SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM
PART 25—ADMINISTRATIVE U.S. Fish and Wildlife Service policy PROVISIONS regarding Refuge System units, issuance of permits required on Refuge Subpart A—Introduction System units and other administrative aspects involving the management of Sec. various units of the National Wildlife 25.11 Purpose of regulations. Refuge System. The regulations in this 25.12 What do these terms mean? 25.13 Other applicable laws. subchapter apply to areas of land and water held by the United States in fee Subpart B—Administrative Provisions title and to property interests in such land and water in less than fee, includ- 25.21 Closing national wildlife refuges. 25.22 Lost and found articles. ing but not limited to easements. For 25.23 What are the general regulations and areas held in less than fee, the regula- information collection requirements? tions in this subchapter apply only to the extent that the property interest Subpart C—Public Notice held by the United States may be af- 25.31 General provisions. fected. The regulations in this sub- chapter also apply to and govern those Subpart D—Permits areas of the Rocky Mountain Arsenal over which management responsibility 25.41 General provisions. 25.42 Permits required to be exhibited on re- has been transferred to the U.S. Fish quest. and Wildlife Service under the Rocky 25.43 Revocation of permits. Mountain Arsenal Act of 1992 (Pub. L. 25.44 Easement area permits. 102–402, 106 Stat. 1961), before their es- 25.45 Appeals procedure. tablishment as a refuge and inclusion in the National Wildlife Refuge Sys- Subpart E—Fees and Charges tem. 25.51 General provisions. (b) All national wildlife refuges are 25.52 Designation. maintained for the primary purpose of 25.53 Establishment of single visit entrance developing a national program of wild- fees. life and ecological conservation and re- 25.54 Posting and public notification. 25.55 Refuge admission permits. habilitation. These refuges are estab- 25.56 Enforcement. lished for the restoration, preservation, 25.57 Exceptions and exemptions. development and management of wild- life and wildlands habitat; for the pro- Subpart F—Concessions tection and preservation of endangered 25.61 General provisions. or threatened species and their habitat; and for the management of wildlife and Subpart G—Safety Regulations wildlands to obtain the maximum ben- efits from these resources. 25.71 Public safety. 25.72 Reporting of accidents. [41 FR 9166, Mar. 3, 1976, as amended at 51 FR AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 7574, Mar. 5, 1986; 62 FR 47375, Sept. 9, 1997] 668dd, and 715i, 3901 et seq.; and Pub. L. 102– 402, 106 Stat. 1961. § 25.12 What do these terms mean? SOURCE: 41 FR 9166, Mar. 3, 1976, unless oth- (a) As used in the rules and regula- erwise noted. tions in this subchapter: Authorized official means any Federal, Subpart A—Introduction State or local official empowered to en- force provisions of this subchapter C. § 25.11 Purpose of regulations. Big game means large game animals, (a) The regulations in this sub- including moose, elk, caribou, reindeer, chapter govern general administration musk ox, deer, bighorn sheep, moun- of units of the National Wildlife Refuge tain goat, pronghorn, bear, and pec- System, public notice of changes in cary, or such species as the separate
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States may so classify within their (b) Unless otherwise stated the defi- boundaries. nitions found in 50 CFR 10.12 also apply Coordination area means a wildlife to all of subchapter C of this title 50. management area that has been with- [41 FR 9166, Mar. 3, 1976, as amended at 51 FR drawn from the public domain or ac- 7574, Mar. 5, 1986; 60 FR 62040, Dec. 4, 1995; 64 quired by the Federal Government and FR 14150, Mar. 24, 1999] subsequently made available to a State by cooperative agreement between the § 25.13 Other applicable laws. U.S. Fish and Wildlife Service and the Nothing in this subchapter shall be State fish and wildlife agency pursuant construed to relieve a person from any to the Act of March 10, 1934 (16 U.S.C. other applicable requirements imposed 661–666c: 48 Stat. 401), as amended; or by a local ordinance or by a statute or by long-term leases or agreements pur- regulation of any State or of the suant to the Bankhead-Jones Farm United States. Tenant Act (50 Stat. 525), as amended. Coordination areas are managed by the Subpart B—Administrative States but are a part of the National Provisions Wildlife Refuge System. Easement means a less than fee inter- § 25.21 Closing national wildlife ref- est in land or water acquired and ad- uges. ministered by the U.S. Fish and Wild- Once opened, all or any part of a na- life Service for the purpose of main- tional wildlife refuge may be closed to taining fish and wildlife habitat. public access and use in accordance Migratory bird means and refers to with the provisions in § 25.31, without those species of birds listed under advance notice, in the event of an § 10.13 of this chapter. emergency endangering life or property National wildlife refuge means any or to protect the resources of the area. area of the National Wildlife Refuge System, except coordination areas. § 25.22 Lost and found articles. National Wildlife Refuge System means Lost articles or money found on a na- all lands, waters, and interests therein tional wildlife refuge are to be imme- administered by the U. S. Fish and diately turned in to the nearest refuge Wildlife Service as wildlife refuges, office. wildlife ranges, wildlife management areas, waterfowl production areas, and § 25.23 What are the general regula- other areas for the protection and con- tions and information collection re- servation of fish and wildlife including quirements? those that are threatened with extinc- The Office of Management and Budg- tion. et has approved the information collec- Nontoxic shot means steel shot or tion requirements contained in sub- other shot approved pursuant to 50 chapter C, parts 25, 32, and 36 under 44 CFR 20.134. U.S.C. 3501 et seq. and assigned the fol- Service or we means U.S. Fish and lowing clearance numbers: Special Use Wildlife Service, Department of the In- Permit Applications on National Wild- terior. life Refuges in Alaska (SUP–AK), clear- Waterfowl production area means any ance number 1018–0014; Special Use Per- wetland or pothole area acquired pur- mit Applications on National Wildlife suant to section 4(c) of the amended Refuges Outside Alaska (SUP), clear- Migratory Bird Hunting Stamp Act (72 ance number 1018–0102. See § 36.3 of this Stat. 487; 16 U.S.C. 718d(c)), owned or subchapter for further information on controlled by the United States and ad- Special Use Permit Applications on ministered by the U.S. Fish and Wild- National Wildlife Refuges in Alaska. life Service as a part of the National We are collecting the information to Wildlife Refuge System. assist us in administering these pro- Wildlife management area means a grams in accordance with statutory au- general term used in describing a vari- thorities that require that recreational ety of areas that are managed for wild- uses be compatible with the primary life purposes which may be included in purposes for which the areas were es- the National Wildlife Refuge System. tablished. We require the information
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requested in the application form for § 25.42 Permits required to be exhib- the applicant to obtain a benefit. We ited on request. estimate the public reporting burden Any person on a national wildlife ref- for the SUP application form to be 30 uge shall upon request by any author- minutes per response. This includes ized official exhibit the required Fed- time for reviewing instructions, gath- eral or State permit or license author- ering and maintaining data, and com- izing their presence and activity on the pleting and reviewing the form. Direct area and shall furnish such other infor- comments on the burden estimate or mation for identification purposes as any other aspect of this form to the In- may be requested. formation Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222 § 25.43 Revocation of permits. ARLSQ, Washington, DC 20240 (1018– 0014 or 1018–0102). A permit may be terminated or re- voked at any time for noncompliance [65 FR 56400, Sept. 18, 2000] with the terms thereof or of the regula- tions in this subchapter C, for nonuse, Subpart C—Public Notice for violation of any law, regulation or order applicable to the refuge, or to § 25.31 General provisions. protect public health or safety or the Whenever a particular public access, resources of a national wildlife refuge. use or recreational activity of any type whatsoever, not otherwise expressly § 25.44 Easement area permits. permitted under this subchapter, is (a) The provisions of this subsection permitted on a national wildlife refuge shall govern the regulation of activi- or where public access, use, or rec- ties that affect easement interests ac- reational or other activities previously quired by the United States. All other permitted are curtailed, the public provisions of subchapter C shall apply may be notified by any of the following to activities within such easement methods, all of which supplement this areas, but only to the extent that those subchapter C: provisions are directly or indirectly re- (a) Official signs posted conspicu- lated to the protection of those ease- ously at appropriate intervals and loca- ment interests expressly acquired by tions; the United States which are specified (b) Special regulations issued under in the easement agreement itself, and the provisions of § 26.33 of this sub- are not inconsistent with the provi- chapter C. sions of this subsection. (c) Maps available in the office of the (b) Permits for use of easement areas refuge manager, regional director, or administered by the Service are re- area director, or quired where proposed activities may (d) Other appropriate methods which affect the property interest acquired by will give the public actual or construc- the United States. Applications for per- tive notice of the permitted or cur- mits will be submitted in writing to tailed public access, use, or rec- the regional director or a designee. reational activity. Special use permits may be granted to owners of servient estates, or to third Subpart D—Permits parties with the owner’s agreement, by the regional director or a designee, § 25.41 General provisions. upon written determination that such Permits required by this subchapter permitted use is compatible with the C can be obtained from the administra- purposes for which the easement was tive office responsible for the refuge acquired. If it is ultimately determined where the activity is to take place. If that the requested use will not affect the applicant is required to obtain the the United States’ interest, the re- applicable permit from the Director or gional director will issue a letter of Secretary, the refuge manager will so non-objection. inform the applicant, giving the appli- (c) In instances where the third appli- cant all the necessary information as cant is a governmental entity which to how and where to apply. has acquired a partial interest in the
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servient estate by subsequent con- the statement in opposition, of the ref- demnation, a special use permit may uge manager’s final decision or order. be granted to the governmental entity (c) Appeals, how taken. If the refuge without the servient estate owner’s manager still intends to proceed with agreement if the regional director or the proposed action, the permittee or his or her designee determines: applicant shall have thirty (30) days (1) The permitted use is compatible from the postmarked date of the refuge with the purpose for which the Serv- manager’s final decision or order in ice’s easement was acquired; and which to file a written appeal to the (2) The permitted use is consistent appropriate area manager. The appel- with the partial property interests ob- lant (permittee or applicant) shall be tained through condemnation. notified in writing within thirty (30) (d) The regional director or designee days from the postmarked date of the may require mitigation measures, as appeal of the area manager’s decision. determined appropriate, within the The appellant shall have (30) days from easement area, in order to make the the postmarked date of the area man- proposed use compatible with the pur- ager’s decision to further appeal in poses for which the easement was ac- quired. Such mitigation measures are writing to the appropriate regional di- solely for the purpose of complying rector. with the requirement of the National (d) Decision of regional director. The Wildlife Refuge Administration Act regional director’s decision shall be that the use be compatible with the final and issued in writing to the appel- purpose for which the area was estab- lant within thirty (30) days from the lished. If the proposed use cannot be postmarked date of the appeal. made compatible through permit stipu- (e) Oral presentation. The appellant lations and/or mitigation, the permit shall be provided an opportunity for will be denied. oral presentation before the area man- (e) Regulations pertaining to rights- ager or the regional director within the of-way in easement areas are contained respective thirty (30) day appeal peri- in 50 CFR part 29.21. ods. [51 FR 7575, Mar. 5, 1986] (f) Addresses. The addresses of the ap- propriate officials to whom appeals § 25.45 Appeals procedure. may be taken shall be furnished in each decision or order. (a) Who may appeal. Any person who is adversely affected by a refuge man- (g) Suspension pending appeal. Compli- ager’s decision or order relating to the ance with any decision or order of a person’s permit granted by the Service, refuge manager shall not be suspended or application for permit, within the by reason of an appeal having been National Wildlife Refuge System. This taken unless such suspension is author- section does not apply to permits or ized in writing by the area manager or applications for rights-of-way. See regional director (depending upon the § 29.22 for the hearing and appeals pro- official before whom the appeal is cedure on rights-of-way. pending), and then only upon a deter- (b) Preliminary procedure. Prior to mination by these officials that such making any adverse decision or order suspension will not be detrimental to on a permit or application for permit, the interests of the United States or the refuge manager shall notify the upon submission and acceptance of a permittee or applicant orally or in bond deemed adequate to indemnify writing of the proposed action and its the United States from loss or damage. effective date. The permittee or appli- cant shall have twenty (20) days after [42 FR 64120, Dec. 22, 1977. Redesignated at 51 FR 7575, Mar. 5, 1986] notification in which to present to the refuge manager, orally or in writing, a statement in opposition to the pro- Subpart E—Fees and Charges posed action or date. The permittee or applicant shall be notified in writing SOURCE: 52 FR 29860, Aug. 12, 1987, unless within twenty (20) days after receipt of otherwise noted.
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§ 25.51 General provisions. trance Fee Area will be available for Reasonable charges and fees may be issue or purchase at such area and, ex- established for public recreational use cept for refuge-specific permits, at Fish of and, except in Alaska, entrance onto and Wildlife Service Regional and national wildlife refuges. Regulations Washington, DC Offices, and at other regarding recreational use fees are con- locations as may be designated. tained in 36 CFR part 71. Regulations (1) Single visit permit with a charge regarding entrance fees are contained not to exceed $3 per person or $7.50 per in this subpart E. noncommercial vehicle (single visit can be defined as 1–15 days, dependent § 25.52 Designation. upon a determination of the period of To be designated as an ‘‘Entrance time reasonably and ordinarily nec- Fee Area’’, a unit of the National Wild- essary for such a visit at a particular life Refuge System must be found to refuge unit). demonstrate that: (2) Golden Eagle Passport. (a) The level of visitation for rec- (3) Golden Age Passport. reational purposes is high enough to (4) Golden Access Passport. (5) Federal Migratory Bird Hunting justify the collection of fees for admis- sion permits for economic reasons; and Conservation (Duck) Stamp. To be (b) There is a practical mechanism in valid, the Duck Stamp must be current existence for implementing and oper- and bear the signature of the holder on ating a system of collecting fees for ad- the front. mission permits; and § 25.56 Enforcement. (c) Imposition of a fee for admission permits is not likely to result in undue Permits issued or used for entrance economic hardship for a significant onto Entrance Fee Areas are non- number of visitors to the unit. transferable. Failure to pay the en- trance fee, to display upon request of § 25.53 Establishment of single visit an authorized official a valid permit, or entrance fees. to comply with other entrance fee pro- Entrance fees established for single visions, rules or regulations, will be visit permits at a designated Entrance subject to the penalties prescribed in 50 Fee Area shall consider the following CFR 28.31. criteria with regard to the local area within which the refuge is located: § 25.57 Exceptions and exemptions. (a) The direct and indirect cost to At Entrance Fee Areas: the Government. (a) Special admission permits for (b) The benefits to the permit holder. uses, such as group activities, may be (c) The public policy or interest issued. served. (b) No entrance fee shall be charged (d) The comparable fees charged by for persons under 16 years of age. non-Federal public agencies. (c) No entrance fee shall be charged (e) The economic and administrative for travel by private noncommercial feasibility of fee collection. vehicle over any road or highway es- tablished as part of the National Fed- § 25.54 Posting and public notification. eral Aid System (defined in 23 U.S.C. The public shall be notified that an 101), which is commonly used by the entrance fee is charged through refuge public as a means of travel between publications and posted designation two places which are outside the En- signs in accordance with § 25.31 of this trance Fee Area. part. (d) No entrance fee shall be charged for travel by private noncommercial § 25.55 Refuge admission permits. vehicle over any road or highway to (a) Unless otherwise provided, per- any land in which such person has a sons entering an Entrance Fee Area property interest if such land is within shall obtain and be in possession of a any Entrance Fee Area. valid admission permit. (e) Persons accompanying the holder (b) The following five types of per- of a valid single visit permit, Federal mits allowing entrance onto an En- Duck Stamp or Golden Eagle, Age, or
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Access Passport in a single, private, PART 26—PUBLIC ENTRY AND USE noncommercial vehicle shall be enti- tled to general entrance. Subpart A—Introduction (f) Where entry is by any means other than single, private, noncommer- Sec. 26.11 Purpose of regulations. cial vehicle, the spouse, children, or parents accompanying the holder of a Subpart B—Public Entry valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Access 26.21 General trespass provision. 26.22 General exception for entry. Passport shall be entitled to general 26.23 Exception for entry to the head- entrance. quarters office. 26.24 Exception for entry when accompanied by refuge personnel. Subpart F—Concessions 26.25 Exception for entry to persons with an economic use privilege. § 25.61 General provisions. 26.26 Exception for entry for use of emer- Public use facilities may be operated gency shelter. by concessionaires or cooperators 26.27 Exception for entry on designated under appropriate contact or legal routes of travel. agreement on national wildlife refuges Subpart C—Public Use and Recreation where there is a demonstrated justified need for services or facilities including, 26.31 General provisions. but not limited to, boat rentals, swim- 26.32 Recreational uses. 26.33 Special regulations. ming facilities, conducted tours of spe- 26.34 Special regulations concerning public cial natural attractions, shelters, ta- access, use and recreation for individual bles, trailer lots, food, lodging, and re- national wildlife refuges. lated service. 26.35 Cabin sites. 26.36 Public assemblies and meetings. Subpart G—Safety Regulations AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 715i; Pub. L. 96–315 (94 Stat. 958) and § 25.71 Public safety. Pub. L. 98–146 (97 Stat. 955). Persons using national wildlife ref- SOURCE: 41 FR 9167, Mar. 3, 1976, unless oth- erwise noted. uges shall comply with the safety re- quirements which are established under the provisions of this subchapter Subpart A—Introduction C for each individual refuge and with § 26.11 Purpose of regulations. any safety provisions which may be in- The regulations in this part govern cluded in leases, agreements, or use the circumstances under which the permits. public can enter and use a national § 25.72 Reporting of accidents. wildlife refuge. Accidents involving damage to prop- Subpart B—Public Entry erty, injury to the public or injury to wildlife that occur within the bound- § 26.21 General trespass provision. aries of any national wildlife refuge are (a) No person shall trespass, includ- to be reported as soon as possible, but ing but not limited to entering, occu- in no event later than 24 hours after pying, using, or being upon, any na- the accident, by the persons involved, tional wildlife refuge, except as specifi- to the refuge manager or other per- cally authorized in this subchapter C sonnel on duty at the national wildlife or in other applicable Federal regula- refuge headquarters. This report does tions. not relieve persons from the responsi- (b) No unconfined domestic animals, bility of making any other accident re- including but not limited to dogs, hogs, ports which may be required. cats, horses, sheep and cattle, shall be
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permitted to enter upon any national under the provisions of this subchapter wildlife refuge or to roam at large upon C. such an area, except as specifically au- thorized under the provisions of § 26.34, Subpart C—Public Use and § 27.91 or § 29.2 of this subchapter C. Recreation § 26.22 General exception for entry. § 26.31 General provisions. (a) Any person entering or using any national wildlife refuge will comply Public recreation will be permitted with the regulations in this subchapter on national wildlife refuges as an ap- C, the provisions of any special regula- propriate incidental or secondary use, tions and any other official notifica- only after it has been determined that tion as is appropriate under § 25.31. such recreational use is practicable and (b) A permit shall be required for any not inconsistent with the primary ob- person entering a national wildlife ref- jectives for which each particular area uge, unless otherwise provided under was established or with other author- the provisions of subchapter C. The ized Federal operations. permittee will abide by all the terms and conditions set forth in the permit. § 26.32 Recreational uses. Recreational uses such as, but not § 26.23 Exception for entry to the limited to, sightseeing, nature observa- headquarters office. tion and photography, interpretive cen- The headquarters office of any na- ters and exhibits, hunting and fishing, tional wildlife refuge is open to public bathing, boating, camping, ice skating, access and admission during regularly picnicking, swimming, water skiing, established business hours. and other similar activities may be permitted on national wildlife refuges. § 26.24 Exception for entry when ac- When such uses are permitted the pub- companied by refuge personnel. lic will be notified under the provisions A permit is not required for access to of this subchapter C. any part of a national wildlife refuge by a person when accompanied by ref- § 26.33 Special regulations. uge personnel. (a) Special regulations shall be issued for public use, access, and recreation § 26.25 Exception for entry to persons with an economic use privilege. within certain individual national wildlife refuges where there is a need Access to and travel upon a national to amend, modify, relax or make more wildlife refuge by a person granted eco- stringent the regulations contained in nomic use privileges on that national this subchapter C. The issued special wildlife refuge should be restricted to a regulations will supplement the provi- specified area in accordance with the sions in this part 26. provisions of their agreement, lease, or (b) Special recreational use regula- permit. tions may contain the following items: § 26.26 Exception for entry for use of (1) Recreational uses authorized. emergency shelter. (2) Seasons, period, or specific time A permit is not required for access to of use. any national wildlife area for tem- (3) Description of areas open to recre- porary shelter or temporary protection ation. in the event of emergency conditions. (4) Specific conditions or require- ments. § 26.27 Exception for entry on des- (5) Other provisions. ignated routes of travel. (6) Special regulations for public use, A permit is not required to enter, access, and recreation are published in travel on, and exit from any national the daily issue of the FEDERAL REG- wildlife refuge on public waters and ISTER and may be codified in the Code roads, and such roads, trails, footpaths, of Federal Regulations. They shall be walkways, or other routes and areas issued in compliance with procedures which are designated for public use contained in the Departmental Manual.
