchery.

(3) Big game hunting. We allow big game hunting on designated areas of the hatchery subject to the following conditions:

(i) You must label tree stands and ground blinds with the owner's State hunting license number. The label must be readable from the ground.

(ii) You may place tree stands and ground blinds on the refuge only from September 1 to December 31 annually.

(4) Sport fishing. See § 71.12(k) for hatchery-specific fishing regulations for this hatchery.

(d) Leavenworth National Fish Hatchery -

(1) Migratory game bird hunting. We allow migratory game bird hunting on designated areas of the hatchery subject to the following condition: We allow the use of dogs for hunting in accordance with State of Washington hunting regulations.

(2) Upland game hunting. We allow upland game hunting on designated areas of the hatchery subject to the following condition: We allow the use of dogs for hunting in accordance with State of Washington hunting regulations.

(3) Big game hunting. We allow big game hunting on designated areas of the hatchery subject to the following condition: We allow the use of dogs for hunting in accordance with State of Washington hunting regulations.

(4) Sport fishing. See § 71.12(l) for hatchery-specific fishing regulations for this hatchery.

(e) Little White Salmon National Fish Hatchery -

(1) Migratory bird hunting. We allow hunting of crow on designated areas of the hatchery subject to the following conditions:

(i) We only allow portable blinds and temporary blinds constructed of nonliving natural materials. Hunters must remove all equipment at the end of each day's hunt.

(ii) We allow the use of dogs when hunting.

(2) Upland game hunting. We allow hunting of bobcat, grouse, partridge, and porcupine on designated areas of the hatchery subject to the following condition: The conditions set forth at paragraphs (e)(1)(i) and (ii) of this section apply.

(3) Big game hunting. We allow hunting of bear, elk, black-tailed deer, mule deer, and wild turkey on designated areas of the hatchery subject to the following condition: The conditions set forth at paragraphs (e)(1)(i) and (ii) of this section apply.

(4) Sport fishing. See § 71.12(m) for hatchery-specific fishing regulations for this hatchery.

(f) Southwest Native Aquatic Resources and Recovery Center -

(1) Migratory game bird hunting. We allow the hunting of sandhill crane, light and dark goose, duck, merganser, coot, mourning and white-winged dove, and band-tailed pigeon on designated areas of the center.

(2) Upland game hunting. We allow the hunting of Eurasian collared-dove; dusky (blue) grouse; pheasant; scaled quail; and Abert's, red, gray, and fox squirrel on designated areas of the center.

(3) [Reserved]

(g) Spring Creek National Fish Hatchery -

(1) Migratory bird hunting. We allow hunting of crow on designated areas of the hatchery subject to the following conditions:

(i) We only allow portable blinds and temporary blinds constructed of nonliving natural materials. Hunters must remove all equipment at the end of each day's hunt.

(ii) We allow the use of dogs when hunting.

(2) Upland game hunting. We allow hunting of bobcat, grouse, partridge, and porcupine on designated areas of the hatchery subject to the following condition: The conditions set forth at paragraphs (g)(1)(i) and (ii) of this section apply.

(3) Big game hunting. We allow hunting of bear, elk, black-tailed deer, mule deer, and wild turkey on designated areas of the hatchery subject to the following condition: The conditions set forth at paragraphs (g)(1)(i) and (ii) of this section apply.

(4) Sport fishing. See § 71.12(o) for hatchery-specific fishing regulations for this hatchery.

[85 FR 54145, Aug. 31, 2020]

§ 71.12 National fish hatcheries open for sport fishing.

The following hatcheries are open for sport fishing as governed by applicable Federal and State regulations, and are listed in alphabetical order with additional hatchery-specific regulations.

(a) Abernathy Fish Technology Center. We allow sport fishing on designated areas of the center.

(b) Berkshire National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following conditions:

(1) Anglers must abide by posted signage.

(2) Anglers must remain at least 50 feet away from raceways and fish culture areas to maintain biosecurity of stocked fish populations.

(3) On the Konkapot River, we prohibit angling equipment, including, but not limited to, live bait, boots, and rods, near the areas described in paragraph (b)(2).

(4) We limit access to Outreach Pond to youth (ages 13 and younger), supervised by an adult at all times.

(5) We allow fishing on Outreach Pond during open hatchery hours only.

(6) We prohibit the use of baitfish, shiners, and minnows in the Outreach Pond.

(7) We prohibit all fishing methods of take besides rods on Outreach Pond.

(8) We allow a daily creel limit of three (3) fish per individual at Outreach Pond. There is no creel limit during fishing derbies.

(9) We prohibit fishing during the winter in Outreach Pond.

(10) We prohibit the use of all lead, including tackle containing lead, when fishing in Outreach Pond.

(c) Craig Brook National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We only allow fishing from legal sunrise to legal sunset.

(d) Dwight D. Eisenhower National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following conditions:

(1) Anglers must abide by posted signage.

(2) Anglers must remain at least 50 feet away from the water intake from Furnace Brook, raceways, and fish culture areas for safety and to maintain biosecurity of stocked fish populations.

(3) We prohibit angling equipment, including, but not limited to, live bait, boots, and rods, near the areas described in paragraph (d)(2).

(e) Edenton National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following conditions:

(1) We allow fishing during open hatchery hours only.

(2) We prohibit the cleaning of fish on the hatchery.

(f) Entiat National Fish Hatchery. We allow sport fishing on designated areas of the hatchery.

(g) Harrison Lake National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following conditions:

(1) We only allow fishing from 12 hour before legal sunrise until 12 hour after legal sunset.

(2) We prohibit the use of nets for the capture of fish in Herring Creek.

(3) We prohibit the use of gasoline motors greater than 5 horsepower on watercraft.

(h) Hotchkiss National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We prohibit the cleaning of fish on the hatchery.

(i) Inks Dam National Fish Hatchery. We allow sport fishing on designated areas of the hatchery.

(j) Lamar National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We only allow sport fishing from legal sunrise to legal sunset.

(k) Leadville National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We prohibit the cleaning of fish on the hatchery. See § 71.11 for hatchery-specific hunting regulations for this hatchery.

(l) Leavenworth National Fish Hatchery. We allow sport fishing on designated areas of the hatchery.

(m) Little White Salmon National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We allow fishing after legal sunset, but the hatchery access road is closed from 11 p.m. to 4 a.m.

(n) Orangeburg National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following conditions:

(1) We prohibit fishing after legal sunset.

(2) We prohibit the cleaning of fish on the hatchery.

(3) We prohibit motorized boats on the hatchery while fishing.

(o) Spring Creek National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We only allow fishing from legal sunrise to legal sunset.

(p) Tishomingo National Fish Hatchery. We allow sport fishing on designated areas of the hatchery.

(q) Valley City National Fish Hatchery. We allow sport fishing on designated areas of the hatchery subject to the following condition: We prohibit the cleaning of fish on the hatchery.

(r) Willard National Fish Hatchery. We allow sport fishing on designated areas of the hatchery.

[84 FR 47790, Sept. 10, 2019, as amended at 85 FR 54146, Aug. 31, 2020]