2026-00734: Rescission of Regulations Regarding Public Access, Use, and Recreation for Four National Wildlife Refuges

Federal Register, Volume 91 Issue 10 (Thursday, January 15, 2026) [Federal Register Volume 91, Number 10 (Thursday, January 15, 2026)] [Rules and Regulations] [Pages 1718-1721] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-00734] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 26 [Docket No. FWS-HQ-NWRS-2025-0083; FXRS12610900000-256-FF09R00000] RIN 1018-BI79 Rescission of Regulations Regarding Public Access, Use, and Recreation for Four National Wildlife Refuges

Agency

Fish and Wildlife Service, Interior.

Action

Direct final rule; request for comments. -----------------------------------------------------------------------

Summary

This direct final rule removes certain regulations related to enforcement of various activities on Havasu National Wildlife Refuge, Pond Creek National Wildlife Refuge, St. Vincent National Wildlife Refuge, and Upper Mississippi River National Wildlife and Fish Refuge. Specifically, the rescinded regulations relate to activities such as use of fireworks, damaging vegetation, dogs that disturb wildlife or habitat, use of firearms and other weapons, littering, alcohol use, and boat speed. These regulations are redundant and therefore can be rescinded without adverse impact.

Dates

This final rule is effective on March 16, 2026, without further action, unless significant adverse comments are received by February 17, 2026. If significant adverse comments are received, we will publish a notification in the Federal Register before the effective date either withdrawing the rule or issuing a new final rule that responds to any significant adverse comments.

Addresses

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, enter FWS-HQ-NWRS-2025-0083, which is the docket number for this rulemaking. Then, click the Search button. In the Search panel on the left side of the screen, under the Document Type heading, click on the box next to Rule to locate this document. You may submit a comment by clicking on ``Comment.'' By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-HQ-NWRS-2025-0083, U.S. Fish and Wildlife Service, MS: PRB (JAO/3W); 5275 Leesburg Pike, Falls Church, VA 22041-3803.

For Further Information Contact

Cynthia Martinez, Chief, National Wildlife Refuge System, U.S. Fish and Wildlife Service, [email protected], (202) 208-4889. Individuals in the United States who are deaf, blind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.