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§ 26.34 Special regulations concerning who can substantiate to the Secretary public access, use and recreation of the Interior that access is essential for individual national wildlife ref- to their maintaining a livelihood; so uges. long as they maintain full-time contin- uous employment in the Norfolk, Vir- VIRGINIA ginia, area may qualify for access. Back Bay National Wildlife Refuge (3) The burden of proving that the prospective permittee meets these cri- ACCESS teria shall be on the applicant by pres- entation of adequate documentation to (a) Access qualifications and specifica- the refuge manager. Permittees may be tions. (1) As provided for in Pub. L. 96– required to submit additional docu- 315, permanent, full-time residents who mentation of their eligibility to the can furnish to the refuge manager, refuge manager in order to maintain Back Bay NWR, adequate proof of con- access. Permits will be issued only to tinuous and continuing residency, com- those who legally qualify for them. mencing prior to December 31, 1979, on (4) Only one permit will be issued per the Outer Banks from the refuge family. All permits issued will be ter- boundary south to and including the minated in the event that alternate ac- village of Corolla, North Carolina, as long as they remain permanent, full- cess becomes available during the per- time residents. The south boundary of mit period. the area for access consideration is de- (5) Permits are issued for the purpose fined as a straight east-west line ex- of providing ingress and egress across tending from Currituck Sound to the the refuge beach to the permittee’s res- Atlantic Ocean and passing through a idence. Personal access is limited to point 1,600 feet due south of the permittees, their families, relatives, Currituck lighthouse. ‘‘Residence’’ and guests while being transported in means a place of general abode; ‘‘Place the permittee’s vehicle. ‘‘Personal ac- of general abode’’ means a person’s cess’’ means private, non-commercial principal, actual dwelling place in fact, use. Permits are not transferable by without regard to intent. A ‘‘dwelling’’ sale or devise. means a residential structure occupied (6) All vehicle occupants must pro- on a year-round basis by the permit ap- vide positive identification upon the plicant and shall not include seasonal request of any refuge official. or part-time dwelling units such as (b) Routes of travel. Access to, and beach houses, vacation cabins, or travel along, the refuge beach by mo- structures which are intermittently oc- torized vehicles may be allowed be- cupied. tween the dune crossing at the key (2) As provided for in Pub. L. 98–146, card operated gate near the refuge ‘‘Up to 15 additional permits shall be headquarters, and the south boundary granted to those persons meeting any of the refuge only after a permit has one of the following conditions:’’ been issued or authorization provided (i) A resident as of July 1, 1982, who by the refuge manager. Travel along held a valid Service access permit for the refuge beach by motorized vehicle improved property owners at any time shall be below the high tide line, with- during the period from July 29, 1976, in the intertidal zone, to the maximum through December 31, 1979. extent practicable. This may require (ii) Anyone in continuous residency permittees to adjust their travel times since 1976, in the area bounded on the to avoid high tides which would require north by the refuge boundary, and on the use of the emergency storm access/ the south by a straight line passing evacuation route over the east dike. through a point in the east-west pro- (c) Number of trips allowed. Permittees longation of the centerline of Albacore and members of their immediate fami- Street, Whaleshead Club Subdivision, lies residing with them are limited to a Currituck County, North Carolina. total of two round trips per day per (iii) Any permanent, full time resi- household. dent as of April 1, 1983, residing in the (d) Hours of travel. Travel along the area outlined in paragraph (a)(2)(ii) of designated route is permitted 24 hours this section and not otherwise eligible, per day from October 1 through April
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30. Travel is restricted to the hours of services, including but not limited to 5:00 a.m. to 12:00 midnight from May 1 plumbing, electrical, and repairs to through September 30. household appliances. (e) Medical emergencies. Private vehi- (3) Emergency situations. The refuge cles used in a medical emergency will manager, upon reasonable notification, be granted access. A ‘‘medical emer- will be able to authorize essential serv- gency’’ means any condition that ice/emergency repair access, outside threatens human life or limb unless the prescribed time periods, for emer- medical treatment is immediately ob- gency situations should they arise. tained. (i) False Cape State Park employees. The vehicle operator is required to pro- False Cape State Park and Virginia vide the refuge manager with a doc- Game Commission employees who are tor’s statement confirming the emer- residents in the park will be considered gency within 36 hours after the access as permanent, full-time residents as has occurred. defined in § 26.34(a) with access privi- (f) Military, fire or emergency vehicles. leges identical to those of other per- Military, fire, emergency or law en- forcement vehicles used for emergency mittees with beach access privileges. purposes may be granted access. Vehi- (j) Commercial fishermen, businesses cles used by an employee/agent of the and their employees. (1) Commercial Federal, State or local government, in fishermen who have verified that their the course of official duty other than fishing operations on the Outer Banks for emergency purposes, may be grant- of Virginia Beach, Virginia, or ed access upon advance request to the Currituck County, North Carolina, refuge manager. Continuous or recur- have been dependent since 1972 on in- ring use of the refuge beach for other gress and egress to or across the refuge than emergency purposes shall require are granted permits for access. Travel the issuance of a permit from the ref- through the refuge by commercial fish- uge manager. ermen from Currituck County, North (g) Public utility vehicles. Public util- Carolina, will be permitted only when ity vehicles used on official business directly associated with commercial will be granted access. A permit speci- fishing operations. Drivers and pas- fying the times and types of access will sengers on trips through the refuge are be issued by the refuge manager. A limited to commercial fishing crew ‘‘public utility vehicle’’ means any ve- members. A commercial fisherman means hicle owned or operated by a public one who harvests finfish by gill net or utility company enfranchised to supply haul seine in the Atlantic Ocean, and Outer Banks residents with electricity who has owned and operated a commer- or telephone service. cial fishing businesses continuously (h) Essential commercial service vehi- since 1972. Commercial permits are not (1) Essential commercial service cles. transferable by sale or devise. The vehicles on business calls during the level of commercial permittee travel hours of 8 a.m.–5 p.m. Monday through across the refuge shall not increase Friday will be granted access, only above the average yearly levels main- upon prior approval of the refuge man- ager when responding to a request from tained in the 1985–1987 period. a permittee. Such requests may be (2) Other businesses who have verbal or in writing. Access by essen- verified that their business operations tial commercial service vehicles will be on the Outer Banks of Currituck Coun- granted only after all other reasonable ty, North Carolina, have been depend- alternatives to access through the ref- ent since 1972 on ingress and egress to uge have been exhausted as determined or across the refuge will be granted by the refuge manager. permits for access in accordance with (2) ‘‘Commercial service vehicle’’ the limitations outlined in paragraph means any vehicle owned or operated (j)(1) of this section. by or on behalf of an individual, part- (3) Each commercial fisherman or nership, or corporation that is properly other business may be granted a max- licensed to engage entirely in the busi- imum of five designated employees to ness of furnishing emergency repair travel the refuge beach for commercial
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fishing or other business-related pur- native to the access requested. Author- poses only. Commercial fishing em- ization for access under this provision ployees may carry only other commer- will not be based on convenience to the cial fishing employees as passengers. applicant. Other business employees may carry (4) Medical access waiver permits only other employees of that business. may be issued under the following con- The hauling of trailers associated with ditions: the conduct of commercial fishing or (i) The Regional Director may grant other business activities is authorized. access to non-eligible permanent resi- (4) Employees of commercial fisher- dents who can show proof that their men and/or other businesses who apply physical health is such that life-threat- for access permits shall have the bur- ening situations may result from more den of proving, by the presentation of arduous travel conditions. The submis- appropriate documentation to the ref- sion of substantiating medical records uge manager, that they are an ‘‘em- is required to be considered for a med- ployee’’ for purposes of this section of ical access waiver. the regulations. Appropriate docu- (ii) All medical access waiver permit- mentation is defined as the submission tees will be required to prove that their of standardized and verifiable employ- medical condition is or continues to be ment forms including: Signed W–2 and such that a life-threatening situation W–4 forms, IRS form #1099, official would result from more arduous travel earnings statements for specified peri- conditions. Such proof shall be re- ods, employee income tax withholding quired prior to the issuance of an ac- submissions to State and Federal tax cess permit, and at 3-year intervals offices (e.g., IRS form W–3 with W–2s thereafter. attached), State unemployment tax in- formation or other proof of actual em- (iii) A second medical opinion will be ployment. Documentation for each em- required by the Regional Director prior ployee must be submitted in advance of to the issuance or re-issuance of any access being granted, or, for new em- such permit. This second opinion will ployees, within 30 days of their start- be provided for at Service expense, by a ing date. Failure to provide government designated physician. verification of employment for new (iv) No additional medical access employees within 30 days will result in waiver permits will be issued after De- termination of access privileges. cember 31, 1987. (k) Suspension or waiver of rules. (1) In (v) Previous holders of medical ac- an emergency, the refuge manager may cess waiver permits will retain access suspend any or all of the foregoing re- subject to paragraph (k)(4) (ii) and (iii) strictions on vehicular travel and an- of this section. nounce each suspension by whatever (l) Violation of rules. Violators of means are available. In the event of ad- these special regulations pertaining to verse weather conditions, the refuge Back Bay NWR are subject to legal ac- manager may close all or any portion tion as prescribed by 50 CFR 25.43 and of the refuge to vehicular traffic for part 28, including suspension or revoca- such periods as deemed advisable in the tion of all permits issued to the viola- interest of public safety. tor or responsible permittee. The ref- (2) The refuge manager may make ex- uge manager may deny access permits ceptions to access restrictions, if they to applicants who, during the 2 years are compatible with refuge purposes, immediately preceding the date of ap- for qualified permittees who have dem- plication, have formally been charged onstrated to the refuge manager a need and successfully prosecuted for three for additional access relating to health or more violations of these or other or livelihood. regulations in effect at Back Bay NWR. (3) The refuge manager may grant Individuals whose vehicle access privi- one-time use authorization for vehic- leges are suspended, revoked, or denied ular access through the refuge to indi- may, within 30 days, file a written ap- viduals, not otherwise qualified above, peal of the action to the Assistant Re- who have demonstrated to the refuge gional Director-Refuges and Wildlife, manager that there is no feasible alter- One Gateway Center, Suite 700, Newton
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Corner, Massachusetts 02158, in accord- GENERAL RULES ance with 50 CFR 25.45(c). (n) Entry on foot, bicycle or motor vehi- (m) Other access rules. (1) No permit cle. Entry on foot, bicycle, or by motor will remain in effect beyond December vehicle on designated routes is per- 31 of the year in which it was issued. mitted one-half hour before sunrise to Permits may be renewed upon the sub- one-half hour after sunset for the pur- mission of appropriate updated infor- poses of nature observation and study, mation relating to the permit, and a photography, hiking, surf fishing, and signed statement that the conditions bicycling. under which the previous permit was (o) Beach-oriented uses. Designated issued have not changed. In the event areas of the refuge beach are open to of any changes of conditions under wildlife/wildlands-oriented recreation which the permit is granted, the per- only as outlined in paragraph (n) of mittee shall notify the refuge manager this section. Entry to the beach is via in writing within 30 days. Failure to re- designated access points only. port changes may result in suspension/ (p) Parking. Limited parking at the revocation of the permit. refuge office/visitor contact station is (2) Vehicles shall be operated on the permitted only in designated spaces. refuge beach only by the permittee or Parking is available on a first-come, other authorized drivers. Permit hold- first-serve basis for persons engaged in ers shall not tow, transport or operate wildlife/wildlands-oriented recreation vehicles owned by non-permit holders only as outlined in paragraph (n) of through the refuge. Non-commercial this section. permit holders may tow utility and (q) Fires. All fires are prohibited. boat trailers when being used for their (r) Pets. Dogs and other pets, on a personal use only. Any towed vehicle hand-held leash not exceeding 10 feet in shall have advance approval from the length, are permitted from October 1 refuge manager prior to being brought through March 31. through the refuge. This access privi- (s) Other general rules. (1) Pedestrians lege is not to be used for any commer- and vehicular traffic in the sand dunes cial purpose. are prohibited. (2) Use by all groups exceeding 10 in- (3) The refuge manager may prescribe dividuals will require a Special Use restrictions as to the types of vehicles Permit, issued by the refuge manager. to be permitted to ensure public safety (3) Registered motor vehicles and and adherence to all applicable rules motorized bicycles (mopeds) are per- and regulations. mitted on the paved refuge access road (4) A magnetic card will be issued to and parking lot at refuge headquarters. each authorized driver only for his or All other motorized vehicular use is her operation of the computer con- prohibited, except as specifically au- trolled gate. No more than two cards thorized pursuant to this rule. will be issued per family. Only one ve- (4) The information collection re- hicle will be permitted to pass for each quirement contained in this rule has gate opening. Unauthorized use of the been approved by the Office of Manage- magnetic card may result in suspen- ment and Budget under 44 U.S.C. 3501, sion of the permit. A fee will be et seq., and has been assigned the num- charged to replace lost or misplaced ber 1018–0014. The information being cards. Malfunctioning cards will be re- collected is used to determine eligi- placed at no charge. bility for issuing a vehicular access (5) Access is granted for the purpose permit and a response is required to ob- of travel to and from the permittee’s tain a benefit. residence and/or place of business. Ac- [52 FR 35715, Sept. 23, 1987] cess is not authorized for the purpose of transporting individuals for hire, or EDITORIAL NOTE: For FEDERAL REGISTER ci- tations to regulations affecting temporary for the transport of prospective real es- and special regulations on national wildlife tate clients to or from the Outer Banks refuges, see the List of CFR Sections Af- of North Carolina, or for any other pur- fected in the Finding Aids section of this vol- pose not covered in this rule. ume.
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§ 26.35 Cabin sites. PART 27—PROHIBITED ACTS (a) There shall be no new private cabin site permits issued for national Subpart A—Introduction wildlife refuges. All appropriate provi- Sec. sions of 43 CFR part 21 apply to the 27.11 Purpose of regulations. phaseout of existing permits on na- tional wildlife refuges. Subpart B—Taking Violations (b) No new government owned cabin 27.21 General provisions. site permits for private recreational purposes shall be issued nor shall exist- Subpart C—Disturbing Violations: With ing permits be renewed. Vehicles
§ 26.36 Public assemblies and meet- 27.31 General provisions regarding vehicles. ings. 27.32 Boats. 27.33 Water skiing. (a) Public meetings, assemblies, dem- 27.34 Aircraft. onstrations, parades and other public expressions of view may be permitted Subpart D—Disturbing Violations: With within a national wildlife refuge open Weapons to public use, provided a permit there- 27.41 General provisions. fore has been issued by the refuge man- 27.42 Firearms. ager. 27.43 Weapons other than firearms. (b) Any application for such permit shall set forth the name of the appli- Subpart E—Disturbing Violations: Against cant, the date, time, duration, nature Plants and Animals and place of the proposed event, an es- 27.51 Disturbing, injuring, and damaging timate of the number of persons ex- plants and animals. pected to attend, and a statement of 27.52 Introduction of plants and animals. equipment and facilities to be used in connection therewith. Subpart F—Disturbing Violations: Against Nonwildlife Property (c) The refuge manager may issue a permit on proper application unless: 27.61 Destruction or removal of property. (1) A prior application for the same 27.62 Search for and removal of objects of time and place has been made which antiquity. 27.63 Search for and removal of other valued has been or will be granted; or objects. (2) The activity will present a clear 27.64 Prospecting and mining. and present danger to public health or 27.65 Tampering with vehicles and equip- safety, or undue disturbance to the ment. other users or resources of the area; or (3) The activity is of such nature that Subpart G—Disturbing Violations: Light and it cannot be reasonably accommodated Sound Equipment in the particular national wildlife ref- 27.71 Motion or sound pictures. uge; or 27.72 Audio equipment. (4) The activity conflicts with the 27.73 Artificial lights. purposes of the national wildlife ref- Subpart H—Disturbing Violations: Personal uge. Conduct (d) The permit may contain such con- ditions as are reasonably consistent 27.81 Alcoholic beverages. with protection and use of the national 27.82 Possession and delivery of controlled wildlife refuge for the purpose for substances. 27.83 Indecency and disorderly conduct. which it is maintained. It may also 27.84 Interference with persons engaged in contain reasonable limitations on the authorized activities. time and area within which the activ- 27.85 Gambling. ity is permitted. 27.86 Begging.
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Subpart I—Other Disturbing Violations terior boundaries a national wildlife refuge or portion thereof is located 27.91 Field trials. shall govern traffic and the operation 27.92 Private structures. 27.93 Abandonment of property. and use of vehicles. Such State laws 27.94 Disposal of waste. and regulations which are now or may 27.95 Fires. hereafter be in effect are hereby adopt- 27.96 Advertising. ed and made a part of the regulations 27.97 Private operations. in this part. AUTHORITY: Sec. 2, 33 Stat. 614, as amended (b) No operator of a vehicle shall be (16 U.S.C. 685); Sec. 5, 43 Stat. 651 (16 U.S.C. under the influence of intoxicating 725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 10, beverages or controlled substances. 45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat. (c) Driving or operating any vehicle 402, as amended (16 U.S.C. 664); Sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as carelessly or heedlessly, or in willful or amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); wanton disregard for the rights or safe- Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. ty of other persons, or without due care 685, 752, 690d); 16 U.S.C. 715s). or at a speed greater than is reasonable
SOURCE: 41 FR 9168, Mar. 3, 1976, unless oth- and prudent under prevailing condi- erwise noted. tions, having regard to traffic, weath- er, wildlife, road, and light conditions, Subpart A—Introduction and surface, width, and character of the travel way is prohibited. Every op- § 27.11 Purpose of regulations. erator shall maintain such control of the vehicle as may be necessary to The regulations in this part 27 govern avoid danger to persons or property or those acts by the public which are pro- wildlife. hibited at all times except as per- mitted in this part, part 26, and part 25, (d) The vehicle speed limit shall not subpart D—Permits. exceed 25 m.p.h. except as otherwise le- gally posted. [42 FR 56954, Oct. 31, 1977] (e)(1) Every motor vehicle shall at all time be equipped with a muffler in Subpart B—Taking Violations good working order, and which cannot be removed or otherwise altered while § 27.21 General provisions. the vehicle is being operated on a na- No person shall take any animal or tional wildlife refuge. To prevent ex- plant on any national wildlife refuge, cessive or unusual noise no person except as authorized under 50 CFR 27.51 shall use a muffler cut-out, bypass, or and parts 31, 32, and 33 of this sub- similar device upon a motor vehicle. A chapter C. vehicle that produces unusual or exces- sive noise or visible pollutants is pro- Subpart C—Disturbing Violations: hibited. With Vehicles (2) A refuge manager, by posting of appropriate signs or by marking on a § 27.31 General provisions regarding map which shall be available at the ref- vehicles. uge headquarters, may require that Travel in or use of any motorized or any motor vehicle operating in the des- other vehicles, including those used on ignated area shall be equipped with a air, water, ice, snow, is prohibited on spark arrestor that meets Standard national wildlife refuges except on des- 5100–1a of the U.S. Forest Service, De- ignated routes of travel, as indicated partment of Agriculture which stand- by the appropriate traffic control signs ard includes the requirements that or signals and in designated areas post- such spark arrestor shall have an effi- ed or delineated on maps by the refuge ciency to retain or destroy at least 80 manager and subject to the following percent of carbon particles, for all flow requirements and limitations: rates, and that such spark arrestor has (a) Unless specifically covered by the been warranted by its manufacturer as general and special regulations set meeting the above mentioned effi- forth in this chapter, the laws and reg- ciency requirement for at least 1,000 ulations of the State within whose ex- hours, subject to normal use, with
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maintenance and mounting in accord- following operational requirements and ance with the manufacturers rec- limitations will apply: ommendations. (1)(i) In addition to the regulations (f) The operation of a vehicle which contained in this part, the U.S. Coast does not bear valid license plates and is Guard Regulations, titles 33 and 46 not properly certified, registered, or in- CFR, are applicable on navigable wa- spected in accordance with applicable ters of the United States. State laws is prohibited. (ii) Unless specifically covered by the (g) Driving or permitting another general and special regulations set person to drive a vehicle without valid forth in this chapter, the laws and reg- license is prohibited. A valid driver’s or ulations of the State within whose ex- operator’s license must be displayed terior boundaries a national wildlife upon the request of any authorized offi- refuge or portion thereof is located cial. shall govern boating and the operation (h) Stopping, parking or leaving any and use of boats. Such laws and regula- vehicle, whether attended or unat- tions which are now or may hereafter tended, upon any road, trail, or fire be in effect are hereby adopted and lane so as to obstruct the free move- made a part of the regulations in this ment of other vehicles is prohibited, part. except in the event of accident or other (2) No operator or person in charge of conditions beyond the immediate con- any boat shall operate or knowingly trol of the operator, or as otherwise di- permit any other person to operate a rected by an authorized official. boat in a reckless or negligent manner, (i) All persons shall obey the lawful or in a manner so as to endanger or be order or signal of any authorized offi- likely to endanger any person, prop- cial directing, controlling, or regu- erty or wildlife. lating the movement of traffic. (3) No person shall operate or be in (j) Load, weight and width limita- actual physical control of a boat while tions, as may be necessary, shall be under the influence of intoxicating prescribed and the public advised under beverages or controlled substances. provisions of § 25.31. Such limitations (4) No person shall operate a boat in must be complied with by the opera- a manner which will unreasonably tors of all vehicles. interfere with other boats or with free (k) A motor vehicle involved in an and proper navigation of the water- accident is not to be moved until an ways of the areas. Anchoring in heavily authorized official arrives at the scene traveled channels or main thorough- of the accident, unless such vehicle fares shall constitute such interference constitutes a traffic or safety hazard. if unreasonable in the prevailing cir- (l) A motor vehicle shall not be oper- cumstances. ated at anytime without proper brakes (5) No person shall operate a boat on and brake lights, or from sunset to refuge waters that has a marine head sunrise without working headlights (toilet) unless it conforms to Environ- and taillights which comply with the mental Protection Agency regulations regulations for operation on the roads regarding sewage discharge. of the State within whose boundaries (6) Every sailboat when underway the refuge is located. from sunset to sunrise shall carry and (m) Such other requirements which exhibit a bright white light visible all are established under the provisions of around the horizon for a distance of this subchapter C. two miles. (7) Leaving any boat unattended, out- § 27.32 Boats. side of designated mooring or beaching (a) The use of boats in national wild- areas, for a period in excess of 72 hours life refuges is prohibited except as may without written permission of the ref- be authorized under and subject to the uge manager is prohibited and any boat requirements set forth below. so left may be impounded by the refuge (b) When the use of boats is per- manager. mitted on any national wildlife refuge, (8) Government-owned docks, piers, the public will be notified under the and floats are not to be used for load- provisions of this subchapter C and the ing and unloading of boats, except in
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emergencies or unless specifically au- (a) Persons using firearms for public thorized by the refuge manager. hunting under the provisions of 50 CFR part 32. § 27.33 Water skiing. (b) Persons carrying unloaded fire- When water skiing is permitted upon arms, that are dismantled or cased, in national wildlife refuge waters, the vehicles and boats over routes of travel public will be notified under the provi- designated under the provision of sub- sions of this subchapter C and the fol- chapter C. lowing requirements and limitations (c) Persons authorized to use fire- will apply: arms for the taking of specimens of wildlife for scientific purposes. (a) Water skiing is permitted only (d) Persons authorized by special reg- during daylight hours and during peri- ulations or permits to possess or use ods posted or otherwise designated firearms for the protection of property, under the provisions of this subchapter for field trials, and other special pur- C. poses. (b) When a skier is in ‘‘tow’’ there must be two persons in the boat at all [46 FR 47230, Sept. 25, 1981] times, with one person not operating the boat, acting as an observer of the § 27.43 Weapons other than firearms. skier in tow. The use or possession of cross bows, (c) The direction of a tow boat when bows and arrows, air guns, spears, gigs, circling will be counter clockwise. or other weapons on national wildlife (d) Skiers must wear U.S. Coast refuges is prohibited except as may be Guard approved ski belts, life jackets authorized under the provision of this or buoyant vests. subchapter C. (e) Water skiing is prohibited within [46 FR 47230, Sept. 25, 1981] 300 feet of harbors, swimming beaches, and mooring areas, and within 100 feet Subpart E—Disturbing Violations: of any designated swimming area. Against Plants and Animals § 27.34 Aircraft. § 27.51 Disturbing, injuring, and dam- The unauthorized operation of air- aging plants and animals. craft, including sail planes, and hang (a) Disturbing, injuring, spearing, gliders, at altitudes resulting in har- poisoning, destroying, collecting or at- assment of wildlife, or the unauthor- tempting to disturb, injure, spear, poi- ized landing or take-off on a national son, destroy or collect any plant or wildlife refuge, except in an emer- animal on any national wildlife refuge gency, is prohibited. National wildlife is prohibited except by special permit refuge boundaries are designated on up- unless otherwise permitted under this date FAA aeronautical charts. subchapter C. (b) [Reserved]
Subpart D—Disturbing Violations: § 27.52 Introduction of plants and ani- With Weapons mals. Plants and animals or their parts § 27.41 General provisions. taken elsewhere shall not be intro- Carrying, possessing, or discharging duced, liberated, or placed on any na- firearms, fireworks, or explosives on tional wildlife refuge except as author- national wildlife refuges is prohibited ized. unless specifically authorized under the provisions of this subchapter C. Subpart F—Disturbing Violations: Against Nonwildlife Property § 27.42 Firearms. Only the following persons may pos- § 27.61 Destruction or removal of prop- sess, use, or transport firearms on na- erty. tional wildlife refuges in accordance The destruction, injury, defacement, with this section and applicable Fed- disturbance, or the unauthorized re- eral and State law: moval of any public property including
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natural objects or private property on sets, public address systems and musi- or from any national wildlife refuge is cal instruments so as to cause unrea- prohibited. sonable disturbance to others in the vi- cinity is prohibited. § 27.62 Search for and removal of ob- jects of antiquity. § 27.73 Artificial lights. No person shall search for or remove No unauthorized person shall use or from national wildlife refuges objects direct the rays of a spotlight or other of antiquity except as may be author- artificial light, or automotive head- ized by 43 CFR part 3. lights for the purpose of spotting, lo- cating, or taking any animal within § 27.63 Search for and removal of the boundaries of any national wildlife other valued objects. refuge or along rights-of-way for public (a) No person shall search for buried or private roads within a national wild- treasure, treasure trove, valuable semi- life refuge. precious rocks, stones, or mineral specimens on national wildlife refuges Subpart H—Disturbing Violations: unless authorized by permit or by pro- vision of this subchapter C. Personal Conduct (b) Permits are required for archeo- § 27.81 Alcoholic beverages. logical studies on national wildlife ref- uges in accordance with the provisions Entering or remaining in any na- of this subchapter C. tional wildlife refuge when under the influence of alcohol, to a degree that § 27.64 Prospecting and mining. may endanger oneself or other persons Prospecting, locating, or filing min- or property or unreasonably annoy per- ing claims on national wildlife refuges sons in the vicinity, is prohibited. is prohibited unless otherwise provided § 27.82 Possession and delivery of con- by law. See § 29.31 for provisions con- trolled substances. cerning mineral leasing. (a) Definitions for the purpose of this [41 FR 9168, Mar. 3, 1976, as amended at 44 FR section: 42976, July 23, 1979] (1) The term controlled substance § 27.65 Tampering with vehicles and means a drug or other substance, or equipment. immediate precursor, included in schedules I, II, III, IV, or V of part B of Tampering with, entering, or start- the Controlled Substance Act (21 U.S.C. ing any motor vehicle, boat, equipment 812) or any drug or substance added to or machinery or attempting to tamper these schedules pursuant to the terms with, enter, or start any motor vehicle, of the Controlled Substance Act. boat, equipment or machinery on any (2) The term practitioner means a phy- national wildlife refuge without proper sician, dentist, veterinarian, scientific authorization is prohibited. investigator, pharmacist, or other per- son licensed, registered, or otherwise Subpart G—Disturbing Violations: permitted by the United States or the Light and Sound Equipment jurisdiction in which he practices to distribute or possess a controlled sub- § 27.71 Motion or sound pictures. stance in the course of professional The taking or filming of any motion practice. or sound pictures on a national wildlife (3) The term delivery means the ac- refuge for subsequent commercial use tual, attempted or constructive trans- is prohibited except as may be author- fer and/or distribution of a controlled ized under the provisions of 43 CFR substance, whether or not there exists part 5. an agency relationship. (b) Offenses. (1) The delivery of any § 27.72 Audio equipment. controlled substance on a national The operation or use of audio devices wildlife refuge is prohibited, except including radios, recording and play- that distributed by a practitioner in back devices, loudspeakers, television accordance with applicable law.
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(2) The possession of a controlled sub- § 27.92 Private structures. stance on a national wildlife refuge is No person shall without proper au- prohibited unless such substance was thority construct, install, occupy, or obtained by the possessor directly, or maintain any building, log boom, pier, pursuant to a valid prescription or dock, fence, wall, pile, anchorage, or order, from a practitioner acting in the other structure or obstruction in any course of his professional practice, or national wildlife refuge. except as otherwise authorized by ap- plicable law. § 27.93 Abandonment of property. (3) Presence in a national wildlife ref- uge when under the influence of a con- Abandoning, discarding, or otherwise trolled substance to a degree that may leaving any personal property in any endanger oneself, or another person, or national wildlife refuge is prohibited. property, or may cause unreasonable interference with another person’s en- § 27.94 Disposal of waste. joyment of a national wildlife refuge is (a) The littering, disposing, or dump- prohibited. ing in any manner of garbage, refuse sewage, sludge, earth, rocks, or other § 27.83 Indecency and disorderly con- debris on any national wildlife refuge duct. except at points or locations des- Any act of indecency or disorderly ignated by the refuge manager, or the conduct as defined by State or local draining or dumping of oil, acids, pes- laws is prohibited on any national ticide wastes, poisons, or any other wildlife refuge. types of chemical wastes in, or other- wise polluting any waters, water holes, § 27.84 Interference with persons en- streams or other areas within any na- gaged in authorized activities. tional wildlife refuge is prohibited. Disturbing, molesting, or interfering (b) Persons using a national wildlife with any employee of the United refuge shall comply with the sanitary States or of any local or State govern- requirements established under the ment engaged in official business, or provisions of this subchapter C for each with any private person engaged in the individual refuge; the sanitation provi- pursuit of an authorized activity on sions which may be included in leases, any national wildlife refuge is prohib- agreements, or use permits, and all ap- ited. plicable Federal and State laws.
§ 27.85 Gambling. § 27.95 Fires. Gambling in any form, or the oper- On all national wildlife refuges per- ation of gambling devices, for money sons are prohibited from the following: or otherwise, on any national wildlife (a) Setting on fire or causing to be refuge is prohibited. set on fire any timber, brush, grass, or other inflammable material including § 27.86 Begging. camp or cooking fires, except as au- thorized by the refuge manager or at Begging on any national wildlife ref- locations designated for that purpose uge is prohibited. Soliciting of funds or as provided for under § 26.33(c) of this for the support or assistance of any subchapter C. cause or organization is also prohibited (b) Leaving a fire unattended or not unless properly authorized. completely extinguished; (c) Throwing a burning cigarette, Subpart I—Other Disturbing match, or other lighted substance from Violations any moving conveyance or throwing of same in any place where it may start a § 27.91 Field trials. fire; and The conducting or operation of field (d) Smoking on any lands, including trials for dogs on national wildlife ref- roads, or in any buildings which have uges is prohibited except as may be au- been designated and/or posted with no thorized by special permit. smoking signs.
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§ 27.96 Advertising. Subpart B—Enforcement Authority Except as may be authorized, post- ing, distributing, or otherwise dis- § 28.21 General provisions. playing private or public notices, ad- Refuge managers and other author- vertisements, announcements, or dis- ized personnel are authorized pursuant plays of any kind in any national wild- to authority delegated from the Sec- life refuge, other than business des- retary and which has been published in ignations on private vehicles or boats the FEDERAL REGISTER (Administrative is prohibited. Manual 4 AM 4.2) to protect fish and wildlife and their habitat and prevent § 27.97 Private operations. their disturbance, to protect Service Soliciting business or conducting a lands, property, facilities, or interests commercial enterprise on any national therein and to insure the safety of the wildlife refuge is prohibited except as using public to the fullest degree pos- may be authorized by special permit. sible. The control of recreational use will be enforced to meet these purposes PART 28—ENFORCEMENT, PENALTY, pursuant to Federal, State, and local AND PROCEDURAL REQUIRE- laws and regulations: The provisions of MENTS FOR VIOLATIONS OF this subchapter C and any special regu- PARTS 25, 26, AND 27 lations issued pursuant thereto; and the prohibitions and restrictions as posted. Subpart A—Introduction [41 FR 9171, Mar. 3, 1976, as amended at 44 FR Sec. 42976, July 23, 1979; 51 FR 7575, Mar. 5, 1986] 28.11 Purpose of regulations.
Subpart B—Enforcement Authority Subpart C—Penalty Provisions 28.21 General provisions. § 28.31 General penalty provisions.
Subpart C—Penalty Provisions (a) Any person who violates any of the provisions, rules, regulations, post- 28.31 General penalty provisions. ed signs, or special regulations of this 28.32 Penalty provisions concerning fires subchapter C, or any items, conditions and timber. or restrictions in a permit, license, grant, privilege, or any other limita- Subpart D—Impoundment Procedures tion established under the subchapter 28.41 Impoundment of abandoned property. C shall be subject to the penalty provi- 28.42 Impounding of domestic animals. sions of this section. 28.43 Destruction of dogs and cats. (b) Failure of any person, utilizing the resources of any national wildlife AUTHORITY: Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); sec. 5, 43 Stat. 651 (16 U.S.C. refuge or enjoying any privilege of use 725); sec. 5, 45 Stat. 449 (16 U.S.C. 690d); sec. thereon for any purpose whatsoever, to 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 comply with any of the provisions, con- Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48 ditions, restrictions, or requirements Stat. 1270 (43 U.S.C. 315a); sec. 4, 76 Stat. 654 of this subchapter C or to comply with (16 U.S.C. 460k); sec. 4, 80 Stat. 927 (16 U.S.C. any applicable provisions of Federal or 668dd) (5 U.S.C. 301). State law may render such person lia- SOURCE: 41 FR 9171, Mar. 3, 1976, unless oth- ble to: erwise noted. (1) The penalties as prescribed by law. (Sec. 4, 76 Stat. 654, 16 U.S.C. 460k– Subpart A—Introduction 3; Sec. 4, 80 Stat. 927, as amended, 16 U.S.C. 668dd(e); Sec. 7, 60 Stat. 1080, 16 § 28.11 Purpose of regulations. U.S.C. 666a; Sec. 6, 40 Stat. 756, as The regulations in this part govern amended, 16 U.S.C. 707; Sec. 7, 48 Stat. the enforcement, penalty and proce- 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 614, dural requirements for violations of as amended, 18 U.S.C. 41.) parts 25, 26, and 27. (2) [Reserved]
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§ 28.32 Penalty provisions concerning sold or otherwise disposed of as pre- fires and timber. scribed in this section. (a) Any person violating sections (c) If the owner is unknown, no dis- 1855–1856 of the Criminal Code (18 position of the animal shall be made U.S.C. 1855–1856) as they pertain to fires until at least fifteen (15) days have on national wildlife refuge lands of the elapsed from the date of a legal notice United States shall be subject to civil of the impounding has been posted at action and to the penalty provisions of the county courthouse and 15 days the law. after the second notice published in a (b) Any person violating sections newspaper in general circulation in the 1852–1853 of the Criminal Code (18 county in which the trespass took U.S.C. 1852–1853) as they pertain to tim- place. ber on national wildlife refuge lands of (d) The notice shall state when and the United States shall be subject to where the animal was impounded and civil action and to the penalty provi- shall describe it by brand or earmark sions of the law. or distinguishing marks or by other reasonable identification. The notice Subpart D—Impoundment shall specify the time and place the Procedures animal will be offered at public sale to the highest bidder, in the event it is § 28.41 Impoundment of abandoned not claimed or redeemed. The notice property. shall reserve the right of the official Any property abandoned or left unat- conducting the sale to reject any and tended without authority on any na- all bids so received. tional wildlife refuge for a period in ex- (e) Prior to such sale, the owner may cess of 72 hours is subject to removal. redeem the animal by submitting proof The expense of the removal shall be of ownership and paying all expenses of borne by the person owning or claiming the United States for, capturing, im- ownership of the property. Such prop- pounding, advertising, care, forage, and erty is subject to sale or other disposal damage claims. after 3 months, in accordance with sec- (f) If an animal impounded under this tion 203m of the Federal Property and section is offered at public sale and no Administrative Services Act of 1959, as bid is received or if the highest bid re- amended (40 U.S.C. 484m), and regula- ceived is an amount less than the claim tions issued thereunder. Former own- of the United States, the animal may ers may apply within 3 years for reim- be sold at private sale for the highest bursement for such property, subject to amount obtainable, or be condemned disposal and storage costs and similar and destroyed or converted to the use expenses, upon sufficient proof of own- of the United States. Upon the sale of ership. any animal in accordance with this section, the buyer shall be issued a cer- § 28.42 Impounding of domestic ani- tificate of sale. mals. (g) In determining the claim of the (a) Any animal trespassing on the Federal Government in all livestock lands of any national wildlife refuge trespass cases on national wildlife ref- may be impounded and disposed of in uges, the value of forage consumed accordance with State statutes insofar shall be computed at the commercial as they may be applicable. In the ab- unit rate prevailing in the locality for sence of such State statutes, the ani- that class of livestock. In addition, the mals shall be disposed of in accordance claim shall include damages to na- with this section. tional wildlife refuge property injured (b) If the owner is known, prompt or destroyed, and all the related ex- written notice of the impounding will penses incurred in the impounding, car- be served in person with written re- ing for and disposing of the animal. ceipt obtained or delivery by certified The salary of Service employees for the mail with return receipt requested. In time spent in and about the investiga- the event of his failure to remove the tions, reports, and settlement or pros- impounded animal within five (5) days ecution of the case shall be prorated in from receipt of such notice, it will be computing the expense. Payment of
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claims due the United States shall be Subpart A—General Rules made by certified check or postal money order payable to the U.S. Fish § 29.1 Use of natural resources. and Wildlife Service. Public or private economic use of the nature resources of any wildlife refuge § 28.43 Destruction of dogs and cats. area may be authorized in accordance Dogs and cats running at large on a with section 401 of the Act of June 15, national wildlife refuge and observed 1935 (49 Stat. 383, 16 U.S.C., sec. 715s), by an authorized official in the act of where the use may contribute to or is killing, injuring, harassing or molest- related to the administration of the ing humans or wildlife may be disposed area. Economic use shall be authorized of in the interest of public safety and by appropriate permit only when the authorized activity on a wildlife refuge protection of the wildlife. area will not be incompatible with the purposes for which the refuge was es- PART 29—LAND USE MANAGEMENT tablished. Persons exercising economic privileges on refuge areas will be sub- Subpart A—General Rules ject to the applicable provisions of this subchapter and of other applicable laws Sec. and regulations governing wildlife ref- 29.1 Use of natural resources. uge areas. Permits for economic use 29.2 Cooperative land management. will contain such terms and conditions 29.3 Nonprogram uses. as are determined to be necessary for 29.4 [Reserved] the proper administration of the re- 29.5 Fees. sources. Economic use in this section includes but is not limited to grazing Subpart B—Rights-of-Way General livestock; harvesting hay and stock Regulations feed; removing timber, firewood or 29.21 Definitions. other natural products of the soil; re- 29.21–1 Purpose and scope. moving shell, sand, or gravel; culti- 29.21–2 Application procedures. vating areas; or engaging in operations 29.21–3 Nature of interest granted. that facilitate approved programs on 29.21–4 Terms and conditions. wildlife refuge areas. 29.21–5 Construction. 29.21–6 Disposal, transfer or termination of § 29.2 Cooperative land management. interest. Cooperative agreements with persons 29.21–7 Payment required. for crop cultivation, haying, grazing, 29.21–8 Electric power transmission line or the harvest of vegetative products, rights-of-way. including plantlife, growing with or 29.21–9 Rights–of–way for pipelines for the without cultivation on wildlife refuge transportation of oil, natural gas, syn- areas may be executed on a share-in- thetic liquid or gaseous fuels, or any re- kind basis when such agreements are in fined product produced therefrom. aid of or benefit to the wildlife man- 29.22 Hearing and appeals procedures. agement of the area.
Subpart C—Mineral Operations § 29.3 Nonprogram uses. 29.31 Mineral ownerships in the United Uses of wildlife refuge areas that States. make no contribution to the primary 29.32 Mineral rights reserved and excepted. objective of the program for an indi- vidual area or are in no way related to AUTHORITY: Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, the objectives of the National Wildlife 1224, secs. 4, 2, 48 Stat. 402, as amended, 1270, Refuge System are classed as nonpro- sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C. gram uses. Permission for such uses 668dd, 685, 725, 690d, 715i, 664, 43 U.S.C. 315a, 16 will be granted only when compatible U.S.C. 460k; 80 Stat. 926. with the major purposes for which such areas are established. SOURCE: 31 FR 16026, Dec. 15, 1966, unless otherwise noted. [36 FR 17998, Sept. 8, 1971]
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§ 29.4 [Reserved] shall be deemed to mean a use that is not compatible, as compatible is defined § 29.5 Fees. herein. Fees and charges for the grant of (h) Department means U.S. Depart- privileges on wildlife refuge areas and ment of the Interior unless otherwise for the sale of products taken there- specified. from, where not otherwise prescribed [34 FR 19907, Dec. 19, 1969, as amended at 39 by law or regulation, shall be set at a FR 5490, Feb. 13, 1974; 42 FR 43917, Aug. 31, rate commensurate with fees and 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, charges for similar privileges and prod- July 11, 1983; 51 FR 7575, Mar. 5, 1986] ucts made by private land owners in the vicinity or in accordance with their § 29.21–1 Purpose and scope. local value. Fees or rates of charge for The regulations in this subpart pre- products and privileges may be based scribe the procedures for filing applica- either on a monetary exchange or on a tions and the terms and conditions share in kind of the resource or prod- under which rights-of-way over and uct. across the lands administered by the U.S. Fish and Wildlife Service may be Subpart B—Rights-of-Way General granted. Regulations (a) National Wildlife Refuge System lands. Applications for all forms of § 29.21 Definitions. rights-of-way on or over such lands (a) Secretary means Secretary of the shall be submitted under authority of Interior or his authorized representa- Pub. L. 89–669, (80 Stat. 926; 16 U.S.C. tives acting under delegated authority. 668dd) as amended, or for oil and gas (b) Service means U.S. Fish and Wild- pipelines under section 28 of the Min- life Service. eral Leasing Act of 1920 (41 Stat. 449; 30 (c) Regional director means the re- U.S.C. 185) as amended by Pub. L. 93– gional director for one of the Service’s 153, following application procedures seven regions. set out in § 29.21–2. No right-of-way will (d) Project Manager means the officer be approved unless it is determined by in charge of the land under administra- the Regional Director to be compat- tion by the U.S. Fish and Wildlife Serv- ible. See § 29.21–8 for additional require- ice. ments applicable to rights-of-way for (e) National Wildlife Refuge System electric power transmission lines and land means lands and waters, or inter- § 29.21–9 for additional requirements ap- ests therein, administered by the Sec- plicable to rights-of-way for pipelines retary as wildlife refuges, areas for the for the transportation of oil, natural protection and conservation of fish and gas, synthetic liquid or gaseous fuels, wildlife that are threatened with ex- or any refined product produced there- tinction, wildlife ranges, game ranges, from. wildlife management areas, or water- (b) National Wildlife Refuge System fowl production areas. lands—easement interest. Applications (f) Other lands means all other lands, for all forms of rights-of-way across or interests therein, and waters admin- lands in which the United States owns istered by the Secretary through the only an easement interest may be sub- U.S. Fish and Wildlife Service which mitted to the Regional Director in let- are not included in National Wildlife ter form. No map exhibit is required, Refuge System lands, e.g., administra- however, the affected land should be tive sites, research stations, fish hatch- described in the letter or shown on a eries, and fishery research stations. map sketch. If the requested right-of- (g) Compatible means that the re- way will not adversely affect the quested right-of-way or use will not United States’ interest, the Regional interfere with or detract from the pur- Director may issue a letter stating poses for which units of the National that the interest of the United States Wildlife Refuge System are estab- to the right-of-way easement would not lished. The term ‘‘inconsistant’’ in sec- be affected provided there would be no tion 28(b)(1) of the Mineral Leasing Act objection to a right-of-way by the fee of 1920, as amended by Pub. L. 93–153, owner. If the interest of the United
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States will be affected, application for (A) For linear facilities (e.g., the right-of-way must be submitted in powerlines, pipelines, roads, etc.). accordance with procedures set out in § 29.21–2. Length Payment (c) Other lands outside the National Less than 5 miles ...... $50 per mile or fraction thereof. Wildlife Refuge System. Rights-of-way 5 to 20 miles ...... $500. 20 miles and over ...... $500 for each 20 miles or fraction on or over other lands will be granted thereof. in accordance with controlling authori- ties cited in 43 CFR part 2800, or for oil (B) For nonlinear facilities, $250 for and gas pipelines under section 28 of each 40 acres or fraction thereof. the Mineral Leasing Act of 1920 (41 (C) Where an application includes Stat. 449; 30 U.S.C. 185) as amended by both linear and nonlinear facilities, Pub. L. 93–153. See § 29.21–8 for addi- payment will be the aggregate of tional requirements applicable to amounts under paragraphs (a)(2)(ii)(A) rights-of-way for electric power trans- and (B) of this section. mission lines and § 29.21–9 for addi- (D) When an application is received, tional requirements applicable to the Regional Director will estimate the rights-of-way for pipelines for the costs expected to be incurred in proc- transportation of oil, natural gas, syn- essing the application. If the estimated thetic liquid or gaseous fuels, or any costs exceed the payments under para- other refined product produced there- graph (a)(2)(ii) (A), (B), or (C) of this from. Applications will be submitted in section by an amount greater than the accordance with procedures set out in cost of maintaining actual cost § 29.21–2. records, the Regional Director shall re- quire the applicant to make periodic [34 FR 19907, Dec. 19, 1969, as amended at 36 payments in advance of the incurrence FR 2402, Feb. 4, 1971; 39 FR 5490, Feb. 13, 1974; of such costs by the United States ex- 42 FR 43917, Aug. 31, 1977; 44 FR 42976, July cept for the last payment which will 23, 1979; 48 FR 31655, July 11, 1983] reflect final reimbursement for actual § 29.21–2 Application procedures. costs of the United States in processing the application. Overpayments may be (a) Application. (1) No special form of refunded or adjusted by the Regional application is required. The application Director as appropriate. should state the purpose for which the (E) The Regional Director shall, on right-of-way is being requested to- request by an applicant or prospective gether with the length, width on each applicant, give an estimate based on side of the centerline, and the esti- the best available cost information, of mated acreage. Applications, including the costs which would be incurred by exhibits, shall be filed in triplicate the United States in processing an ap- with the Regional Director for the re- plication. However, reimbursement gion in which the State is located. A will not be limited to the estimate of list of States in each region and the ad- the Regional Director if the actual dresses of the Regional Directors are costs exceed the estimate. Prospective contained in paragraph (c) of this sec- applicants are encouraged to consult tion. with the Regional Director in advance (2)(i) All applications filed pursuant of filing an application in regard to to this subpart in the name of individ- probable costs and other requirements. uals, corporations, or associations (3)(i) By accepting an easement or must be accompanied by a nonreturn- permit under this subpart, the holder able application fee. No application fee agrees to reimburse the United States will be required of (A) State of local for reasonable costs incurred by the governments or agencies or instrumen- Fish and Wildlife Service in moni- talities thereof except as to rights-of- toring the construction, operation, way, easements or permits under sec- maintenance, and termination of tion 28 of the Mineral Leasing Act of facillities within or adjacent to the 1920, as amended by Pub. L. 93–153, or easement or permit area. No reim- (B) Federal Government agencies. bursement of monitoring costs will be (ii) Application fees will be in accord- required of (A) State or local govern- ance with the following schedule: ments or agencies or instrumentalities
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thereof except as to right-of-way, ease- shall include sufficient data so as to ments, or permits granted under sec- enable the Service to prepare an envi- tion 28 of the Mineral Leasing Act of ronmental assessment and/or impact 1920 as amended by Pub. L. 93–153, or statement in accordance with section (B) Federal Government agencies. 102(2)(C) of the National Environmental (ii) Within 60 days of the issuance of Policy Act of 1969 (42 U.S.C. 4321 et an easement or permit the holder must seq.) and comply with the requirements submit a nonreturnable payment in ac- of the National Historic Preservation cordance with the following: Act of 1966 (16 U.S.C. 470 et seq.), the (A) For linear facilities e.g., Archeological and Historic Preserva- powerlines, pipelines, roads, etc.). tion Act of 1974 (16 U.S.C. 469 et seq.), Length Payment Executive Order 11593 ‘‘Protection and Enhancement of the Cultural Environ- Less than 5 miles ...... $20 per mile or fraction thereof. ment’’ of May 13, 1971 (36 FR 8921), and 5 to 20 miles ...... $200. 20 miles and over ...... $200 for each 20 miles or fraction ‘‘Procedures for the Protection of His- thereof. toric and Cultural Properties’’ (36 CFR, part 800). Concerning the National En- (B) For nonlinear facilities, $100 for vironmental Policy Act, the Regional each 40 acres or fraction thereof. Director may, at his discretion, rely on (C) Where an easement or permit in- an environmental assessment or im- cludes both linear and nonlinear facili- pact statement prepared by a ‘‘lead ties, payment will be the aggregate agency.’’ amounts under paragraph (a)(3)(2)(ii) (b) Maps. A map or plat must accom- (A) and (B) of this section. pany each copy of the application and (D) When an easement or permit is must show the right-of-way in such de- granted the Regional Director shall es- tail that the right-of-way can be accu- timate the costs, based on the best rately located on the ground. Ties to available cost information, expected to Service land boundary corner monu- be incurred by the United States in ments or some prominent cultural fea- monitoring holder activity. If the esti- tures which can be readily recognized mated costs exceed the payments under and recovered should be shown where paragraph (a)(3)(2) (ii), (A), (B), or (C) the right-of-way enters and leaves of this section by an amount which is Service project land together with greater than the cost of maintaining actual cost records for the monitoring courses and distances of the centerline. process, the Regional Director shall re- The width of the right-of-way on each quire the holder to make periodic pay- side of the centerline together with the ments of the estimated reimbursable acreage included within the right-of- costs prior to the incurrence of such way or site must also be shown. If the costs by the United States. Overpay- right-of-way or site is located wholly ments may be refunded or adjusted by within Service project land, a tie to a the Regional Director as appropriate. Government corner or prominent cul- (E) Following the termination of an tural feature which can be readily rec- easement or permit, the former holder ognized and recovered should be shown. will be required to pay additional (c) Regional or Area Director’s Address- amounts to the extent the actual costs es. to the United States have exceeded the (1) For the States of California, Ha- payments required by paragraphs waii, Idaho, Nevada, Oregon and Wash- (a)(3)(ii)(A), (B), and (C) of this section. ington: (4) All applications filed pursuant to Regional Director, U.S. Fish and Wildlife this subpart must include a detailed Service, Lloyd 500 Building, Suite 1692, 500 environmental analysis which shall in- NE. Multnomah Street, Portland Oregon clude information concerning the im- 97232. pact of the proposed use of the environ- ment including the impact on air and (2) For the States of Arizona, New water quality; scenic and esthetic fea- Mexico, Oklahoma, and Texas: tures; historic, architectural, archeo- Regional Director, U.S. Fish and Wildlife logical, and cultural features; wildlife, Service, 500 Gold Avenue, P.O. Box 1306, Al- fish and marine life, etc. The analysis buquerque, New Mexico 87103.