Supplementary Information

The regulations contained in 50 CFR part 26 govern the circumstances under which the public can enter and use a national wildlife refuge. This rule will rescind redundant and therefore unnecessary regulations contained within 50 CFR part 26.34, special regulations concerning public access, use, and recreation for individual national wildlife refuges. The streamlining of these identified regulations will create consistency across National Wildlife Refuges and reduce confusion to the public due to the variance in wording of the regulations in multiple locations. Currently, a member of the public could be fined two different fine amounts for the same offense depending on which regulation is cited for the offense. As provided below, the identified sections will be revised and redesignated by removing redundant sections. The rescinded regulations relate to activities such as use of fireworks, damaging vegetation, dogs that disturb wildlife or habitat, use of firearms and other weapons, littering, alcohol use, and boat speed within Havasu National Wildlife Refuge, Pond Creek National Wildlife Refuge, St. Vincent National Wildlife Refuge, and Upper Mississippi River National Wildlife and Fish Refuge. The removal of these regulations is not anticipated to be controversial because they are redundant. Additionally, these revisions will not inhibit the U.S. Fish and Wildlife Service from successfully fulfilling its statutory mandate to manage these Refuges for the purposes for which they were established or managing each Refuge to fulfill the mission of the National Wildlife Refuge System. Table 1, below, summarizes the regulations to be removed from 50 CFR 26.34. Table 1--Summary of Deregulation Actions ------------------------------------------------------------------------ Summary of Regulation for removal current Summary of regulation deregulation action ------------------------------------------------------------------------ 50 CFR 26.34(b)(2)(iii)(B) Limits watercraft The Service adopts (Havasu National Wildlife speed as Arizona State Refuge, Arizona). indicated by regulations signs or governing boating regulatory buoys and the operation to no wake (as and use of boats per governed by 50 CFR State law) in 27.32(b)(1)(ii). all backwaters. Enforcement of boating restrictions at Havasu National Wildlife Refuge will continue to follow State regulations. The Service-specific regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with State regulations. 50 CFR 26.34(c)(7)(vi) (Pond Prohibits The possession or use Creek National Wildlife possession or of fireworks is Refuge, Arkansas). use of fireworks. prohibited on all Service lands per 50 CFR 27.41. The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(h)(7)(ii) (St. Prohibits the use The possession or use Vincent National Wildlife or possession of of alcoholic Refuge, Florida). alcoholic beverages while beverages during hunting is the refuge hunt prohibited on all period. Service lands per 50 CFR 32.2(j). The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. [[Page 1719]] 50 CFR 26.34(v)(2)(i)(F) Prohibits the Cutting, removing, or (Upper Mississippi River cutting, damaging any tree or National Wildlife and Fish removal, or vegetation is Refuge, Minnesota). damage of any prohibited on all tree or Service lands per 50 vegetation on CFR 27.51(a). the refuge as Furthermore, well as attaching nails, attaching nails, screws, or other screws, or other hardware to a tree hardware to any is prohibited on all tree. Service lands per 50 CFR 32.2(i). The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(v)(2)(i)(H)(1) Prohibits dogs The disturbing or (Upper Mississippi River disturbing or endangering of National Wildlife and Fish endangering wildlife is Refuge, Minnesota). wildlife or prohibited on all people while on Service lands per 50 the refuge. CFR 27.51(a). The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(v)(2)(i)(H)(3) Prohibits Allowing dogs to roam (Upper Mississippi River allowing dogs to is prohibited on all National Wildlife and Fish roam. Service lands per 50 Refuge, Minnesota). CFR 26.21(b). The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(v)(2)(i)(H)(6) Prohibits field Field trials are (Upper Mississippi River trials and prohibited on all National Wildlife and Fish commercial/ Service lands unless Refuge, Minnesota). professional dog a special permit is training. granted per 50 CFR 27.91 The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(v)(2)(i)(H)(7) Owners/handlers The littering, (Upper Mississippi River of dogs are disposing, or National Wildlife and Fish responsible for dumping of any Refuge, Minnesota). disposal of dog debris is prohibited droppings. on all Service lands per 50 CFR 27.94(a). The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(v)(2)(i)(I) Prohibits the The discharge of (Upper Mississippi River discharging of firearms, air guns, National Wildlife and Fish firearms, air or other weapons is Refuge, Minnesota). guns, or any prohibited on all other weapons on Service lands unless the refuge, engaged in unless engaged authorized in authorized activities per 50 activities CFR 27.41 and 50 CFR during 27.43. The established regulation is seasons. removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. 50 CFR 26.34(v)(2)(i)(K) Prohibits Littering and the (Upper Mississippi River littering, disposal of human National Wildlife and Fish abandonment of waste is prohibited Refuge, Minnesota). property, and on all Service lands disposal of per 50 CFR 27.94(a). human waste. Furthermore, the abandonment of property is prohibited on all Service lands per 50 CFR 27.93. The regulation is removed from 50 CFR 26.34 to allow for clarity and consistency with existing regulations. ------------------------------------------------------------------------ The Department has determined that these reasons, independently and alone, justify revision of 50 CFR 26.34. The Department has no interest in maintaining regulations that are redundant. The Department is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA; 5 U.S.C. 551-559) generally requires agencies to engage in notice and comment rulemaking, section 553 of the APA provides an exception when the agency ``for good cause finds'' that notice and comment are ``impracticable, unnecessary, or contrary to the public interest.'' The Department has determined that notice and comment are unnecessary because this rule is noncontroversial; of a minor, technical nature; involves little agency discretion; and is unlikely to receive any significant adverse comments. Significant adverse comments are those that oppose the revision of the rule and raise, alone or in combination, (1) reasons why the revision of the rule is inappropriate, including challenges to the revision's underlying premise; or (2) serious unintended consequences of the revision. A comment recommending an addition to the rule will not be considered significant and adverse unless the comment explains how this direct final rule would be ineffective without the addition. Required Determinations Executive Order (E.O.) 12866--Regulatory Planning and Review and E.O. 13563--Improving Regulation and Regulatory Review E.O. 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) will review all significant rules. OIRA has determined that this rule is not significant. E.O. 13563 reaffirms the principles of E.O. 12866, while calling for improvements in the Nation's regulatory system to promote predictability, reduce uncertainty, and use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O. 13563 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 agencies must base regulations on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. The Department developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) requires an agency to prepare a regulatory flexibility analysis for all rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. As the Department is not required to publish a notice of proposed rulemaking for this direct final rule, the RFA does not apply. Congressional Review Act This direct final rule is not a major rule under the Congressional Review Act, 5 U.S.C. 804(2). Specifically, the direct final rule: (a) will not have an annual effect on the economy of $100 million or more; (b) will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (c) will not have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based [[Page 1720]] enterprises to compete with foreign-based enterprises in domestic and export markets. Unfunded Mandates Reform Act This direct final rule does not impose an unfunded mandate on State, local, or Tribal governments, or the private sector, of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or Tribal governments, or the private sector. The rule merely revises the Federal regulations to remove an obsolete provision that is no longer used. Therefore, 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) This direct final rule does not result in a taking of private property or otherwise have regulatory takings implications under E.O. 12630. The rule rescinds a redundant regulatory provision; therefore, the rule will not result in private property being taken for public use without just compensation. A takings implication assessment is therefore not required. Federalism (E.O. 13132) Under the criteria of section 1 of E.O. 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. A federalism summary impact statement is not required. Civil Justice Reform (E.O. 12988) In accordance with E.O. 12988, the Office of the Solicitor has determined that this rule will not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Government-to-Government Relationship With Tribes In accordance with the President's memorandum of April 29, 1994, ``Government-to-Government Relations with Native American Tribal Governments'' (59 FR 22951), E.O. 13175, and 512 DM 2, we have evaluated potential effects on federally recognized Indian Tribes and have determined that this rule would not interfere with Tribes' abilities to manage themselves, their funds, or Tribal lands. Paperwork Reduction Act This direct final rule does not contain any new collection of information that requires approval by the OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act This direct final rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) is not required because this rule is covered by a categorical exclusion applicable to regulatory functions ``that are of an administrative, financial, legal, technical, or procedural nature.'' 43 CFR 46.210(i). In addition, the Department has determined that this rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. Energy Supply, Distribution or Use (E.O. 13211) This direct final rule is not a significant energy action as defined in E.O. 13211. Therefore, a Statement of Energy Effects is not required. List of Subjects in 50 CFR 26 Recreation and recreation areas, Wildlife refuges. Regulation Promulgation For the reasons stated in the preamble, we amend part 26, subchapter C of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 26--PUBLIC ENTRY AND USE 0