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(3) For the States of Illinois, Indiana, years and the right-of-way may not ex- Iowa, Michigan, Minnesota, Missouri, ceed 50 feet, plus the area occupied by Ohio, and Wisconsin: the pipeline and its related facilities unless the Regional Director finds, and Regional Director, U.S. Fish and Wildlife Service, Federal Building, Fort Snelling, records the reasons for his finding, Twin Cities, Minnesota 55111. that, in his judgment, a wider right-of- way is necessary for operation and (4) For the States of Alabama, Ar- maintenance after construction, or to kansas, Florida, Georgia, Kentucky, protect the environment or public safe- Louisiana, Mississippi, North Carolina, ty. Related facilities include but are South Carolina, Tennessee, Puerto not limited to valves, pump stations, Rico, and Virgin Islands: supporting structures, bridges, moni- Regional Director, U.S. Fish and Wildlife toring and communication devices, Service, Richard B. Russell, Federal Build- surge and storage tanks, terminals, ing, Suite 1200, 75 Spring Street, S.W., At- etc. However, a temporary permit lanta, Georgia 30303. supplementing a right-of-way may be (5) For the States of Connecticut, granted for additional land needed dur- Delaware, Maine, Maryland, Massachu- ing construction, operation, mainte- setts, New Hampshire, New York, New nance, or termination of the pipeline, Jersey, Pennsylvania, Rhode Island, or to protect the natural environment or public safety. Vermont, Virginia, and West Virginia: (b) Unless otherwise provided, no in- Regional Director, U.S. Fish and Wildlife terest granted shall give the grantee Service, One Gateway Center, Suite 700, any right whatever to remove any ma- Newton Corner, Massachusetts 03158. terial, earth, or stone for construction (6) For the States of Colorado, Kan- or other purpose, except that stone or sas, Montana, Nebraska, North Dakota, earth necessarily removed from the South Dakota, Utah, and Wyoming: right-of-way in the construction of a project may be used elsewhere along Regional Director, U.S. Fish and Wildlife the same right-of-way in the construc- Service, P.O. Box 25486, Denver Federal tion of the same project. Center, Denver, Colorado 80225. (7) For the State of Alaska: [31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977] Regional Director, U.S. Fish and Wildlife Service, 1101 E. Tudor Road, Anchorage, § 29.21–4 Terms and conditions. Alaska 99503. (a) Any right-of-way easement or per- [31 FR 16026, Dec. 15, 1966, as amended at 42 mit granted will be subject to out- FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, standing rights, if any, in third parties. 1979; 48 FR 31655, July 11, 1983] (b) An applicant, by accepting an easement or permit agrees to such § 29.21–3 Nature of interest granted. terms and conditions as may be pre- (a) Where the land administered by scribed by the Regional Director in the the Secretary is owned in fee by the granting document. Such terms and United States and the right-of-way is conditions shall include the following, compatible with the objectives of the unless waived in part by the Regional area, permit or easement may be ap- Director, and may include additional proved and granted by the Regional Di- special stipulations at his discretion. rector. Generally an easement or per- See § 29.21–8 for special requirements mit will be issued for a term of 50 years for electric powerlines and § 29.21–9 for or so long as it is used for the purpose special requirements for oil and gas granted, or for a lesser term when con- pipelines. sidered appropriate. For rights-of-way (1) To comply with State and Federal granted under authority of section 28 laws applicable to the project within of the Mineral Leasing Act of 1920, as which the easement or permit is grant- amended, for pipelines for the transpor- ed, and to the lands which are included tation of oil, natural gas, synthetic liq- in the right-of-way, and lawful existing uid or gaseous fuels, or any refined regulations thereunder. product produced therefrom, the grant (2) To clear and keep clear the lands may be for a term not to exceed 30 within the easement or permit area to
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the extent and in the manner directed lands or property, such agency in lieu by the project manager in charge; and thereof agrees to repair all such dam- to dispose of all vegetative and other ages. Where the easement of permit in- material cut, uprooted, or otherwise volves lands which are under the exclu- accumulated during the construction sive jurisdiction of the United States, and maintenance of the project in such the holder or his employees, contrac- a manner as to decrease the fire hazard tors, or agents of the contractors, shall and also in accordance with such in- be liable to third parties for injuries in- structions as the project manager may curred in connection with the ease- specify. ment or permit area. Grants of ease- (3) To prevent the disturbance or re- ments or permits involving special haz- moval of any public land survey monu- ards will impose liability without fault ment or project boundary monument for injury and damage to the land and unless and until the applicant has re- property of the United States up to a quested and received from the Regional specified maximum limit commensu- Director approval of measures the ap- rate with the foreseeable risks or haz- plicant will take to perpetuate the lo- ards presented. The amount of no-fault cation of aforesaid monument. liability for each occurrence is hereby (4) To take such soil and resource limited to no more than $1,000,000. conservation and protection measures, (8) To notify promptly the project including weed control on the land cov- manager in charge of the amount of ered by the easement or permit as the merchantable timber, if any, which project manager in charge may re- will be cut, removed, or destroyed in quest. the construction and maintenance of (5) To do everything reasonably with- the project, and to pay the United in his power, both independently and States in advance of construction such on request of any duly authorized rep- sum of money as the project manager resentative of the United States, to may determine to be the full stumpage prevent and suppress fires on or near, value of the timber to be so cut, re- lands to be occupied under the ease- moved, or destroyed. ment or permit area, including making (9) That all or any part of the ease- available such construction and main- ment or permit granted may be termi- tenance forces as may be reasonably nated by the Regional Director, for obtainable for the suppression of such failure to comply with any or all of the fires. terms or conditions of the grant, or for (6) To rebuild and repair such roads, abandonment. A rebuttable presump- fences, structures, and trails as may be tion of abandonment is raised by delib- destroyed or injured by construction erate failure of the holder to use for work and upon request by the Regional any continuous 2-year period the ease- Director, to build and maintain nec- ment or permit for the purpose for essary and suitable crossings for all which it was granted or renewed. In the roads and trails that intersect the event of noncompliance of abandon- works constructed, maintained, or op- ment, the Regional Director will notify erated under the right-of-way. in writing the holder of the easement (7) To pay the United States the full or permit of his intention to suspend or value for all damages to the lands or terminate such grant 60 days from the other property of the United States date of the notice, stating the reasons caused by him or by his employees, therefor, unless prior to that time the contractors, or employees of the con- holder completes such corrective ac- tractors, and to indemnify the United tions as are specified in the notice. The States against any liability for dam- Regional Director may grant an exten- ages to life, person or property arising sion of time within which to complete from the occupancy or use of the lands corrective actions when, in his judg- under the easement or permit, except ment, extenuating circumstances not where the easement or permit is grant- within the holder’s control such as ad- ed hereunder to a State or other gov- verse weather conditions, disturbance ernmental agency which has no legal to wildlife during breeding periods or power to assume such a liability with periods of peak concentration, or other respect to damages caused by it to compelling reasons warrant. Should
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the holder of a right-of-way issued access to the easement or permit area under authority of the Mineral Leasing for the purpose of making inspections Act, as amended, fail to take correc- and monitoring the construction, oper- tive action within the 60-day period, ation and maintenance of facilities. the Regional Director will provide for (14) That the easement or permit an administrative proceeding pursuant herein granted shall be subject to the to 5 U.S.C. 554, prior to a final Depart- express covenant that any facility con- mental decision to suspend or termi- structed thereon will be modified or nate the easement or permit. In the adapted, if such is found by the Re- case of all other right-of-way holders, gional Director to be necessary, with- failure to take corrective action within out liability or expense to the United the 60-day period will result in a deter- States, so that such facility will not mination by the Regional Director to conflict with the use and occupancy of suspend or terminate the easement or the land for any authorized works permit. No administrative proceeding which may hereafter be constructed shall be required where the easement thereon under the authority of the or permit terminates under its terms. United States. Any such modification (10) To restore the land to its original will be planned and scheduled so as not condition to the satisfaction of the Re- to interfere unduly with or to have gional Director so far as it is reason- minimal effect upon continuity of en- ably possible to do so upon revocation ergy and delivery requirements. and/or termination of the easement or (15) That the easement or permit permit, unless this requirement is herein granted shall be for the specific waived in writing by the Regional Di- use described and may not be construed rector. Termination also includes per- to include the further right to author- mits or easements that terminate ize any other use within the easement under the terms of the grant. or permit area unless approved in writ- (11) To keep the project manager in- ing by the Regional Director. formed at all times of his address, and, [31 FR 16026, Dec. 15, 1966, as amended at 42 in case of corporations, of the address FR 43918, Aug. 31, 1977] of its principal place of business and the names and addresses of its prin- § 29.21–5 Construction. cipal officers. (a) If construction is not commenced (12) That in the construction, oper- within two (2) years after date of right- ation, and maintenance of the project, of-way grant, the right-of-way may be he shall not discriminate against any canceled by the Director of the U.S. employee or applicant for employment Fish and Wildlife Service at his discre- because of race, creed, color, or na- tion. tional origin and shall require an iden- (b) Proof of construction: Upon com- tical provision to be included in all pletion of construction, the applicant subcontracts. shall file a certification of completion (13) That the grant of the easement with the Regional Director. or permit shall be subject to the ex- press condition that the exercise there- [42 FR 43919, Aug. 31, 1977] of will not unduly interfere with the management, administration, or dis- § 29.21–6 Disposal, transfer or termi- posal by the United States of the land nation of interest. affected thereby. The applicant agrees (a) Change in jurisdiction over and dis- and consents to the occupancy and use posal of lands. The final disposal by the by the United States, its grantees, per- United States of any tract of land tra- mittees, or lessees of any part of the versed by a right-of-way shall not be easement of permit area not actually construed to be a revocation of the occupied for the purpose of the granted right-of-way in whole or in part, but rights to the extent that it does not such final disposition shall be deemed interfere with the full and safe utiliza- and taken to be subject to such right- tion thereof by the holder. The holder of-way unless it has been specifically of an easement or permit also agrees canceled. that authorized representatives of the (b) Transfer of easement or permit. Any United States shall have the right of proposed transfer, by assignment,
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lease, operating agreement or other- The Regional Director will furnish a wise, of an easement or permit must be notice in writing to the holder of an filed in triplicate with the Regional Di- easement or permit of intent to impose rector and must be supported by a stip- new charges to reflect fair market ulation that the transferee agrees to value commencing with the ensuing comply with and be bound by the terms charge year. The revised charges will and conditions of the original grant. A be effective unless the holder files an $25 nonreturnable service fee must ac- appeal in accordance with § 29.22. company the proposal. No transfer will (c) In instances where damage to a be recognized unless and until approved unit of the National Wildlife Refuge in writing by the Regional Director. System will result, the Regional Direc- (c) Disposal of property on termination tor may require mitigation measures, of right-of-way. In the absence of any as determined by him, within the ease- agreement to the contrary, the holder ment or permit area or on adjacent of the right-of-way will be allowed 6 Service land or replacement land to months after termination to remove all make the proposed use compatible with property or improvements other than a the purposes for which the unit of the road and useable improvements to a system was established. Such mitiga- road, placed thereon by him; otherwise, tion measures, and/or the replacement all such property and improvements of land, are solely for the purpose of shall become the property of the complying with the requirement of the United States. Extensions of time may National Wildlife Refuge System Ad- be granted at the discretion of the Re- ministrative Act that the use be com- gional Director. patible with the purpose for which the [31 FR 16026, Dec. 15, 1966, as amended at 42 area was established and shall be in ad- FR 43919, Aug. 31, 1977] dition to the payment of fair market value. § 29.21–7 Payment required. (a) Payment for use and occupancy of [42 FR 43919, Aug. 31, 1977] lands under the regulations of this sub- § 29.21–8 Electric power transmission part will be required and will be for fair line rights-of-way. market value as determined by ap- praisal by the Regional Director. At By accepting a right-of-way for a the discretion of the Regional Director, power transmission line, the applicant the payment may be a lump sum pay- thereby agrees and consents to comply ment or an annual fair market rental with and be bound by the following payment, to be made in advance. If any terms and conditions, except those Federal, State or local agency is ex- which the Secretary may waive in a empted from such payment by and any particular case, in addition to those other provision of Federal law, such specified in § 29.21–4(b). agency shall otherwise compensate the (a) To protect in a workmanlike Service by any other means agreeable manner, at crossings and at places in to the Regional Director, including, proximity to his transmission lines on but not limited to, making other land the right-of-way authorized, in accord- available or the loan of equipment or ance with the rules prescribed in the personnel, except that any such com- National Electric Safety Code, all Gov- pensation shall relate to, and be con- ernment and other telephone, tele- sistent with the objectives of the Na- graph and power transmission lines tional Wildlife Refuge System. The Re- from contact and all highways and rail- gional Director may waive such re- roads from obstruction and to main- quirement for compensation if he finds tain his transmission lines in such such requirement impracticable or un- manner as not to menace life or prop- necessary. erty. (b) When annual rental payments are (b) Neither the privilege nor the right used, such rates shall be reviewed by to occupy or use the lands for the pur- the Regional Director at any time not pose authorized shall relieve him of less than 5 years after the grant of the any legal liability for causing induc- permit, right-of-way, or easement or tive or conductive interference be- the last revision of charges thereunder, tween any project transmission line or
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other project works constructed, oper- environmental information required by ated, or maintained by him on the ser- § 29.21–2(a)(4) of this subpart. If the Re- vient lands, and any radio installation, gional Director determines that a pro- telephone line, or other communica- posed project will have a significant af- tion facilities now or hereafter con- fect on the environment, there must structed and operated by the United also be furnished a plan of construc- States or any agency thereof. tion, operations, and rehabilitation of the proposed facilities. In addition to [42 FR 43919, Aug. 31, 1977, as amended at 48 FR 31655, July 11, 1983] terms and conditions imposed under § 29.21–4, the Regional director will im- § 29.21–9 Rights-of-way for pipelines pose such stipulations as may be re- for the transportation of oil, nat- quired to assure: (i) Restoration, re- ural gas, synthetic liquid or gaseous vegetation and curtailment of erosion fuels, or any refined product pro- of the surface; (ii) that activities in duced therefrom. connection with the right-of-way or (a) Application procedure. Applica- permit will not violate applicable air tions for pipelines and related facilities and water quality standards in related under this section are to be filed in ac- facilities siting standards established cordance with § 29.21–2 of these regula- by law; (iii) control or prevention of tions with the following exception: damage to the environment including When the right-of-way or proposed facility damage to fish and wildlife habitat, will occupy Federal land under the control of public or private property, and public more than one Federal Agency and/or more health and safety; and (iv) protection than one bureau or office of the Department of the interests of individuals living in of the Interior, a single application shall be the general area of the right-of-way or filed with the appropriate State Director of permit who rely on the fish, wildlife, the Bureau of Land Management in accord- and biotic resources of the area for sub- ance with regulations in 43 CFR part 2800. sistence purposes. Any portion of the facility occupying (c) Disclosure. If the applicant is a land of the National Wildlife Refuge partnership, corporation, association, System will be subject to the provi- or other business entity it must dis- sions of these regulations. close the identity of the participants in (b) Right-of-way grants under this sec- the entity. Such disclosure shall in- tion will be subject to the special re- clude where applicable (1) the name quirements of section 28 of the Mineral and address of each partner, (2) the Leasing Act of 1920 (30 U.S.C. 185), as name and address of each shareholder amended, as set forth below. Gathering owning 3 percentum or more of the lines and associated structures used shares, together with the number and solely in the production of oil and gas percentage of any class of voting under valid leases on the lands admin- shares of the entity which such share- istered by the Fish and Wildlife Service holder is authorized to vote, and (3) the are excepted from the provisions of this name and address of each affiliate of section. the entity together with, in the case of (1) Pipeline safety. Rights-of-way or an affiliate controlled by the entity, permits granted under this section will the number of shares and the percent- include requirements that will protect age of any class of voting stock of that the safety of workers and protect the affiliate owned, directly or indirectly, public from sudden ruptures and slow by that entity, and in the case of an af- degradation of the pipeline. An appli- filiate which controls that entity, the cant must agree to design, construct, number of shares and the percentage of and operate all proposed facilities in any class of voting stock of that entity accordance with the provisions of parts owned, directly or indirectly, by the af- 192 and/or 195 of title 49 of the CFR and filiate. in accordance with the Occupational (d) Technical and financial capability. Safety and Health Act of 1970, Pub. L. The Regional Director may grant or 91–596, including any amendments renew a right-of-way or permit under thereto. this section only when he is satisfied (2) Environmental protection. An appli- that the applicant has the technical cation for a right-of-way must contain and financial capability to construct,
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operate, maintain and terminate the tice to the holder and an opportunity facility. At the discretion of the Re- to comment. gional Director, a financial statement (j) Common carriers. (1) Pipelines and may be required. related facilities used for the transpor- (e) Reimbursement of costs. In accord- tation of oil, natural gas, synthetic liq- ance with § 29.21–2(a)(3) of this subpart, uid or gaseous fuels, or any refined the holder of a right-of-way or permit product produced therefrom shall be must reimburse the Service for the constructed, operated, and maintained cost incurred in monitoring the con- as common carriers. struction, operation, maintenance, and (2)(i) The owners or operators of pipe- termination of any pipeline or related lines subject to this subpart shall ac- facilities as determined by the Re- cept, convey, transport, or purchase gional Director. without discrimination all oil or gas (f) Public hearing. The Regional Di- delivered to the pipeline without re- rector shall give notice to Federal, gard to whether such oil or gas was State, and local government agencies, produced on Federal or non-Federal and the public, and afford them the op- lands. portunity to comment on right-of-way (ii) In the case of oil or gas produced applications under this section. A no- from Federal lands or from the re- tice will be published in the FEDERAL sources on the Federal lands in the vi- cinity of the pipelines, the Secretary REGISTER and a public hearing may be held where appropriate. may, after a full hearing with due no- tice thereof to the interested parties (g) Bonding. Where appropriate the and a proper finding of facts, determine Regional Director may require the the proportionate amounts to be ac- holder of a right-of-way or permit to cepted, conveyed, transported or pur- furnish a bond, or other security satis- chased. factory to him, to secure all or any of (3)(i) The common carrier provisions the obligations imposed by the terms of this section shall not apply to any and conditions of the right-of-way or natural gas pipeline operated by any permit or by any rule or regulation, person subject to regulation under the not to exceed the period of construc- Natural Gas Act or by any public util- tion plus one year or a longer period if ity subject to regulation by a State or necessary for the pipeline to stabilize. municipal regulatory agency having (h) Suspension of right-of-way. If the jurisdiction to regulate the rates and Project Manager determines that an charges for the sale of natural gas to immediate temporary suspension of ac- consumers within the State or munici- tivities within a right-of-way or permit pality. area is necessary to protect public (ii) Where natural gas not subject to health and safety or the environment, state regulatory or conservation laws he may issue an emergency suspension governing its purchase by pipelines is order to abate such activities prior to offered for sale, each such pipeline an administrative proceeding. The Re- shall purchase, without discrimination, gional Director must make a deter- any such natural gas produced in the mination and notify the holder in writ- vicinity of the pipeline. ing within 15 days from the date of sus- (4) The Regional Director shall re- pension as to whether the suspension quire, prior to granting or renewing a should continue and list actions needed right-of-way, that the applicant submit to terminate the suspension. Such sus- and disclose all plans, contracts, agree- pension shall remain in effect for only ments, or other information or mate- so long as an emergency condition con- rial which he deems necessary to deter- tinues. mine whether a right-of-way shall be (i) Joint use of rights-of-way. Each granted or renewed and the terms and right-of-way or permit shall reserve to conditions which should be included in the Regional Director the right to the right-of-way. Such information grant additional rights-of-way or per- may include, but is not limited to: (i) mits for compatible uses on or adjacent Conditions for, and agreements among to rights-of-way or permit areas grant- owners or operators, regarding the ad- ed under this section after giving no- dition of pumping facilities, looping, or
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otherwise increasing the pipeline or Secretary shall be taken pursuant to 43 terminal’s throughput capacity in re- CFR part 4, subpart G. sponse to actual or anticipated in- [44 FR 42976, July 23, 1979] creases in demand; (ii) conditions for adding or abandoning intake, offtake, or storage points or facilities; and (iii) Subpart C—Mineral Operations minimum shipment or purchase tenders. § 29.31 Mineral ownerships in the United States. (k) Limitations on export. Any domes- tically produced crude oil transported Where mineral rights to lands in by pipeline over rights-of-way granted wildlife refuge areas are vested in the pursuant to section 28 of the Mineral United States, the provisions of 43 CFR Leasing Act of 1920, except such crude 3101.3–3, 3109.4, 3201.1–6 and 3501.2–2 gov- oil which is either exchanged in similar ern. quantity for convenience or increased [31 FR 16026, Dec. 15, 1966, as amended at 44 efficiency of transportation with per- FR 42976, July 23, 1979] sons or the government of an adjacent foreign state, or which is temporarily § 29.32 Mineral rights reserved and ex- exported for convenience or increased cepted. efficiency of transportation across Persons holding mineral rights in parts of an adjacent foreign state and wildlife refuge lands by reservation in reenters the United States, shall be the conveyance to the United States subject to all of the limitation and li- and persons holding mineral rights in censing requirements of the Export Ad- such lands which rights vested prior to ministration Act of 1969. the acquisition of the lands by the (l) State standards. The Regional Di- United States shall, to the greatest ex- rector shall take into consideration, tent practicable, conduct all explo- and to the extent practical comply ration, development, and production with, applicable State standards for operations in such a manner as to pre- right-of-way construction, operation, vent damage, erosion, pollution, or and maintenance. contamination to the lands, waters, fa- (m) Congressional notification. The cilities and vegetation of the area. So Secretary shall notify the House and far as is practicable, such operations Senate Committees on Interior and In- must also be conducted without inter- sular Affairs promptly upon receipt of ference with the operation of the ref- an application for a right-of-way for uge or disturbance to the wildlife pipeline 24 inches or more in diameter, thereon. Physical occupancy of the and no right-of-way for such a pipeline area must be kept to the minimum shall be granted until 60 days (not in- space compatible with the conduct of cluding days on which the House or efficient mineral operations. Persons Senate has adjourned for more than conducting mineral operations on ref- three days) after a notice of intention uge areas must comply with all appli- to grant the right-of-way together with cable Federal and State laws and regu- the Secretary’s detailed findings as to lations for the protection of wildlife terms and conditions he proposes to and the administration of the area. Oil impose, has been submitted to the field brine, slag, and all other waste Committees, unless each Committee by and contaminating substances must be resolution waives the waiting period. kept in the smallest practicable area, [42 FR 43921, Aug. 31, 1977] must be confined so as to prevent es- cape as a result of rains and high water § 29.22 Hearing and appeals proce- or otherwise, and must be removed dures. from the area as quickly as practicable An appeal may be taken from any in such a manner as to prevent con- final disposition of the Regional Direc- tamination, pollution, damage, or in- tor to the Director, U.S. Fish and Wild- jury to the lands, waters, facilities, or life Service, and, except in the case of vegetation of the refuge or to wildlife. a denial of a right-of-way application, Structures and equipment must be re- from the latter’s decision to the Sec- moved from the area when the need for retary of the Interior. Appeals to the them has ended. Upon the cessation of
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operations the area shall be restored as reindeer, dogs, and cats, without own- nearly as possible to its condition prior ership that have reverted to the wild to the commencement of operations. from a domestic state may be taken by Nothing in this section shall be applied authorized Federal or State personnel so as to contravene or nullify rights or by private persons operating under vested in holders of mineral interests permit in accordance with applicable on refuge lands. provisions of Federal or State law or regulation. PART 30—RANGE AND FERAL (b) [Reserved] ANIMAL MANAGEMENT [31 FR 16027, Dec. 15, 1966]
Subpart A—Range Animals § 30.12 Disposition of feral animals. Sec. Feral animals taken on wildlife ref- 30.1 Surplus range animals. uge areas may be disposed of by sale on 30.2 Disposition of surplus range animals. the open market, gift or loan to public or private institutions for specific pur- Subpart B—Feral Animals poses, and as otherwise provided in sec- 30.11 Control of feral animals. tion 401 of the act of June 15, 1935 (49 30.12 Disposition of feral animals. Stat. 383, 16 U.S.C. 715s). AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 668dd, as [38 FR 16356, June 22, 1973] amended; 16 U.S.C. 715i, as amended; 41 CFR 101–44. PART 31—WILDLIFE SPECIES MANAGEMENT Subpart A—Range Animals § 30.1 Surplus range animals. Subpart A—Surplus Wildlife Range animals on fenced wildlife ref- Sec. uge areas, including buffalo and long- 31.1 Determination of surplus wildlife popu- horn cattle, determined to be surplus lations. to the needs of the conservation pro- 31.2 Methods of surplus wildlife population control and disposal. gram may be planned and scheduled for disposal. Subpart B—Terms and Conditions of [38 FR 16356, June 22, 1973] Wildlife Reduction and Disposal
§ 30.2 Disposition of surplus range ani- 31.11 Donation and loan of wildlife speci- mals. mens. 31.12 Sale of wildlife specimens. Disposition shall be made only dur- 31.13 Commercial harvest of fishery re- ing regularly scheduled disposal pro- sources. gram periods, except in the event of ex- 31.14 Official animal control operations. igent circumstances affecting the ani- 31.15 Public hunting and fishing programs. mals, their range, or the recipient. The 31.16 Trapping program. Refuge Manager is responsible for de- 31.17 Disposal of furs and pelts. termining the existence of ‘‘exigent AUTHORITY: Sec. 2, 33 Stat. 614, as amended, circumstances.’’ Surplus range animals sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, may be disposed of, subject to State 1224, secs. 4, 2, 48 Stat. 402, as amended, 451, and Federal health laws and regula- as amended, 1270, sec. 4, 76 Stat. 654; 5 U.S.C. 301, 16 U.S.C. 685, 725, 690d, 715i, 664, 718(b), 43 tions, by donation for specific purposes U.S.C. 315a, 16 U.S.C. 460k; sec. 2, 80 Stat. 926; to public agencies, public institutions, 16 U.S.C. 668bb. other governments or charitable insti- tutions, or sold on the open market. SOURCE: 31 FR 16027, Dec. 15, 1966, unless otherwise noted. [62 FR 19937, Apr. 24, 1997] Subpart A—Surplus Wildlife Subpart B—Feral Animals § 31.1 Determination of surplus wild- § 30.11 Control of feral animals. life populations. (a) Feral animals, including horses, The populations and requirements of burros, cattle, swine, sheep, goats, wildlife species on wildlife refuge areas
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shall be determined by population cen- or State personnel or by permit issued sus, habitat evaluation, and other to private individuals. means of ecological study. (b) Animal species which are dam- aging or destroying Federal property § 31.2 Methods of surplus wildlife pop- within a wildlife refuge area may be ulation control and disposal. taken or destroyed by Federal per- Upon a determination that wildlife sonnel. are surplus to a balanced conservation program on any wildlife refuge area, § 31.15 Public hunting and fishing pro- the surplus may be reduced or utilized grams. in accordance with Federal and State The privilege of hunting and fishing law and regulation by: may be extended to the general public (a) Donation or loan to public agen- under the provisions of regulations cies and institutions. cited in parts 32 and 33 of this sub- (b) Sale to public or private agencies chapter. and institutions. (c) Commercial harvest of fishery re- § 31.16 Trapping program. sources. Except as hereafter noted, persons (d) Official wildlife control oper- trapping animals on wildlife refuge ations. areas where trapping has been author- (e) Public hunting or fishing. ized shall secure and comply with the (f) Trapping. provisions of a Federal permit issued for that purpose. This permit shall Subpart B—Terms and Conditions specify the terms and conditions of of Wildlife Reduction and Disposal trapping activity and the rates of charge or division of pelts, hides, and § 31.11 Donation and loan of wildlife carcasses. Lands acquired as ‘‘water- specimens. fowl production areas’’ shall be open to Wildlife specimens may be donated or public trapping without Federal permit loaned to public institutions for spe- provided that trapping on all or part of cific purposes. Donation or loans of individual areas may be temporarily resident species of wildlife will not be suspended by posting upon occasions of made unless the recipient has secured unusual or critical conditions affecting the approval of the State. land, water, vegetation, or wildlife pop- ulations. Each person trapping on any [38 FR 16356, June 22, 1973] wildlife refuge area shall possess the required State license or permit and § 31.12 Sale of wildlife specimens. shall comply with the provisions of Surplus wildlife specimens may be State laws and regulations. sold alive or butchered, dressed and processed subject to Federal and State [36 FR 17998, Sept. 8, 1971] laws and regulations and the provisions § 31.17 Disposal of furs and pelts. of this part. The disposition of animals and the § 31.13 Commercial harvest of fishery pelts or carcasses thereof accruing to resources. the United States through the trapping Fishery resources of commercial im- programs shall be sold by public auc- portance on wildlife refuge areas may tion or on the open market unless re- be taken under permit in accordance quired for official purposes. with Federal and State law and regula- tion. PART 32—HUNTING AND FISHING
§ 31.14 Official animal control oper- Subpart A—General Provisions ations. (a) Animal species which are surplus Sec. 32.1 Opening of wildlife refuge areas to or detrimental to the management pro- hunting. gram of a wildlife refuge area may be 32.2 What are the general provisions regard- taken in accordance with Federal and ing hunting on areas of the National State laws and regulations by Federal Wildlife Refuge System?
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32.3 Procedures for publication of refuge- 32.72 Guam. specific hunting regulations. 32.4 Opening of wildlife refuge areas to fish- AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, ing. 668dd–668ee, and 715i. 32.5 General provisions regarding fishing on SOURCE: 58 FR 5064, Jan. 19, 1993, unless wildlife refuges. otherwise noted. 32.6 Procedures for publication of refuge- specific fishing regulations. 32.7 What refuge units are open to hunting Subpart A—General Provisions and/or fishing? 32.8 Areas closed to hunting. § 32.1 Opening of wildlife refuge areas to hunting. Subpart B—Refuge-Specific Regulations for The opening of a wildlife refuge area Hunting and Fishing to hunting will be dependent upon the 32.20 Alabama. provisions of law applicable to the area 32.21 Alaska. and upon a determination by the Sec- 32.22 Arizona. retary that the opening of the area to 32.23 Arkansas. the hunting of migratory game birds, 32.24 California. 32.25 Colorado. upland game, or big game will be com- 32.26 Connecticut. [Reserved] patible with the principles of sound 32.27 Delaware. wildlife management and will other- 32.28 Florida. wise be in the public interest. The 32.29 Georgia. opening or closing of wildlife refuge 32.30 Hawaii. areas to hunting shall be in accordance 32.31 Idaho. 32.32 Illinois. with the rulemaking requirements of 32.33 Indiana. the Administrative Procedure Act (5 32.34 Iowa. U.S.C. 553). Lands acquired pursuant to 32.35 Kansas. the Act of May 18, 1948 (62 Stat. 238, 16 32.36 Kentucky. U.S.C. 695) will be opened to hunting 32.37 Louisiana. only after it has been determined that 32.38 Maine. the major portion of the crops in the 32.39 Maryland. 32.40 Massachusetts. vicinity of the area involved have been 32.41 Michigan. harvested, that the period of suscepti- 32.42 Minnesota. bility of such crops to wildfowl depre- 32.43 Mississippi. dation has passed, or that the possi- 32.44 Missouri. bility of these crops being damaged by 32.45 Montana. waterfowl is minor. Lands acquired as 32.46 Nebraska. 32.47 Nevada. ‘‘waterfowl production areas’’ shall an- 32.48 New Hampshire. nually be open to the hunting of migra- 32.49 New Jersey. tory game birds, upland game, and big 32.50 New Mexico. game subject to the provisions of State 32.51 New York. law and regulations and the pertinent 32.52 North Carolina. provisions of parts 25 through 31 of this 32.53 North Dakota. subchapter: Provided, That all forms of 32.54 Ohio. 32.55 Oklahoma. hunting or entry on all or any part of 32.56 Oregon. individual areas may be temporarily 32.57 Pennsylvania. suspended by posting upon occasions of 32.58 Puerto Rico. [Reserved] unusual or critical conditions of, or af- 32.59 Rhode Island. fecting land, water, vegetation, or 32.60 South Carolina. wildlife populations. 32.61 South Dakota. 32.62 Tennessee. 32.63 Texas. § 32.2 What are the general provisions 32.64 Utah. regarding hunting on areas of the 32.65 Vermont. National Wildlife Refuge System? 32.66 Virginia. The following provisions shall apply 32.67 Washington. to each person while engaged in public 32.68 West Virginia. hunting on areas of the National Wild- 32.69 Wisconsin. 32.70 Wyoming. life Refuge System: 32.71 United States Unincorporated Pacific (a) Each person shall secure and pos- Insular Possessions. sess the required State license.
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(b) Each person 16 years of age and each refuge, or as stated in refuge-spe- older shall secure and possess a Migra- cific regulations. Where we allow tur- tory Bird Hunting Stamp while hunt- key and deer hunting, you may use ing migratory waterfowl. slugs and shot containing lead to hunt (c) Each person shall comply with the these species unless prohibited by ref- applicable provisions of Federal law uge-specific regulations and/or State and regulations including this sub- law. chapter and the current Federal Migra- tory Bird Regulations. [58 FR 5064, Jan. 19, 1993, as amended at 63 (d) Each person shall comply with FR 46914, Sept. 3, 1998; 65 FR 30777, May 12, the applicable provisions of the laws 2000] and regulations of the State wherein any area is located unless further re- § 32.3 Procedures for publication of stricted by Federal law or regulation. refuge-specific hunting regulations. (e) Each person shall comply with the (a) Refuge-specific hunting regula- terms and conditions authorizing ac- tions are issued only at the time of or cess or use of wildlife refuges, includ- after the determination and publica- ing the terms and conditions under tion of the opening of a wildlife refuge which hunting permits are issued. area to migratory game bird, upland (f) Each person shall comply with the game or big game hunting. provisions of any refuge-specific regu- (b) Refuge-specific hunting regula- lations governing hunting on the wild- tions may contain the following items: life refuge area. Regulations, special conditions and maps of the hunting (1) Wildlife species that may be hunt- areas for a particular wildlife refuge ed; are available at that area’s head- (2) Seasons; quarters. In addition, refuge-specific (3) Bag limits; hunting regulations for migratory (4) Methods of hunting; game bird, upland game and big game (5) Description of areas open to hunt- hunting appear in §§ 32.20 through 32.71. ing; or (g) The use of any drug on any arrow (6) Other provisions as required. for bow hunting on national wildlife (c) Refuge-specific hunting regula- refuges is prohibited. Archers may not have arrows employing such drugs in tions will not liberalize existing State their possession on any national wild- laws or regulations. life refuge. (d) Refuge-specific hunting regula- (h) The unauthorized distribution of tions are subject to change and the bait and the hunting over bait is pro- public is invited to submit suggestions hibited on wildlife refuge areas. (Bait- and comments for consideration at any ing is authorized in accordance with time. State regulations on national wildlife (e) Refuge-specific hunting regula- refuges in Alaska). tions are initially published in the (i) The use of nails, wire, screws or daily issue of the FEDERAL REGISTER bolts to attach a stand to a tree, or and subsequently appear in 50 CFR hunting from a tree into which a metal 32.20 through 32.71. object has been driven to support a (f) Refuge-specific hunting regula- hunter is prohibited on wildlife refuge tions may be amended or new condi- areas. tions imposed at any time during the (j) The use or possession of alcoholic hunting season when unpredictable beverages while hunting is prohibited. changes occur in wildlife populations, (k) You may possess only approved nontoxic shot while in the field, which habitat conditions or in other factors we identify in 50 CFR 20.21(j), while on affecting a refuge’s wildlife resources. Waterfowl Production Areas, or on cer- Changes in refuge-specific hunting reg- tain other areas of the National Wild- ulations made under the conditions life Refuge System as delineated on noted in this paragraph (f) can be in maps, leaflets and/or signs, available at force only for the one season to which each refuge headquarters or posted at the changes apply.
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§ 32.4 Opening of wildlife refuge areas § 32.6 Procedures for publication of to fishing. refuge-specific fishing regulations. Wildlife refuge areas may be opened (a) Refuge-specific fishing regula- to sport fishing only after a determina- tions are issued only at the time of or tion is made that this activity is com- after the opening of a wildlife refuge patible with the purposes for which the area to sport fishing. refuge was established. In addition, the (b) Refuge-specific fishing regula- sport fishing program must be con- tions may contain the following items: sistent with principles of sound fishery (1) Fish species that may be taken; management and otherwise be in the (2) Seasons; public interest. The opening or closing (3) Creel limits; of wildlife refuge areas to fishing is (4) Methods of fishing; subject to the rulemaking require- (5) Description of areas open to fish- ing; or ments of the Administrative Procedure (6) Other provisions as required. Act (5 U.S.C. 551 et seq.). Lands ac- quired as ‘‘waterfowl production areas’’ (c) Refuge-specific fishing regula- are open to sport fishing subject to the tions will not liberalize existing State laws or regulations. provisions of State laws and regula- (d) Refuge-specific fishing regula- tions and the pertinent provisions of tions are subject to change and the parts 25 through 31 of this subchapter: public is invited to submit suggestions Provided, that fishing or entry on all or and comments for consideration at any any part of individual areas may be time. temporarily suspended by posting upon (e) Refuge-specific fishing regula- occasions of unusual or critical condi- tions are initially published in the tions of, or affecting, land, water, vege- daily issue of the FEDERAL REGISTER tation or fish and wildlife populations. and appear subsequently in §§ 32.20–32.71 of this part. § 32.5 General provisions regarding (f) Refuge-specific fishing regulations fishing on wildlife refuges. may be amended as needed when unpre- The following provisions shall apply dictable changes occur in fish and wild- to each person while engaged in public life populations, habitat conditions or sport fishing on a wildlife refuge area: in other factors affecting a refuge’s fish (a) Each person shall secure and pos- and wildlife resources. sess the required State license. § 32.7 What refuge units are open to (b) Each person shall comply with hunting and/or fishing? the applicable provisions of Federal law and regulation including this sub- Refuge units open to hunting and/or fishing in accordance with the provi- chapter. sions of subpart A of this part and (c) Each person shall comply with the §§ 32.20–32.71, inclusive, are as follows: applicable provisions of the laws and regulations of the State wherein any ALABAMA area is located unless the same are fur- Blowing Wind Cave National Wildlife Refuge ther restricted by Federal law or regu- Bon Secour National Wildlife Refuge lation. Choctaw National Wildlife Refuge (d) Each person shall comply with Eufaula National Wildlife Refuge Key Cave National Wildlife Refuge the terms and conditions authorizing Wheeler National Wildlife Refuge access and use of the wildlife refuge area. ALASKA (e) Each person shall comply with the Alaska Maritime National Wildlife Refuge provisions of any refuge-specific regu- Alaska Peninsula National Wildlife Refuge lation governing fishing on the wildlife Arctic National Wildlife Refuge refuge area. Regulations for a par- Becharof National Wildlife Refuge ticular wildlife refuge are available at Innoko National Wildlife Refuge Izembek National Wildlife Refuge its headquarters office. In addition, ref- Kanuti National Wildlife Refuge uge-specific fishing regulations appear Kenai National Wildlife Refuge in §§ 32.20 through 32.71. Kodiak National Wildlife Refuge
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Koyukuk National Wildlife Refuge FLORIDA Nowitna National Wildlife Refuge Arthur R. Marshall Loxahatchee National Salawik National Wildlife Refuge Wildlife Refuge Tetlin National Wildlife Refuge Cedar Keys National Wildlife Refuge Togiak National Wildlife Refuge Chassahowitzka National Wildlife Refuge Yukon Delta National Wildlife Refuge Egmont Key National Wildlife Refuge Yukon Flats National Wildlife Refuge Hobe Sound National Wildlife Refuge J.N. ‘‘Ding’’ Darling National Wildlife Ref- ARIZONA uge Bill Williams River National Wildlife Refuge Lake Woodruff National Wildlife Refuge Buenos Aires National Wildlife Refuge Lower Suwannee National Wildlife Refuge Cabeza Prieta National Wildlife Refuge Merrit Island National Wildlife Refuge Cibola National Wildlife Refuge Pelican Island National Wildlife Refuge Pinellas National Wildlife Refuge Havasu National Wildlife Refuge St. Marks National Wildlife Refuge Imperial National Wildlife Refuge St. Vincent National Wildlife Refuge Kofa National Wildlife Refuge Ten Thousand Islands National Wildlife Ref- San Bernardino National Wildlife Refuge uge
ARKANSAS GEORGIA Bald Knob National Wildlife Refuge Banks Lake National Wildlife Refuge Big Lake National Wildlife Refuge Blackbeard Island National Wildlife Refuge Cache River National Wildlife Refuge Bond Swamp National Wildlife Refuge Felsenthal National Wildlife Refuge Eufaula National Wildlife Refuge Holla Bend National Wildlife Refuge Harris Neck National Wildlife Refuge Overflow National Wildlife Refuge Okefenokee National Wildlife Refuge Pond Creek National Wildlife Refuge Piedmont National Wildlife Refuge Wapanocca National Wildlife Refuge Savannah National Wildlife Refuge White River National Wildlife Refuge Wassaw National Wildlife Refuge Wolf Island National Wildlife Refuge CALIFORNIA GUAM Cibola National Wildlife Refuge Clear Lake National Wildlife Refuge Guam National Wildlife Refuge Colusa National Wildlife Refuge HAWAII Delevan National Wildlife Refuge Havasu National Wildlife Refuge Hakalau Forest National Wildlife Refuge Humboldt Bay National Wildlife Refuge Hanalei National Wildlife Refuge Imperial National Wildlife Refuge Kakahaia National Wildlife Refuge Kern National Wildlife Refuge Kilauea Point National Wildlife Refuge Lower Klamath National Wildlife Refuge IDAHO Merced National Wildlife Refuge Modoc National Wildlife Refuge Bear Lake National Wildlife Refuge Sacramento National Wildlife Refuge Camas National Wildlife Refuge Salinas River National Wildlife Refuge Deer Flat National Wildlife Refuge Salton Sea National Wildlife Refuge Grays Lake National Wildlife Refuge Kootenai National Wildlife Refuge San Francisco Bay National Wildlife Refuge Minidoka National Wildlife Refuge San Luis National Wildlife Refuge San Pablo National Wildlife Refuge ILLINOIS Sutter National Wildlife Refuge Tule Lake National Wildlife Refuge Chautauqua National Wildlife Refuge Crab Orchard National Wildlife Refuge COLORADO Cypress Creek National Wildlife Refuge Emiquon National Wildlife Refuge Alamosa National Wildlife Refuge Mark Twain National Wildlife Refuge Arapaho National Wildlife Refuge Meredosia National Wildlife Refuge Browns Park National Wildlife Refuge Upper Mississippi River Wildlife and Fish Monte Vista National Wildlife Refuge Refuge Rocky Mountain Arsenal INDIANA CONNECTICUT Muscatatuck National Wildlife Refuge [Reserved] Patoka River National Wildlife Refuge and Management Area DELAWARE IOWA Bombay Hook National Wildlife Refuge Prime Hook National Wildlife Refuge De Soto National Wildlife Refuge
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Driftless Area National Wildlife Refuge Minnesota Valley National Wildlife Refuge Mark Twain National Wildlife Refuge Morris Wetland Management District Neal Smith National Wildlife Refuge Rice Lake National Wildlife Refuge Union Slough National Wildlife Refuge Rydell National Wildlife Refuge Upper Mississippi River Wild Life and Fish Sherburne National Wildlife Refuge Refuge Tamarac National Wildlife Refuge Upper Mississippi River Wild Life and Fish KANSAS Refuge Flint Hills National Wildlife Refuge Windom Wetland Management District Kirwin National Wildlife Refuge MISSISSIPPI Quivira National Wildlife Refuge Bogue Chitto National Wildlife Refuge KENTUCKY Dahomey National Wildlife Refuge Ohio River Islands National Wildlife Refuge Hillside National Wildlife Refuge Reelfoot National Wildlife Refuge Mathews Brake National Wildlife Refuge Morgan Brake National Wildlife Refuge LOUISIANA Noxubee National Wildlife Refuge Panther Swamp National Wildlife Refuge Atchafalaya National Wildlife Refuge St. Catherine Creek National Wildlife Refuge Bayou Cocodrie National Wildlife Refuge Tallahatchie National Wildlife Refuge Bayou Sauvage National Wildlife Refuge Yazoo National Wildlife Refuge Big Branch Marsh National Wildlife Refuge Black Bayou Lake National Wildlife Refuge MISSOURI Bogue Chitto National Wildlife Refuge Breton National Wildlife Refuge Big Muddy National Wildlife Refuge Cameron Prairie National Wildlife Refuge Mark Twain National Wildlife Refuge Catahoula National Wildlife Refuge Mingo National Wildlife Refuge D’Arbonne National Wildlife Refuge Squaw Creek National Wildlife Refuge Delta National Wildlife Refuge Swan Lake National Wildlife Refuge Grand Cote National Wildlife Refuge MONTANA Lacassine National Wildlife Refuge Lake Ophelia National Wildlife Refuge Benton Lake National Wildlife Refuge Mandalay National Wildlife Refuge Black Coulee National Wildlife Refuge Sabine National Wildlife Refuge Bowdoin National Wildlife Refuge Tensas River National Wildlife Refuge Charles M. Russell National Wildlife Refuge Upper Ouachita National Wildlife Refuge Creedman Coulee National Wildlife Refuge Hailstone National Wildlife Refuge MAINE Halfbreed Lake National Wildlife Refuge Lake Umbagog National Wildlife Refuge Hewitt Lake National Wildlife Refuge Moosehorn National Wildlife Refuge Lake Mason National Wildlife Refuge Rachel Carson National Wildlife Refuge Lake Thibadeau National Wildlife Refuge Sunkhaze Meadows National Wildlife Refuge Lamesteer National Wildlife Refuge Lee Metcalf National Wildlife Refuge MARYLAND Medicine Lake National Wildlife Refuge National Bison National Wildlife Refuge Blackwater National Wildlife Refuge Nine-Pipe National Wildlife Refuge Eastern Neck National Wildlife Refuge Pablo National Wildlife Refuge Patuxent Research Refuge Red Rock Lakes National Wildlife Refuge Swan River National Wildlife Refuge MASSACHUSETTS UL Bend National Wildlife Refuge Great Meadows National Wildlife Refuge War Horse National Wildlife Refuge Monomoy National Wildlife Refuge Nantucket National Wildlife Refuge NEBRASKA Oxbow National Wildlife Refuge Boyer Chute National Wildlife Refuge Parker River National Wildlife Refuge Crescent Lake National Wildlife Refuge De Soto National Wildlife Refuge MICHIGAN Fort Niobrara National Wildlife Refuge Harbor Island National Wildlife Refuge North Platte National Wildlife Refuge Kirtland’s Warbler Wildlife Management Valentine National Wildlife Refuge Area Seney National Wildlife Refuge NEVADA Shiawassee National Wildlife Refuge Ash Meadows National Wildlife Refuge Desert National Wildlife Refuge MINNESOTA Pahranagat National Wildlife Refuge Agassiz National Wildlife Refuge Ruby Lake National Wildlife Refuge Big Stone National Wildlife Refuge Sheldon National Wildlife Refuge Fergus Falls Wetland Management District Stillwater Management Area
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Stillwater National Wildlife Refuge OHIO
NEW HAMPSHIRE Cedar Point National Wildlife Refuge Ottawa National Wildlife Refuge Great Bay National Wildlife Refuge OKLAHOMA NEW JERSEY Deep Fork National Wildlife Refuge Cape May National Wildlife Refuge Little River National Wildlife Refuge Edwin B. Forsythe National Wildlife Refuge Optima National Wildlife Refuge Great Swamp National Wildlife Refuge Salt Plains National Wildlife Refuge Lake Umbagog National Wildlife Refuge Sequoyah National Wildlife Refuge Supawna Meadows National Wildlife Refuge Tishomingo National Wildlife Refuge Wallkill River National Wildlife Refuge Washita National Wildlife Refuge Wichita Mountains National Wildlife Refuge NEW MEXICO Bitter Lake National Wildlife Refuge OREGON Bosque del Apache National Wildlife Refuge Bandon Marsh National Wildlife Refuge Las Vegas National Wildlife Refuge Bear Valley National Wildlife Refuge Maxwell National Wildlife Refuge Cold Springs National Wildlife Refuge San Andres National Wildlife Refuge Deer Flat National Wildlife Refuge Sevilleta National Wildlife Refuge Hart Mountain National Wildlife Refuge Julia Butler Hansen Refuge for the Colum- NEW YORK bian White-Tailed Deer Amagansett National Wildlife Refuge Klamath Marsh National Wildlife Refuge Elizabeth A. Morton National Wildlife Ref- Lewis and Clark National Wildlife Refuge uge Lower Klamath National Wildlife Refuge Iroquois National Wildlife Refuge Malheur National Wildlife Refuge Montezuma National Wildlife Refuge McKay Creek National Wildlife Refuge Oyster Bay National Wildlife Refuge McNary National Wildlife Refuge Seatuck National Wildlife Refuge Sheldon National Wildlife Refuge Target Rock National Wildlife Refuge Umatilla National Wildlife Refuge Wertheim National Wildlife Refuge Upper Klamath National Wildlife Refuge William L. Finley National Wildlife Refuge NORTH CAROLINA Alligator River National Wildlife Refuge PENNSYLVANIA Currituck National Wildlife Refuge Erie National Wildlife Refuge Cedar Island National Wildlife Refuge John Heinz National Wildlife Refuge at Great Dismal Swamp National Wildlife Ref- Tinicum uge Ohio River Islands National Wildlife Refuge MacKay Island National Wildlife Refuge Mattamuskeet National Wildlife Refuge PUERTO RICO Pea Island National Wildlife Refuge [Reserved] Pee Dee National Wildlife Refuge Pocosin Lakes National Wildlife Refuge RHODE ISLAND Roanoke River National Wildlife Refuge Swanquarter National Wildlife Refuge Block Island National Wildlife Refuge Ninigret National Wildlife Refuge NORTH DAKOTA Pettaquamscutt Cove National Wildlife Ref- uge Arrowwood National Wildlife Refuge Sachuest Point National Wildlife Refuge Audubon National Wildlife Refuge Trustom Pond National Wildlife Refuge Chase Lake National Wildlife Refuge Des Lacs National Wildlife Refuge SOUTH CAROLINA J. Clark Salyer National Wildlife Refuge Lake Alice National Wildlife Refuge ACE Basin National Wildlife Refuge Lake Ilo National Wildlife Refuge Cape Romain National Wildlife Refuge Lake Nettie National Wildlife Refuge Carolina Sandhills National Wildlife Refuge Lake Zahl National Wildlife Refuge Pinckney Island National Wildlife Refuge Long Lake National Wildlife Refuge Santee National Wildlife Refuge Lostwood National Wildlife Refuge Savannah National Wildlife Refuge Rock Lake National Wildlife Refuge SOUTH DAKOTA Sibley Lake National Wildlife Refuge Slade National Wildlife Refuge Lacreek National Wildlife Refuge Stewart Lake National Wildlife Refuge Pocasse National Wildlife Refuge Tewaukon National Wildlife Refuge Sand Lake National Wildlife Refuge Upper Souris National Wildlife Refuge Waubay National Wildlife Refuge
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TENNESSEE Columbia National Wildlife Refuge Conboy Lake National Wildlife Refuge Chickasaw National Wildlife Refuge Dungeness National Wildlife Refuge Cross Creeks National Wildlife Refuge Hatchie National Wildlife Refuge Julia Butler Hansen Refuge for the Colum- Lake Isom National Wildlife Refuge bian White-tailed Deer Lower Hatchie National Wildlife Refuge Little Pend Oreille National Wildlife Refuge Reelfoot National Wildlife Refuge McNary National Wildlife Refuge Tennessee National Wildlife Refuge Nisqually National Wildlife Refuge Ridgefield National Wildlife Refuge TEXAS Toppenish National Wildlife Refuge Umatilla National Wildlife Refuge Anahuac National Wildlife Refuge Willapa National Wildlife Refuge Aransas National Wildlife Refuge Balcones Canyonlands National Wildlife Ref- WEST VIRGINIA uge Big Boggy National Wildlife Refuge Canaan Valley National Wildlife Refuge Brazoria National Wildlife Refuge Ohio River Islands National Wildlife Refuge Buffalo Lake National Wildlife Refuge WISCONSIN Hagerman National Wildlife Refuge Laguna Atascosa National Wildlife Refuge Fox River National Wildlife Refuge Lower Rio Grande Valley National Wildlife Horicon National Wildlife Refuge Refuge Leopold Wetland Management District McFaddin National Wildlife Refuge Necedah National Wildlife Refuge San Bernard National Wildlife Refuge St. Croix Wetland Management District Texas Point National Wildlife Refuge Trempealeau National Wildlife Refuge Trinity River National Wildlife Refuge Upper Mississippi River National Wildlife and Fish Refuge UTAH WYOMING Bear River National Wildlife Refuge Fish Springs National Wildlife Refuge National Elk Refuge Ouray National Wildlife Refuge Pathfinder National Wildlife Refuge Seedskadee National Wildlife Refuge VERMONT UNITED STATES UNINCORPORATED PACIFIC Missisquoi National Wildlife Refuge INSULAR POSSESSIONS VIRGINIA Johnston Atoll National Wildlife Refuge Back Bay National Wildlife Refuge Midway Atoll National Wildlife Refuge Chinocteague National Wildlife Refuge [58 FR 5064, Jan. 19, 1993, as amended at 58 Eastern Shore of Virginia National Wildlife FR 29073, May 18, 1993; 58 FR 29084, May 18, Refuge 1993; 59 FR 6685, 6688, Feb. 11, 1994; 59 FR Great Dismal Swamp National Wildlife Ref- 55183, 55191, 55196, Nov. 3, 1994; 60 FR 5277, uge Jan. 26, 1995; 60 FR 52868, Oct. 11, 1995; 60 FR James River National Wildilfe Refuge 61212, Nov. 29, 1995; 60 FR 62040, Dec. 4, 1995; Mackay Island National Wildlife Refuge 61 FR 31461, 31463, June 20, 1996; 61 FR 45366, Mason Neck National Wildlife Refuge Aug. 29, 1996; 61 FR 46393, Sept. 3, 1996; 62 FR Plum Tree Island National Wildlife Refuge 47375, Sept. 9, 1997; 63 FR 46914, Sept. 3, 1998; Presquile National Wildlife Refuge 65 FR 30777, May 12, 2000; 65 FR 56400, Sept. 18, 2000] WASHINGTON Arid Lands National Wildlife Refuge § 32.8 Areas closed to hunting.
Proclamations and or- ders Land and waters within boundary and adjacent to, State or in the vicinity ofÐ Citation No. Date
Nov. 20, 1959 Alabama ...... Wheeler National Wildlife Refuge ...... 24 FR 9513. Oct. 15, 1960 ...... do ...... do ...... 25 FR 9899. Nov. 3, 1970 ...... do ...... Eufaula National Wildlife Refuge ...... 35 FR 16935. 2325 Mar. 21, 1939 Arkansas ...... Big Lake National Wildlife Refuge ...... 3 CFR Cum. Supp. 4 FR 1309. Oct. 24, 1958 ...... do ...... Holla Bend National Wildlife Refuge ...... 23 FR 8429. 2274 Mar. 15, 1938 ...... do ...... White River National Wildlife Refuge ...... 3 FR 591. July 13, 1963 Delaware ...... Bombay Hook National Wildlife Refuge ...... 28 FR 6228. Oct. 22, 1953 Florida ...... St. Marks National Wildlife Refuge ...... 18 FR 7837. Oct. 20, 1960 ...... do ...... do ...... 25 FR 10030. 2758 Dec. 2, 1947 ...... do ...... ``Ding'' Darling National Wildlife Refuge ...... 3 CFR 1947 Supp.; 12 FR 8039. 2239 Apr. 10, 1939 Georgia ...... Savannah National Wildlife Refuge ...... 3 CFR Cum. Supp.; 4 FR 1595.
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Proclamations and or- ders Land and waters within boundary and adjacent to, State or in the vicinity ofÐ Citation No. Date
Nov. 3, 1970 ...... do ...... Eufaula Wildlife Refuge ...... 35 FR 16935. Nov. 3, 1970 ...... do ...... Wassaw National Wildlife Refuge ...... 35 FR 16936. 2748 Oct. 1, 1947 ... Illinois ...... Honshoe Lake, Alexander County ...... 3 CFR, 1947 Supp. 12 FR 6521. Sept. 9, 1953 ...... do ...... do ...... 18 FR 5495. 2748 Oct. 2, 1958 ... Iowa ...... Upper Mississippi River Wild Life and Fish Refuge 3 CFR, 1958 Supp.; 23 FR 7825. 2322 Feb. 7, 1939 .. Louisiana ...... Lacassine National Wildlife Refuge ...... 3 CFR, Cum. Suppl. 4 FR 611. Nov. 19, 1982 ...... do ...... Delta National Wildlife Refuge ...... 47 FR 52183. Dec. 2, 1969 ...... do ...... Lacassine National Wildlife Refuge ...... 34 FR 19077. Aug. 13, 1960 Maryland ...... Martin National Wildlife Refuge ...... 25 FR 7741. 2617 Oct. 18, 1948 Massachusetts Parker River National Wildlife Refuge ...... 3 CFR, 1948 Supp. 13 FR 6115. Oct. 2, 1958 ... Minnesota ...... Upper Mississippi River Wild Life and Fish Refuge 3 CFR, 1958 Supp. 23 FR 7825. 2200 Oct. 7, 1936 ... Montana ...... Red Rock Lakes National Wildlife Refuge ...... 1 FR 1554. Aug. 30, 1976 ...... do ...... Charles M. Russell National Wildlife Refuge ...... 41 FR 31539. 2284 May 9, 1939 .. North Carolina Pea Island National Wildlife Refuge ...... 3 FR 912. 2129 July 18, 1935 ...... do ...... Swanquarter National Wildlife Refuge ...... 49 Stat. 3450. Aug. 21, 1963 ...... do ...... Mackay Island National Wildlife Refuge ...... 28 FR 9209. Sept. 22, 1967 ...... do ...... Pee Dee National Wildlife Refuge ...... 32 FR 13384. 33 FR 749, Jan. 20, 1968. Sept. 27, 1964 ...... do ...... do ...... 49 FR 38141. 2000 June 6, 1932 South Carolina Cape Romanain National Wildlife Refuge ...... 47 Stat. 2513. 2329 Apr. 10, 1939 ...... do ...... Savannah National Wildlife Refuge ...... 3 CFR, Cum. Supp.; 4 FR 1595. Sept. 13, 1968 ...... do ...... Cape Romain National Wildlife Refuge ...... 33 FR 12964. Oct. 8, 1963 ... Tennessee ..... Cross Creeks National Wildlife Refuge ...... 28 FR 10782. Aug. 23, 1956 Texas ...... Aransas National Wildlife Regudge ...... 21 FR 6513. 2370 Oct. 16, 1939 Virginia ...... Back Bay National Wildlife Refuge ...... 3 CFR, Cum. Supp. 4 FR 4285. Aug. 13, 1954 ...... do ...... Presquile National Wildlife Refuge ...... 19 FR 5290. Jan. 5, 1962 ...... do ...... Back Bay National Wildlife Refuge ...... 27 FR 104; 27 FR 858. Aug. 21, 1963 ...... do ...... Mackay Island National Wildlife Refuge ...... 28 FR 9209. Oct. 9, 1969 ...... do ...... Mason Neck National Wildlife Refuge ...... 34 FR 15653. 2439 Nov. 7, 1940 .. Washington .... Willapa National Wildlife Refuge ...... 3 CFR, Cum. Supp.; 5 FR 4443. Oct. 2, 1958 ... Wisconsin ...... Upper Mississippi River Wild Life and Fish Refuge 3 CFR, 1958 Supp.; 23 FR 7825.
[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 42880, Aug. 12, 1993]
Subpart B—Refuge-Specific Regu- B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] lations for Hunting and Fishing D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the § 32.20 Alabama. following conditions: The following refuge units have been 1. Fishing is permitted only from sunrise opened for hunting and/or fishing, and to sunset. are listed in alphabetical order with 2. Only nonmotorized boats and boats with applicable refuge-specific regulations. electric motors are permitted on Gator and Little Gator Lakes. BLOWING WIND CAVE NATIONAL WILDLIFE CHOCTAW NATIONAL WILDLIFE REFUGE REFUGE A. Hunting of Migratory Game Birds. [Re- A. Hunting of Migratory Game Birds. [Re- served] served] B. Upland Game Hunting. Hunting of squir- B. Upland Game Hunting. Hunting of upland rel, rabbit, raccoon and opossum is per- game is permitted on designated areas of the mitted on designated areas of the refuge sub- refuge subject to the following condition: ject to the following condition: Permits are Sauty Creek Wildlife Management Area reg- required. ulations apply. C. Big Game Hunting. Hunting of white- C. Big Game Hunting. [Reserved] tailed deer and feral hogs is permitted on D. Sport Fishing. [Reserved] designated areas of the refuge subject to the following condition: Permits are required. BON SECOUR NATIONAL WILDLIFE REFUGE D. Sport Fishing. Fishing is permitted on A. Hunting of Migratory Game Birds. [Re- designated areas of the refuge subject to the served] following conditions:
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1. Fishing, boating and public access are opossum on designated portions of the refuge permitted only from one-half hour before subject to the following condition: Refuge sunrise to one-half hour after sunset. permits required. 2. Fishing is permitted year-round unless C. Big Game Hunting. [Reserved] otherwise marked by signs as closed to pub- D. Sport Fishing. [Reserved] lic entry or fishing. 3. Only fish, according to State regula- WHEELER NATIONAL WILDLIFE REFUGE tions, may be taken or possessed. Bowfishing is not permitted. A. Hunting of Migratory Game Birds. [Re- 4. Taking, possessing, or attempting to served] take frogs and turtles is prohibited. B. Upland Game Hunting. We allow hunting 5. The use of trotlines, snag lines, soap of quail, squirrel, rabbit, raccoon, and opos- lines, set lines, drops, gigs and jugs is not sum on designated areas of the refuge sub- permitted. ject to the following condition: We require 6. Entry and use of airboats, hovercraft, permits. and personalized watercraft such as jet skis, C. Big Game Hunting. We allow hunting of watercycles or waterbikes are prohibited. white-tailed deer on designated areas of the 7. All gill nets must be actively attended refuge subject to the following condition: We at all times. require permits. 8. A refuge permit is required for commer- D. Sport Fishing. We allow fishing on des- cial fishing of all nets, traps, baskets, boxes ignated areas of the refuge subject to the fol- and seine used in refuge waters. Information lowing conditions: on harvest data is required. 1. We do not allow bank fishing around the EUFAULA NATIONAL WILDLIFE REFUGE shoreline of the refuge headquarters. 2. All other refuge waters are open to fish- A. Hunting of Migratory Game Birds. Hunt- ing year-round unless otherwise posted. ing of geese, ducks and mourning doves is permitted on designated areas of the refuge 3. We prohibit entry and use of airboats subject to the following condition: Permits and hovercraft on all waters within the ref- are required. uge boundaries. B. Upland Game Hunting. Hunters may hunt 4. We prohibit entry and use of inboard rabbit and squirrel on designated areas of waterthrust boats, such as but not limited to the refuge subject to the following condition: personal watercraft, watercycles, and Permits are required. waterbikes on all waters of the refuge except C. Big Game Hunting. Hunting of white- that portion of the Tennessee River and tailed deer is permitted on designated areas Flint Creek from its mouth to mile-marker of the refuge subject to the following condi- three. tion: Permits are required. 5. You may not leave boats on the refuge D. Sport Fishing. Anglers may fish, frog and overnight. trap turtles on designated areas of the refuge subject to State fishing regulations and the [58 FR 5064, Jan. 19, 1993, as amended at 58 following conditions: FR 29073, May 18, 1993; 59 FR 6688, Feb. 11, 1. Fishermen may fish, including 1994; 59 FR 55183, Nov. 3, 1994; 62 FR 47375, bowfishing, only during daylight hours in Sept. 9, 1997; 63 FR 46915, Sept. 3, 1998; 65 FR refuge impoundments and waters other than 30777, May 12, 2000] the Walter F. George Reservoir. 2. Fishermen may not frog or trap turtles § 32.21 Alaska. in impounded waters not contiguous with the Walter F. George Reservoir. Alaska refuges are opened to hunt- 3. Creel, possession, and size limit for Wal- ing, fishing and trapping pursuant to ter F. George Reservoir apply to all im- the Alaska National Interest Lands pounded refuge waters. Conservation Act (Pub. L. 96–487, 94 4. Reciprocal license agreements between Stat. 2371). Information regarding spe- Alabama and Georgia only apply to waters cific refuge regulations can be obtained contiguous with the Walter F. George Res- ervoir. Anglers fishing in refuge impound- from the Region 7 Office of the U.S. ments must possess a license for the state in Fish and Wildlife Service, Anchorage, which they are fishing. AK, or by contacting the manager of the respective individual refuge. KEY CAVE NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. Hunt- § 32.22 Arizona. ers may hunt mourning doves on designated portions of the refuge subject to the fol- The following refuge units have been lowing condition: Refuge permits required. opened for hunting and/or fishing, and B. Upland Game Hunting. Hunters may hunt are listed in alphabetical order with only quail, squirrel, rabbits, raccoons, and applicable refuge-specific regulations.
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BILL WILLIAMS RIVER NATIONAL WILDLIFE 6. We close Farm Unit 2 to all hunting ex- REFUGE cept waterfowl hunting during the Arizona waterfowl season. A. Hunting of Migratory Game Birds. We 7. You must remove all temporary blinds, allow hunting of mourning and white-winged boats, and decoys from the refuge following doves on designated areas of the refuge sub- each day’s hunt. ject to the following condition: We allow only shotguns. 8. We do not allow hunting within 50 yards (45 m) of any public road. B. Upland Game Hunting. We allow hunting of quail and cottontail rabbit on designated 9. The Hart Mine Marsh area is open to areas of the refuge subject to the following hunting from 10:00 a.m. to 3:00 p.m. daily conditions: during goose season. 1. You may possess only approved nontoxic 10. The area known as Pretty Water is open 1 shot while in the field. to waterfowl hunting from ⁄2 hour before sunrise to 3:00 p.m. during the Arizona and 2. We allow only shotguns. California waterfowl hunting seasons. 3. We allow hunting of cottontail rabbits We allow hunting from September 1 to the close of the State B. Upland Game Hunting. of quail and cottontail rabbit on designated quail season. areas of the refuge subject to the following C. Big Game Hunting. We allow hunting of conditions: desert bighorn sheep on designated areas of 1. We allow only shotguns and bows and ar- the refuge. rows. D. Sport Fishing. We allow sport fishing in 2. You may possess only approved nontoxic designated areas. shot while in the field. 3. You may hunt cottontail rabbit from BUENOS AIRES NATIONAL WILDLIFE REFUGE September 1 through the last day of the re- A. Hunting of Migratory Game Birds. Hunt- spective State’s quail season. ing of geese, ducks, coots and mourning and 4. During the Arizona waterfowl season, white-winged doves is permitted on des- you may not hunt quail and rabbit in Farm ignated areas of the refuge. Unit 2. B. Upland Game Hunting. Hunting of cot- 5. You may not hunt within 50 yards (45 m) tontail rabbit, coyote, and skunks is per- of any public road. mitted on designated areas of the refuge. C. Big Game Hunting. We allow hunting of C. Big Game Hunting. Hunting of mule and mule deer on designated areas of the refuge white-tailed deer, javelina and feral hogs is subject to the following conditions: permitted on designated areas f the refuge. 1. During the Arizona waterfowl season, D. Sport Fishing. [Reserved] you may not hunt mule deer in Farm Unit 2. 2. You may not hunt within 50 yards (45 m) CABEZA PRIETA NATIONAL WILDLIFE REFUGE of any public road. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. We allow sport fishing and served] frogging subject to the following condition: B. Upland Game Hunting. [Reserved] Cibola Lake is open to fishing and frogging C. Big Game Hunting. Hunting of desert big- from March 15 through Labor Day. horn sheep is permitted on designated areas of the refuge subject to the following condi- HAVASU NATIONAL WILDLIFE REFUGE tion: Entry permits are required. A. Hunting of Migratory Game Birds. Hunt- D. Sport Fishing. [Reserved] ing of mourning and white-winged doves, ducks, coots, moorhens, geese and common CIBOLA NATIONAL WILDLIFE REFUGE snipe is permitted on designated areas of the A. Hunting of Migratory Game Birds. We refuge subject to the following conditions: allow hunting of geese, ducks, coots, 1. Neither hunters nor dogs may enter moorhens, common snipe, mourning and closed areas to retrieve game. white-winged dove on designated areas of the 2. Pits and permanent blinds are not per- refuge subject to the following conditions: mitted. 1. We allow only shotguns. 3. You may possess only approved nontoxic 2. Waterfowl and snipe hunters may pos- shot while in the field. sess only approved nontoxic shot while in 4. The following apply only to Pintail the field. Slough (all refuge lands north of the north 3. You must pay a hunt fee in portions of dike): the refuge. Consult refuge hunting leaflet for i. A fee is required for waterfowl hunting. locations. ii. Dove hunting is permitted only during 4. We do not allow pit or permanent blinds. the September season. 5. Hunting in Farm Unit 2 closes at 12:00 5. Temporary blinds, boats, and decoys p.m. each day. Consult refuge hunting leaflet must be removed from the refuge following for refuge-specific regulations and location. each day’s hunt.
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B. Upland Game Hunting. Hunting of quail KOFA NATIONAL WILDLIFE REFUGE and cottontail rabbit is permitted on des- A. Hunting of Migratory Game Birds. [Re- ignated areas of the refuge subject to the fol- served] lowing conditions: B. Upland Game Hunting. Hunting of quail, 1. Hunting of quail is not permitted on Pin- cottontail rabbit, coyote, and fox is per- tail Slough. mitted on designated areas of the refuge sub- 2. Hunting of cottontail rabbits is per- ject to the following conditions: mitted from September 1 to the close of the 1. Hunting of coyote, fox, and cottontail State quail season, except in Pintail Slough rabbit is permitted during the State quail where rabbit hunting is permitted only dur- season only, except as provided below. ing September. 2. Hunting of coyote and fox is not per- 3. Only shotguns and bows and arrows are mitted during the deer season except that permitted. deer hunters with valid Unit 45A, 45B, and 4. You may possess only approved nontoxic 45C deer permits may take these predators shot while in the field. until a deer is taken. C. Big Game Hunting. Hunting of desert big- 3. Allowed method of take of cottontail horn sheep is permitted on designated areas rabbits is shotgun only. of the refuge with a valid State permit. C. Big Game Hunting. Hunting of mule deer D. Sport Fishing. Fishing is permitted on and desert bighorn sheep is permitted on des- designated areas of the refuge subject to the ignated areas of the refuge. following condition: Designated portions of D. Sport Fishing. [Reserved] the Topock Marsh are closed to all entry SAN BERNARDINO NATIONAL WILDLIFE REFUGE from October 1 through January 31. A. Hunting of Migratory Game Birds. [Re- IMPERIAL NATIONAL WILDLIFE REFUGE served] B. Upland Game Hunting. Hunting of quail A. Hunting of Migratory Game Birds. Hunt- and cottontail rabbits is permitted on des- ing of mourning and white-winged doves, ignated areas of the refuge subject to the fol- ducks, coot, moorhens, geese and common lowing conditions: snipe is permitted on designated areas of the 1. Only shotguns are permitted. refuge subject to the following conditions: 2. Cottontail rabbit season shall open on 1. Pits and permanent blinds are not al- September 1 and close on the last day of the lowed. State quail season. 2. Temporary blinds, boats and decoys C. Big Game Hunting. [Reserved] must be removed from the refuge following D. Sport Fishing. [Reserved] each day’s hunt. 3. You may possess only approved nontoxic [58 FR 5064, Jan. 19, 1993, as amended at 58 shot while in the field. FR 29073, May 18, 1993; 59 FR 6688, Feb. 11, B. Upland Game Hunting. Hunting of quail, 1994; 59 FR 55183, Nov. 3, 1994; 60 FR 62040, cottontail rabbit, coyote, and fox is per- Dec. 4, 1995; 62 FR 47376, Sept. 9, 1997; 65 FR mitted on designated areas of the refuge sub- 30777, May 12, 2000] ject to the following conditions: § 32.23 Arkansas. 1. Allowed methods of take for quail and cottontail rabbit are shotgun and bow and The following refuge units have been arrow. opened for hunting and/or fishing, and 2. We require approved nontoxic shot for are listed in alphabetical order with hunting quail and cottontail rabbit. applicable refuge-specific regulations. 3. Cottontail rabbit hunting is permitted September 1 to the close of the State quail BALD KNOB NATIONAL WILDLIFE REFUGE season. A. Hunting of Migratory Game Birds. Hunt- 4. Permits are required for hunting coyote, ers may hunt migratory game birds on des- bobcat and fox. ignated areas of the refuge subject to the fol- 5. Coyote and fox hunting is permitted lowing condition: only during the State quail season, except 1. Hunters must possess a refuge permit. that it is not permitted during the State B. Upland Game Hunting. Hunters may hunt general deer season. upland game on designated areas of the ref- C. Big Game Hunting. Hunting of mule deer uge subject to the following condition: and desert bighorn sheep is permitted on des- 1. Hunters must possess a refuge permit. ignated areas of the refuge. C. Big Game Hunting. Hunters may hunt big D. Sport Fishing. Fishing and frogging for game on designated areas of the refuge sub- bullfrogs (Rana catesbeiana) are permitted ject to the following condition: on designated areas of the refuge subject to 1. Hunters must possess a refuge permit. the following condition: Designated portions D. Sport Fishing. Fishermen may fish and of the Martinez Lake and Ferguson Lake are frog on designated areas of the refuge subject closed to entry from October 1 to March 1. to the following conditions:
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1. Fishermen may fish and frog only during 1. Fishing or entry is not permitted in the published refuge open seasons and in accord- waterfowl sanctuary areas from November 15 ance with refuge regulations. through February 28. 2. Fishermen must adhere to all applicable 2. The ends of trotlines must consist of a State fishing and frogging regulations. length of cotton line that extends from the points of attachment into the water. BIG LAKE NATIONAL WILDLIFE REFUGE 3. Fishermen must fish and frog in accord- ance with refuge regulations and applicable A. Hunting of Migratory Game Birds. [Re- State fishing and frogging regulations. served] B. Upland Game Hunting. Hunting of squir- FELSENTHAL NATIONAL WILDLIFE REFUGE rel, rabbit, raccoon, beaver and opossum is A. Hunting of Migratory Game Birds. Hunt- permitted on designated areas of the refuge ing of ducks, coots and woodcock is per- subject to the following condition: Permits mitted on designated areas of the refuge sub- are required. ject to the following condition: Permits are C. Big Game Hunting. Hunting of white- required. tailed deer is permitted on designated areas B. Upland Game Hunting. Hunting of quail, of the refuge subject to the following condi- squirrel, rabbit, raccoon, opossum, beaver, tion: Permits are required. nutria, and coyote is permitted on des- D. Sport Fishing. Fishing and frogging are ignated areas of the refuge subject to the fol- permitted on designated areas of the refuge lowing condition: Permits are required. subject to the following conditions: C. Big Game Hunting. Hunting of white- 1. Fishing is permitted from March 1 tailed deer, turkey, and feral hogs is per- through October 31 with the following excep- mitted on designated areas of the refuge sub- tions: Bank fishing is permitted at any time ject to the following condition: Permits are in the area around Floodway Dam south of required. the Highway 18 bridge, and fishing only from D. Sport Fishing. Fishing, frogging and the sunrise to sunset from nonmotorized boats taking of turtles and crawfish are permitted and boats with electric motors is permitted on designated areas of the refuge subject to in the Sand Slough-Mud Slough Area from the following conditions: November 1 through the end of February. 1. Fishing is not permitted in the water- 2. The use of limb lines and toxic chemical fowl sanctuary area during the waterfowl containers for jug fishing is not permitted. hunting season with the exception of the 3. The ends of trotlines must consist of a main channel of the Ouachita River and the length of cotton line that extends from the borrow pits along Highway 82. points of attachment into the water. 2. The ends of trotlines must consist of a 4. Boats may be launched only in des- length of cotton line that extends from the ignated areas. points of attachment into the water. 5. ATVs and airboats are prohibited. HOLLA BEND NATIONAL WILDLIFE REFUGE 6. Frogging is permitted from the begin- ning of the State frogging season through A. Hunting of Migratory Game Birds. [Re- October 31. The use of archery equipment for served] taking frogs is not permitted. B. Upland Game Hunting. Hunting of rac- 7. The taking of largemouth bass is per- coon, opossum, squirrel, rabbit, beaver and mitted in accordance with the posted length coyote is permitted on designated areas of and/or slot limits. the refuge subject to the following condition: Permits are required. CACHE RIVER NATIONAL WILDLIFE REFUGE C. Big Game Hunting. Hunting of white- tailed deer and turkey is permitted on des- A. Hunting of Migratory Game Birds. Hunt- ignated areas of the refuge subject to the fol- ing of ducks, snow geese, coots, woodcock, lowing condition: Permits are required. snipe, and mourning doves is permitted on D. Sport Fishing. Fishing, boating and designated areas of the refuge subject to the frogging are permitted subject to the fol- following condition: Permits are required. lowing conditions: B. Upland Game Hunting. Hunting of quail, 1. Fishing and boating in all waters from rabbit, squirrel, raccoon, opossum and bea- March 1 through October 31 only from 1⁄2 ver is permitted on designated areas of the hour before sunrise to 1⁄2 hour after sunset. refuge subject to the following condition: 2. Frogging from April 15 through October Permits are required. 31 only on that part of the old river channel C. Big Game Hunting. Hunting of white- that connects to the Arkansas River chan- tailed deer is permitted on designated areas nel. of the refuge subject to the following condi- 3. Anglers may bowfish only from August 1 tion: Permits are required. through August 31 subject to State D. Sport Fishing. Fishing is permitted on bowfishing regulations. Only bowfishing designated areas of the refuge subject to the equipment permitted. Anglers may not use following conditions: broad heads, field points, or metal arrows.
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OVERFLOW NATIONAL WILDLIFE REFUGE 3. The use of yo-yos, jugs, drops, trotlines and all commercial fishing tackle is not per- A. Hunting of Migratory Game Birds. Hunt- mitted. ing of ducks, coots and woodcock is per- mitted on designated areas of the refuge sub- 4. Big Creek and Ditch 8 are closed to fish- ject to the following condition: Permits are ing. required. 5. The taking of largemouth bass is per- B. Upland Game Hunting. Hunting of quail, mitted in accordance with the posted length squirrel, rabbit, raccoon, opossum, beaver, and/or slot limits. nutria, and coyote is permitted on des- ignated areas of the refuge subject to the fol- WHITE RIVER NATIONAL WILDLIFE REFUGE lowing condition: Permits are required. A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. Hunting of white- ing of ducks and coots is permitted on des- tailed deer, turkey, and feral hogs is per- ignated areas of the refuge subject to the fol- mitted on designated areas of the refuge sub- lowing condition: Permits are required. ject to the following condition: Permits are B. Upland Game Hunting. Hunting of squir- required. rel, rabbit, beaver, coyote, raccoon and opos- D. Sport Fishing. [Reserved] sum is permitted on designated areas of the POND CREEK NATIONAL WILDLIFE REFUGE refuge subject to the following condition: Permits are required. A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. Hunting of white- ers may hunt ducks, geese, coots, woodcock, tailed deer and turkey is permitted on des- snipe, and mourning doves on designated ignated areas of the refuge subject to the fol- areas of the refuge subject to the following lowing condition: Permits are required. condition: D. Sport Fishing. Fishing and frogging are 1. Hunters must possess a refuge permit. permitted on designated areas of the refuge B. Upland Game Hunting. Hunters may hunt subject to the following conditions: quail, rabbit, squirrel, raccoon, opossum and beaver on designated areas of the refuge sub- 1. Fishing is permitted from March 1 ject to the following condition: through November 30 except as posted and as 1. Hunters must possess a refuge permit. follows: fishing is permitted year-round in C. Big Game Hunting. Hunters may hunt LaGrueu, Essex, Prairie, and Brooks Bayous, white-tail deer and turkey on designated Big Island Chute, Moon Lake and Belknap areas of the refuge subject to the following Lake next to Arkansas Highway 1, Indian condition: Bay, the Arkansas Post Canal and adjacent 1. Hunters must possess a refuge permit. drainage ditches, those borrow ditches lo- D. Sport Fishing. Fishermen may fish, take cated adjacent to the West bank of that por- frogs, turtles and crawfish on designated tion of the White River Levee north of the areas of the refuge subject to the following Arkansas Power and Light Company power conditions: line right-of-way, and all refuge owned wa- 1. Fishermen must take turtles and craw- ters located North of Arkansas Highway 1. fish in accordance with applicable State reg- 2. A permit is required for the use of any ulations. fishing tackle other than hook and line. 2. Trotlines must be reset when exposed by 3. Trotlines must be reset when receding receding water levels. Trotline ends must water levels expose them and cannot be left consist of a length of cotton line that ex- unattended. The ends of trotlines must con- tends from the point of attachment into the sist of a length of cotton line that extends water. from the points of attachment into the water. WAPANOCCA NATIONAL WILDLIFE REFUGE 4. Frogging is permitted on all refuge A. Hunting of Migratory Game Birds. [Re- owned waters open for sport fishing as fol- served] lows: South of Arkansas Highway 1, frogging B. Upland Game Hunting. We allow hunting is permitted from the beginning of the State of squirrel, rabbit, beaver, nutria, raccoon, season through November 30; North of Ar- and opossum on designated areas of the ref- kansas Highway 1, frogging is permitted for uge subject to the following condition: We the entire State season. The use of bow and require permits. arrow for taking bullfrogs is prohibited. C. Big Game Hunting. [Reserved] D. Sport Fishing. Fishing is permitted on [58 FR 5064, Jan. 19, 1993, as amended at 58 designated areas of the refuge subject to the FR 29073, May 18, 1993; 59 FR 6689, Feb. 11, following conditions: 1994; 59 FR 55184, Nov. 3, 1994; 60 FR 62040, 1. We allow fishing from March 15 through Dec. 4, 1995; 61 FR 45366, Aug. 29, 1996; 61 FR October 31 from sunrise to sunset. 46393, Sept. 3, 1996; 62 FR 47376, Sept. 9, 1997; 2. The use of live carp, shad, buffalo, and 65 FR 30778, May 12, 2000; 65 FR 56400, Sept. goldfish for bait is not permitted. 18, 2000]
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§ 32.24 California. 4. Hunters may not possess more than 25 shells while in the field. The following refuge units have been 5. No person may build or maintain fires, opened for hunting and/or fishing, and except in portable gas stoves. are listed in alphabetical order with 6. You may enter or exit only at designated applicable refuge-specific regulations. locations. 7. Vehicles may stop only at designated CIBOLA NATIONAL WILDLIFE REFUGE parking areas. We prohibit the dropping of Refer to § 32.22 Arizona for regulations. passengers or equipment or stopping between designated parking areas. CLEAR LAKE NATIONAL WILDLIFE REFUGE C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] A. Hunting of Migratory Game Birds. Hunt- ing of geese, ducks, coots, moorhens, and DELEVAN NATIONAL WILDLIFE REFUGE snipe is permitted on designated areas of the refuge subject to the following conditions: A. Hunting of Migratory Game Birds. We allow hunting of geese, ducks, coots, 1. Air-thrust and inboard waterthrust moorhens, and snipe on designated areas of boats are not permitted. the refuge subject to the following condi- 2. You may possess only approved nontoxic tions: shot while in the field. 1. You must unload firearms while trans- B. Upland Game Hunting. [Reserved] porting them between parking areas and C. Big Game Hunting. Hunting of pronghorn spaced blind areas. antelope is permitted on the controlled ‘‘U’’ 2. We do not allow snipe hunting in the Unit of the refuge subject to the following spaced blind areas. conditions: 3. We restrict hunters assigned to the 1. Hunters may hunt only in the unit for spaced blind area to within 100 feet (30 m) of nine (9) consecutive days beginning on the their assigned hunt site except for retrieving first Saturday following the third Wednesday downed birds, placing decoys, or traveling to in August. and from the area. 2. Access to the unit is permitted only 4. Access to the hunt area is by foot traffic through the gate located on Clear Lake only. We do not allow bicycles and other con- Road. veyances. Mobility-impaired hunters should D. Sport Fishing. [Reserved] consult with the Refuge Manager for allowed COLUSA NATIONAL WILDLIFE REFUGE conveyances. 5. You may possess no more than 25 shells A. Hunting of Migratory Game Birds. We while in the field. allow hunting of geese, ducks, coots, 6. You may possess only approved nontoxic moorhens, and snipe on designated areas of shot while in the field. the refuges subject to the following condi- 7. No person may build or maintain fires, tions: except in portable gas stoves. 1. You may possess only approved nontoxic 8. You may enter or exit only at designated shot while in the field. locations. 2. Hunters may not possess more than 25 9. Vehicles may stop only at designated shells while in the field. parking areas. We prohibit the dropping of 3. Access to the hunt area is by foot traffic passengers or equipment, or stopping be- only. Bicycles and other conveyances are not tween designated parking areas. permitted. B. Upland Game Hunting. We allow hunting 4. No person may build or maintain fires, of pheasant only in the free-roam areas on except in portable gas stoves. the refuge subject to the following condi- 5. You may enter or exit only at designated tions: locations. 1. We do not allow pheasant hunting in the 6. Vehicles may stop only at designated spaced blind area except during a special 1- parking areas. We prohibit the dropping of day-only pheasant hunt on the first Monday passengers or equipment or stopping between after the opening of the State pheasant designated parking areas. hunting season. B. Upland Game Hunting. We allow hunting 2. You may possess only approved nontoxic of pheasant on designated areas of the refuge shot while in the field. subject to the following conditions: 3. Access to the hunt area is by foot traffic 1. Access to the hunt area is by foot traffic only. We do not allow bicycles and other con- only. veyances. Mobility-impaired hunters should 2. We do not allow bicycles and other con- consult with the Refuge Manager for allowed veyances. Mobility-impaired hunters should conveyances. consult with the Refuge Manager for allowed 4. You may possess no more than 25 shells conveyances. while in the field. 3. You may possess only approved nontoxic 5. No person may build or maintain fires, shot while in the field. except in portable gas stoves.
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6. You may enter or exit only at designated 2. You may possess only approved nontoxic locations. shot while in the field. 7. Vehicles may stop only at designated C. Big Game Hunting. [Reserved] parking areas. We prohibit the dropping of D. Sport Fishing. [Reserved] passengers or equipment, or stopping be- tween designated parking areas. LOWER KLAMATH NATIONAL WILDLIFE REFUGE C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. We D. Sport Fishing. We allow fishing during allow hunting of geese, ducks, coots, daylight hours only from February 15 moorhens, and snipe on designated areas of through October 1. the refuge subject to the following condi- HAVASU NATIONAL WILDLIFE REFUGE tions: 1. In the controlled waterfowl hunting Refer to § 32.22 Arizona for regulations. area, we require entry permits for the first 2 HUMBOLDT BAY NATIONAL WILDLIFE REFUGE days of the waterfowl season for all hunters 16 years of age or older. An adult with a per- A. Hunting of Migratory Game Birds. Hunt- mit must accompany hunters under the age ing of geese, ducks, coots, common moorhens of 16 hunting in the controlled area. We re- and snipe is permitted on designated areas of quire advance reservations for the first 2 the refuge subject to the following condi- days of the hunt. tions: 2. Shooting hours end at 1:00 p.m. on all 1. Permits are required for hunting on the California portions of the refuge with the fol- Salmon Creek Unit. lowing exceptions: 2. Hunting on the Salmon Creek Unit is a. The refuge manager may designate up to permitted only on Tuesday and Saturday. 6 afternoon special youth or disabled hunter B. Upland Game Hunting. [Reserved] waterfowl hunts per season; and C. Big Game Hunting. [Reserved] b. The refuge manager may designate up to D. Sport Fishing. We allow fishing on des- 3 days per week of afternoon waterfowl hunt- ignated areas of the refuge subject to the fol- ing for the general public after December 1. lowing conditions: 3. You may carry only unloaded firearms 1. We allow fishing from the designated on hunter access routes open to motor vehi- shoreline train along Hookton Slough during cles or when taking them through posted re- daylight hours only. trieving zones when traveling to and from 2. We allow fishermen to use only pole and the hunting areas. line or rod and reel from the Hookton Slough Shoreline trail fishing area. 4. You may not set decoys in retrieving 3. We do not allow either motorized boats zones. or motors on the refuge dock on Humboldt 5. We do not allow air-thrust and inboard Bay. We close the dock on Humboldt Bay to waterthrust boats. launching of all boats from November 1 6. You may possess only approved nontoxic through January 15. shot while in the field. 7. You may use only nonmotorized boats IMPERIAL NATIONAL WILDLIFE REFUGE and boats with electric motors on units 4b and 4c from the start of the hunting season Refer to § 32.22 Arizona for regulations. through November 30. You may use motor- KERN NATIONAL WILDLIFE REFUGE ized boats on units 4b and 4c from December 1 through the end of hunting season. A. Hunting of Migratory Game Birds. Hunt- B. Upland Game Hunting. We allow hunting ing of geese, ducks, coots and moorhens is of pheasant on designated areas of the refuge permitted on designated areas of the refuge subject to the following conditions: subject to the following conditions: 1. You may possess only approved nontoxic 1. Hunters assigned to the spaced blind shot while in the field. unit must travel to and from parking areas 2. You may carry only unloaded firearms and blind sites with firearms unloaded. on hunter access routes open to motor vehi- 2. Hunters assigned to the spaced blind cles or when taking them through posted re- unit must remain within 100 feet of the num- trieving zones when traveling to and from bered steel post (blind site) except when pur- the hunting areas. suing cripples, placing decoys or traveling to C. Big Game Hunting. [Reserved] and from the parking area. 3. Hunters may not possess more than 25 D. Sport Fishing. [Reserved] shells while in the field. MERCED NATIONAL WILDLIFE REFUGE 4. Hunters must park in assigned lots. 5. Only nonmotorized boats are permitted. A. Hunting of Migratory Game Birds. We B. Upland Game Hunting. Hunting of pheas- allow hunting of geese, ducks, coots, and ant is permitted on designated areas of the moorhens on designated areas of the refuge refuge subject to the following conditions: subject to the following conditions and as we 1. Pheasant hunting is only permitted in may otherwise post in the refuge regula- the free roam unit. tions:
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1. You must unload firearms while trans- 3. We restrict hunters assigned to the porting them between parking areas and spaced blind unit to within 100 feet (30 m) of blind sites. their assigned hunt site except for retrieving 2. You may not possess more than 25 shells downed birds, placing decoys, or traveling to when leaving your assigned parking lot. and from the parking area. 3. You may possess only approved nontoxic 4. You may possess only approved nontoxic shot while in the field. shot while in the field. 4. We restrict hunters assigned to the 5. You may possess no more than 25 shells spaced blind unit to their assigned blind ex- while in the field. cept for retrieving downed birds, placing de- 6. Access to the hunt area is by foot traffic coys, or traveling to and from the parking only. We do not allow bicycles and other con- area. veyances. Mobility-impaired hunters should B. Upland Game Hunting. [Reserved] consult with the Refuge Manager for allowed C. Big Game Hunting. [Reserved] conveyances. D. Sport Fishing. [Reserved] 7. No person may build or maintain fires, except in portable gas stoves. MODOC NATIONAL WILDLIFE REFUGE 8. You may enter or exit only at designated A. Hunting of Migratory Game Birds. Hunt- locations. ing of geese, ducks, coots, moorhens and 9. Vehicles may stop only at designated snipe is permitted on designated areas of the parking areas. We prohibit the dropping of refuge subject to the following conditions: passengers or equipment or stopping between 1. A permit issued by the refuge to hunters designated parking areas. with advance reservations only is required B. Upland Game Hunting. We allow hunting for the first weekend. of pheasant on designated areas of the refuge 2. After the first weekend of the open sea- subject to the following conditions: son, hunting is permitted only on Tuesdays, 1. We do not allow pheasant hunting in the Thursdays, and Saturdays. Hunters must spaced blind area except during a special 1- check in and out of the refuge by use of self- day-only pheasant hunt on the first Monday service permits. after the opening of the State pheasant 3. In the designated spaced blind area, hunting season. hunters must remain within 50 feet of the es- 2. You may possess only approved nontoxic tablished blind stake for the blind assigned shot while in the field. to them. 3. Access to the hunt area is by foot traffic 4. You may possess only approved nontoxic only. We do not allow bicycles and other con- shot while in the field. veyances. Mobility-impaired hunters should 5. Hunters may not possess more than 25 consult with the Refuge Manager for allowed shells after leaving the parking area. conveyances. B. Upland Game Hunting. We allow hunting 4. You may not possess more than 25 shells of pheasant on designated areas of the refuge while in the field. subject to the following conditions: 5. No person may build or maintain fires, 1. We limit hunting to junior hunters pos- except in portable gas stoves. sessing a valid Junior Hunting License and 6. You may enter or exit only at designated refuge permit. locations. 2. You may possess only approved nontoxic 7. Vehicles may stop only at designated shot while in the field. parking areas. We prohibit the dropping of C. Big Game Hunting. [Reserved] passengers or equipment or stopping between D. Sport Fishing. Fishing is permitted only designated parking areas. on Dorris Reservoir subject to the following C. Big Game Hunting. [Reserved] conditions: D. Sport Fishing. [Reserved] 1. Fishing is not permitted during the mi- SALINAS RIVER NATIONAL WILDLIFE REFUGE gratory waterfowl hunting season. 2. Fishing is permitted during daylight A. Hunting of Migratory Game Birds. Hunt- hours only. ing of geese, ducks, coots, and moorhens is permitted on designated areas of the refuge. SACRAMENTO NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. We C. Big Game Hunting. [Reserved] allow hunting of geese, ducks, coots, D. Sport Fishing. [Reserved] moorhens, and snipe on designated areas of SALTON SEA NATIONAL WILDLIFE REFUGE the refuge subject to the following condi- tions: A. Hunting of Migratory Game Birds. Hunt- 1. You must unload firearms while trans- ing of geese, ducks, coots, and moorhens is porting them between parking areas and permitted on designated areas of the refuge spaced blind areas. subject to the following conditions: 2. We do not allow snipe hunting in the 1. Hunters using the Union Tract must use spaced blind area. goose decoys.
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2. Hunters must hunt from assigned blinds 1. In the free-roam hunting areas, you may on the Union Tract and within 100 feet (.9144 use only portable blinds, temporary blinds meters) of blind sites on the Hazard Tract, constructed of natural materials, and on the except when shooting to retrieve crippled San Luis Unit, existing concrete barrel birds. blinds. We prohibit the cutting of woody 3. Firearms must be unloaded while being vegetation. transported between parking areas and blind 2. You must remove all portable blinds, de- sites. coys, and other personal equipment from the 4. Hunters may not possess more than 25 refuge following each day’s hunt. shells while in the field. 3. You may snipe hunt only within the B. Upland Game Hunting. [Reserved] free-roam portion of the San Luis unit’s wa- C. Big Game Hunting. [Reserved] terfowl hunting areas. D. Sport Fishing. Fishing is permitted only 4. You may possess only approved nontoxic on designated areas of the refuge inundated shot while in the field. by the Salton Sea subject to the following 5. You may possess no more than 25 shells conditions: after leaving your assigned parking lot or 1. Fishing is permitted from April 1 boat launch. through September 30. 6. Vehicles may stop only at designated, 2. Only boat fishing is permitted. assigned parking areas. We prohibit dropping of passengers or equipment or stopping be- SAN FRANCISCO BAY NATIONAL WILDLIFE tween designated parking areas. You must REFUGE return your permits to the check stations A. Hunting of Migratory Game Birds. Hunt- immediately upon completion of your hunt, ing of geese, ducks and coots is permitted on and prior to using any tour routes or leaving designated areas of the refuge subject to the the refuge vicinity. following conditions: 7. You may not transport loaded firearms 1. Hunters may retrieve birds that fall into while walking or bicycling between parking an area that is closed to hunting, provided areas in spaced blind units, or while trav- that all weapons are left within a legal hunt- eling in a boat under power. ing area. 8. We restrict hunters in the spaced blind 2. Only portable blinds and temporary area to their assigned blind except when blinds constructed of natural materials are they are placing decoys, traveling to and permitted. from the parking area, retrieving downed 3. Digging into levees is not permitted. birds, or when shooting to retrieve cripples. 4. Nonmotorized boats may be used on all 9. Access to the Frietas Unit free-roam 9 ponds for setting out and retrieving decoys hunting area is by boat only with a max- or for retrieving downed waterfowl. Non- imum of 5 mph. Prohibited boats include air- motorized boats may also be used for hunt- thrust and/or inboard water-thrust types. ing on Ponds 1, 2, 3, 4, 5, and 6 of the Mowry 10. We prohibit the use of motorized boats Slough Unit. in the free-roam units with the exception of 5. All decoys, boats and other personal the Frietas Unit. property must be removed from the refuge B. Upland Game Hunting. We allow hunting following each day’s hunt. of pheasants on designated areas of the ref- B. Upland Game Hunting. [Reserved] uge subject to the following conditions or as C. Big Game Hunting. [Reserved] we otherwise may post in refuge regulations D. Sport Fishing. Fishing is permitted on available at visitor information centers and designated areas of the refuge subject to the refuge headquarters: following conditions: 1. You may possess only approved nontoxic 1. Fishing from designated shoreline trail shot while in the field. fishing areas and from the Dumbarton Pier 2. Hunters may not possess more than 25 is permitted during the hours posted at the shotshells while in the field. pier and refuge headquarters. C. Big Game Hunting. [Reserved] 2. Fishing and all other public entry is not D. Sport Fishing. We allow fishing on des- permitted in the entire Mowry Slough from ignated areas of the refuge subject to the fol- March 15 through June 15. lowing conditions and as we may otherwise 3. The upper reaches of Mallard Slough are post in the refuge regulations: closed to fishing and all other entry from 1. We allow fishing from sunrise to sunset March 1 through August 31. only, except on that portion of the San Joa- quin River’s south (left descending) bank SAN LUIS NATIONAL WILDLIFE REFUGE within the West Bear Creek Unit designated A. Hunting of Migratory Game Birds. We as open for fishing 24 hours per day, or as allow hunting of geese, ducks, coots, otherwise posted in refuge regulations. moorhens, and snipe on designated areas of 2. We allow the use of one pole and line or the refuge subject to the following condi- one rod and reel per person. Fishermen must tions and as we may otherwise post in the attend at all times any pole and line or rod refuge regulations: and reel they are using for fishing.
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3. We prohibit the use of any boat, float passengers or equipment or stopping between tube, or other floating aid/device. designated parking areas. C. Big Game Hunting. [Reserved] SAN PABLO BAY NATIONAL WILDLIFE REFUGE D. Sport Fishing. [Reserved] A. Hunting of Migratory Game Birds. Hunt- ing of ducks, geese and coots is permitted on TULE LAKE NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the A. Hunting of Migratory Game Birds. We following conditions: allow hunting of geese, ducks, coots, 1. All personal property, except floating moorhens, and snipe on designated areas of blinds, must be removed from the refuge at the refuge subject to the following condi- the end of each hunting day. Floating blinds tions: may be left overnight, but must be removed 1. We require entry permits in the con- from the refuge at the end of the waterfowl trolled waterfowl hunting area for the first 2 hunting season. days of the waterfowl season for all hunters 2. Hunters may use only portable blinds 16 years of age or older. An adult with a per- and temporary or floating blinds constructed mit must accompany hunters under the age of biodegradable materials. of 16 hunting in the controlled area. We re- 3. Blinds may be used by any hunter on a quire advance reservation for the first 2 days first-come basis each day. of the hunt. 4. Digging into levees is prohibited. 2. Shooting hours end at 1:00 p.m. on all B. Upland Game Hunting. Hunting of pheas- California portions of the refuge with the fol- ants is permitted on designated areas of the lowing exceptions: refuge. a. The refuge manager may designate up to C. Big Game Hunting. [Reserved] six afternoon special youth or disabled D. Sport Fishing. [Reserved] hunter waterfowl hunts per season; and SUTTER NATIONAL WILDLIFE REFUGE b. The refuge manager may designate up to 3 days per week of afternoon waterfowl hunt- A. Hunting of Migratory Game Birds. We ing for the general public after December 1. allow hunting of geese, ducks, coots, 3. We do not allow possession of any loaded moorhens, and snipe on designated areas of firearms more than 200 feet (60 m) from the the refuge subject to the following condi- established blind stakes. You select blind tions: sites by lottery at the beginning of each 1. You may possess only approved nontoxic hunt day. You may shoot only from within shot while in the field. your assigned blind site. 2. You may possess no more than 25 shells 4. You may carry only unloaded firearms while in the field. on hunter access routes open to motor vehi- 3. Access to the hunt area is by foot traffic cles or when taking them through posted re- only. We do not allow bicycles and other con- trieving zones when traveling to and from veyances. Mobility-impaired hunters should the hunting areas. consult with the Refuge Manager for allowed 5. We do not allow you to set decoys in re- conveyances. trieving zones. 4. No person may build or maintain fires, 6. We do not allow air-thrust and inboard except in portable gas stoves. waterthrust boats. 5. You may enter or exit only at designated 7. You may possess only approved nontoxic locations. shot while in the field. 6. Vehicles may stop only at designated B. Upland Game Hunting. We allow hunting parking areas. We prohibit the dropping of of pheasant on designated areas of the refuge passengers or equipment or stopping between subject to the following conditions: designated parking areas. 1. You may possess only approved nontoxic B. Upland Game Hunting. We allow hunting shot while in the field. of pheasant on designated areas of the refuge 2. You may carry only unloaded firearms subject to the following conditions: on hunter access routes open to motor vehi- 1. You may possess only approved nontoxic cles or when taking them through posted re- shot while in the field. trieving zones when traveling to and from 2. Access is by foot traffic only. We do not the hunting areas. allow bicycles and other conveyances. Mobil- C. Big Game Hunting. [Reserved] ity-impaired hunters should consult with the D. Sport Fishing. [Reserved] Refuge Manager for allowed conveyances. 3. You may possess no more than 25 shells [58 FR 5064, Jan. 19, 1993, as amended at 58 while in the field. FR 29073, May 18, 1993; 58 FR 29084, May 18, 4. No person may build or maintain fires, 1993; 59 FR 6689, Feb. 11, 1994; 59 FR 55184, except in portable gas stoves. Nov. 3, 1994; 60 FR 5067, Jan. 25, 1995; 60 FR 5. You may enter or exit only at designated 62041, Dec. 4, 1995; 61 FR 46393, Sept. 3, 1996; locations. 62 FR 47376, Sept. 9, 1997; 63 FR 46915, Sept. 3, 6. Vehicles may stop only at designated 1998; 65 FR 30778, May 12, 2000; 65 FR 56401, parking areas. We prohibit the dropping of Sept. 18, 2000]
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§ 32.25 Colorado. B. Upland Game Hunting. Hunting of pheas- ant, cottontail rabbit, black-tailed and The following refuge units have been white-tailed jackrabbit is permitted on des- opened for hunting and/or fishing, and ignated areas of the refuge subject to the fol- are listed in alphabetical order with lowing condition: Hunting is permitted only applicable refuge-specific regulations. when the respective State season coincides with the refuge waterfowl hunting season. ALAMOSA NATIONAL WILDLIFE REFUGE C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. Hunt- D. Sport Fishing. [Reserved] ing of geese, ducks, coots, snipe and mourn- ing doves is permitted on designated areas of ROCKY MOUNTAIN ARSENAL the refuge subject to the following condition: A. Hunting of Migratory Game Birds. [Re- Snipe and dove hunting are permitted only served] during the waterfowl hunting season. B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. Hunting of pheas- C. Big Game Hunting. [Reserved] ant, cottontail rabbit, black-tailed and D. Sport Fishing. Anglers may fish only in white-tailed jackrabbit is permitted on des- designated areas of the refuge subject to the ignated areas of the refuge subject to the fol- following conditions: lowing conditions: Hunting is permitted only 1. Refuge fishing permit required. when the respective State season coincides 2. Fishing permitted only from sunrise to with the refuge waterfowl hunting season. sunset from April 15 through October 15 an- C. Big Game Hunting. [Reserved] nually. D. Sport Fishing. [Reserved] 3. Catch and release only fishing. ARAPAHO NATIONAL WILDLIFE REFUGE 4. Additional refuge regulations listed in refuge fishing regulations leaflet and fishing A. Hunting of Migratory Game Birds. Hunt- permits. ing of migratory game birds is allowed on designated areas of the refuge pursuant to [58 FR 5064, Jan. 19, 1993, as amended at 59 State law. FR 6685, Feb. 11, 1994; 60 FR 62041, Dec. 4, B. Upland Game Hunting. We allow upland 1995; 62 FR 47376, Sept. 9, 1997; 65 FR 30780, game hunting on designated areas of the ref- May 12, 2000] uge pursuant to State law and subject to the following condition: You may possess only § 32.26 Connecticut. [Reserved] approved nontoxic shot while in the field. C. Big Game Hunting. Hunting of pronghorn § 32.27 Delaware. antelope is permitted on designated areas of The following refuge units have been the refuge. D. Sport Fishing. Anglers may fish in des- opened for hunting and/or fishing, and ignated areas of the refuge subject to the fol- are listed in alphabetical order with lowing conditions: applicable refuge-specific regulations. 1. Anglers may not fish between June 1 and July 31 each year. BOMBAY HOOK NATIONAL WILDLIFE REFUGE 2. Anglers may fish only during daylight A. Hunting of Migratory Game Birds. Hunt- hours. ing of migratory game birds is permitted on designated areas of the refuge subject to the BROWNS PARK NATIONAL WILDLIFE REFUGE following conditions: A. Hunting of Migratory Game Birds. Hunt- 1. Permits are required for waterfowl hunt- ers may hunt geese, ducks, coots, and ing except on the South Upland Hunting mourning doves only in designated areas of Area. the refuge. 2. Hunting of waterfowl and coots is per- B. Upland Game Hunting. Hunters may hunt mitted on the South Waterfowl Area, the cottontail rabbits only in designated areas of West Waterfowl Area, and the Young the refuge. Waterfowlers Area. C. Big Game Hunting. Hunters may hunt 3. Only snow geese may be taken on the mule deer and elk only in designated areas of Snow Goose Area. the refuge. 4. Hunting is permitted only from des- D. Sport Fishing. Anglers may fish only in ignated sites, except on the South Upland designated areas of the refuge. Hunting Area and the Snow Goose Area. 5. The maximum number of hunters per- MONTE VISTA NATIONAL WILDLIFE REFUGE mitted per blind is as follows: A. Hunting of Migratory Game Birds. Hunt- West Waterfowl Area—4; South Waterfowl ing of geese, ducks, coots, snipe and mourn- Area—3; Young Waterfowlers Area—2. ing doves is permitted on designated areas of 6. The possession of a loaded shotgun while the refuge subject to the following condition: outside a blind or designated site is not per- Snipe and dove hunting are permitted only mitted unless actively pursuing crippled during the waterfowl hunting season. birds.
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7. Waterfowl hunters may not possess more 4. Shotgun hunters may possess only ap- than 15 shotgun shells per day on the West proved nontoxic shot while in the field. and Young Waterfowlers Hunt Areas. C. Big Game Hunting. Hunting of deer and B. Upland Game Hunting. We allow hunting turkey is permitted on designated areas of of upland game on designated areas of the the refuge subject to the following condi- refuge subject to the following conditions: tions: 1. We allow hunting only on the South Up- 1. Permits are required. land Hunting Area. 2. Deer hunting on Area A must be from 2. We allow hunting from 1⁄2 hour before designated stands only, unless actively sunrise to 1⁄2 hour after sunset. tracking or retrieving wounded deer. 3. You may possess only approved nontoxic 3. Hunting Areas A and B and the North shot while in the field. Hunting Area are open to shotgun and muz- C. Big Game Hunting. We allow hunting of zleloader deer hunting. turkey and deer on designated areas of the 4. Archery deer hunting is permitted on refuge subject to the following conditions: the North Hunting Area only. 1. We require a refuge permit except on the 5. Archery hunting is not permitted during South Upland Hunting Area. the October primitive weapons season. 2. Hunting on the Headquarters Deer Hunt 6. Only portable tree stands may be used Area must be from designated stands only, and must be removed from the refuge each unless actively tracking or retrieving day. wounded deer. 7. A shotgun only turkey hunt is permitted 3. We require a valid State permit for tur- during the State spring season in Unit 1 key hunting. north of Fowler’s Beach Road and west of 4. During firearms deer season, hunters Slaughter Canal. must wear in a conspicuous manner as an 8. Hunters during firearms deer season outer layer on the head, chest, and back a must wear in a conspicuous manner on head, minimum of 400 square inches (2,600 cm2) of chest and back a minimum of 400 square solid-colored orange clothing or material. inches of solid-colored hunter orange cloth- D. Sport Fishing. [Reserved] ing or material. D. Sport Fishing. Fishing and crabbing are PRIME HOOK NATIONAL WILDLIFE REFUGE permitted on designated areas of the refuge subject to the following conditions: A. Hunting of Migratory Game Birds. Hunt- 1. Boats used on Fleetwood or Turkle ing of migratory game birds is permitted on ponds must be propelled manually or by elec- designated areas of the refuge subject to the tric motors. following conditions: 2. Those portions of Fleetwood and Turkle 1. Permits are required for waterfowl hunt- ponds having wood duck nesting boxes are ing. closed to public entry from March 1 through 2. Only waterfowl and coots may be taken June 30. on the Waterfowl and Young Waterfowlers 3. Boats may be launched from designated Hunting Areas. access points or public roads. 3. Only mourning doves, common snipe, 4. Bank fishing and crabbing is permitted and woodcock may be taken on the North only at designated access points and public Hunting Area. right-of-ways. 4. Access to the waterfowl hunt area is by 5. The use of air-thrust watercraft is not boat only. permitted. 5. Except on the North Hunting Area, hunt- ing is permitted from designated blinds only, [58 FR 5064, Jan. 19, 1993, as amended at 58 with a maximum of three hunters per blind. FR 29074, May 18, 1993; 60 FR 62041, Dec. 4, 6. The possession of a loaded shotgun while 1995; 65 FR 30781, May 12, 2000; 65 FR 56401, outside of a blind is not permitted unless ac- Sept. 18, 2000] tively pursuing crippled birds. 7. Hunters using the Young Waterfowlers § 32.28 Florida. Hunting Area may not use or possess more The following refuge units have been than 25 shells per day. opened for hunting and/or fishing, and 8. Hunting is not permitted from March 1 through August 31. are listed in alphabetical order with B. Upland Game Hunting. Hunting of rabbit, applicable refuge-specific regulations. squirrel, quail, and pheasant is permitted on ARTHUR R. MARSHALL LOXAHATCHEE designated areas of the refuge subject to the NATIONAL WILDLIFE REFUGE following conditions: 1. Hunting is permitted only on the North A. Hunting of Migratory Game Birds. Hunt- Hunting Area. ing of ducks and coots is permitted on des- 2. Hunting is permitted from 1⁄2 hour before ignated areas of the refuge subject to the fol- sunrise to 1⁄2 hour after sunset. lowing condition: Permits are required. 3. Hunting is not permitted from March 1 B. Upland Game Hunting. [Reserved] through August 31. C. Big Game Hunting. [Reserved]
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D. Sport Fishing. Fishing is permitted on C. Big Game Hunting. [Reserved] designated areas of the refuge subject to the D. Sport Fishing. Fishing is permitted on following conditions: designated areas of the refuge subject to the 1. Fishing is permitted only from sunrise following condition: Fishing is permitted to sunset on all areas of the refuge except year-round only from sunrise to sunset. the management impoundments and those areas marked by signs as closed to public J. N. ‘‘DING’’ DARLING NATIONAL WILDLIFE entry or fishing. REFUGE 2. Only the use of rods and reels or poles A. Hunting of Migratory Game Birds. [Re- and lines is permitted, and this fishing served] equipment must be attended at all times. B. Upland Game Hunting. [Reserved] 3. Commercial fishing or the taking of C. Big Game Hunting. [Reserved] frogs or turtles is not permitted. D. Sport Fishing. Anglers may fish and crab 4. The possession or use of trotlines, gigs, on designated areas of the refuge subject to jugs, seines, castnets or other fishing devices the following conditions: not described above is not permitted. 1. Fishing permitted in refuge waters ex- CEDAR KEYS NATIONAL WILDLIFE REFUGE cept in areas designated as ‘‘closed to public entry,’’ and the Mangrove Head Pond, Tower A. Hunting of Migratory Game Birds. [Re- Pond, and Tarpon Bay Slough at the Bailey served] Tract. B. Upland Game Hunting. [Reserved] 2. Crabbing permitted in refuge waters ex- C. Big Game Hunting. [Reserved] cept in areas designated as ‘‘closed to public D. Sport Fishing. Anglers may fish in salt entry.’’ water year round in accordance with State 3. Anglers may not take horseshoe crabs, regulations subject to the following condi- stone crabs, or spider crabs. tion: 4. Anglers may not take blue crabs for 1. A 300 foot buffer zone beginning at mean commercial purposes. high tide line and extending into the waters 5. Anglers may take blue crabs along the around Seahorse Key will be closed to all Wildlife Drive only with the use of dip nets. public entry from March 1 through June 30. Anglers may not use lines, traps, or bait on CHASSAHOWITZKA NATIONAL WILDLIFE REFUGE or within 150 feet of the Wildlife Drive. 6. Anglers may use baited lines and traps A. Hunting of Migratory Game Birds. We within refuge waters if such devises are con- allow hunting of ducks and coots on des- tinuously attended/monitored and removed ignated areas of the refuge subject to the fol- at the end of each day. Attended/monitored lowing condition: We require permits. means that all devices used in the capture of B. Upland Game Hunting. We allow hunting blue crabs must be within the immediate of quail, squirrel, rabbit, and armadillo on view of the sport crabber. designated areas of the refuge subject to the 7. Daily limit of blue crabs is 20 per person following condition: We require permits. of which no more that 10 shall be females. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hogs on des- LAKE WOODRUFF NATIONAL WILDLIFE REFUGE ignated areas of the refuge subject to the fol- lowing condition: We require permits. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. We allow fishing on the served] refuge year round subject to the following B. Upland Game Hunting. [Reserved] condition: You must fish in accordance with C. Big Game Hunting. We allow hunting of State regulations. white-tailed deer and feral hogs on des- ignated areas of the refuge subject to the fol- EGMONT KEY NATIONAL WILDLIFE REFUGE lowing condition: We require permits. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Sport fishing will be in ac- served] cordance with State regulations and is sub- B. Upland Game Hunting. [Reserved] ject to the following conditions: C. Big Game Hunting. [Reserved] 1. We allow fishing only from sunrise to D. Sport Fishing. Fishing is permitted on sunset. designated areas of the refuge subject to the 2. We do not allow use of airboats in the following conditions: refuge. 1. Fishing is permitted only from sunrise 3. We do not allow commercial fishing or to sunset. the taking of frogs or turtles. 2. Fishing is permitted year-round, from 4. We do not allow the use of snatch hooks refuge beaches only. in the refuge impoundments.
HOBE SOUND NATIONAL WILDLIFE REFUGE LOWER SUWANNEE NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. [Re- served] A. Hunting of Migratory Game Birds. Hunt- B. Upland Game Hunting. [Reserved] ing of migratory game birds is permitted on
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designated areas of the refuge subject to the 11. Hunters must not construct permanent following condition: Permits are required. above ground, or pit blinds, nor dig into B. Upland Game Hunting. Hunting of upland dikes. game is permitted on designated areas of the 12. Hunters must not shoot from within 10 refuge subject to the following condition: feet of any dike, roadway, or railroad fill. Permits are required. 13. Hunters must remove decoys, boats, and C. Big Game Hunting. Hunting of big game other personal property from the refuge by is permitted on designated areas of the ref- 2:00 pm daily. uge subject to the following condition: Per- 14. Refuge guides must purchase and have mits are required. Guide Permits on their person while in the D. Sport Fishing. Anglers may fish in ac- field hunting. cordance with State regulations subject to 15. Hunters may not launch boats off Black the following conditions: Point Wildlife Drive. 1. Anglers may take game and nongame 16. Hunters may not use air thrust boats, fish only with pole and line or rod and reel. hovercraft, jetskis or similar craft on refuge 2. Anglers may not take turtles and frogs. waters. 3. Boats may not be left on the refuge over- 17. Boats must not exceed ‘‘Idle Speed’’ in night. Bairs Cove nor 8 mph or ‘‘Slow speed-Min- imum Wake’’ in Haulover Canal. MERRITT ISLAND NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. [Reserved] ers may hunt ducks and coots in designated D. Sport Fishing. Fishermen may fish, crab, areas of the refuge subject to the following clam, oyster and shrimp in designated areas conditions: of the refuge subject to the following condi- 1. You must possess a valid refuge hunting tions: permit at all times while hunting on the ref- 1. Fishermen may night fish from a boat uge. In addition, we annually require a quota only in Mosquito Lagoon, Indian River, Ba- permit for hunt areas 1 and 4 from the begin- nana River, and Haulover Canal. All fisher- ning of the regular waterfowl season through men must possess a valid refuge night fish- December 31. ing permit. 2. Hunters may hunt only on Wednesday, 2. Fishermen must attend their lines at all Saturday, Sunday, and the following holi- times. days: Thanksgiving, Christmas, and New 3. Vehicles must use only designated public Years Day only within the designated State access routes and boat launching areas north season. and south of Haulover Canal. 3. Hunters may hunt only in four des- 4. Fishermen may not launch boats from ignated areas of the refuge subject to delin- Black Point Wildlife Drive. eation in the refuge hunting map and bro- 5. Fishermen may not use air thrust boats, chure, including the open waters of Mosquito hovercraft, jetskis or similar craft on refuge Lagoon, Indian River, and designated im- waters. poundments outside the NASA security area. 6. Fishermen may launch or moor boats 4. Hunting hours are one-half hour before only between sunset and sunrise at Beacon 42 sunrise until 1:00 pm. each hunting day. fish camp and Bairs Cove at Haulover Canal 5. You must complete and carry proof of Recreation Area. completing an approved hunter safety train- 7. The public must not use motorized boats ing course in all hunt areas. in the Banana River Manatee sanctuary 6. An adult 21 years of age or older must (north of KARS Park on the west side of the supervise and remain in sight and normal Barge Channel and north of the Air Force voice contact with hunters under the age of power line on the east side of the Barge 16. Channel). This includes any boat having an 7. The public may not enter the refuge be- attached motor or a non-attached motor tween sunset and sunrise except: You may that is capable of use (including electric access the refuge for waterfowl hunting only trolling motors). This regulation is in effect after 4:00 a.m. each hunting day during wa- throughout the year. terfowl hunting season, and a valid refuge 8. Boats must not exceed ‘‘Idle Speed’’ in hunting permit must be in your possession. Bairs Cove and KARS Marina nor 8 mph or 8. Hunters may not park along Blackpoint ‘‘Slow speed-Minimum Wake’’ in Haulover Wildlife Drive or Playalinda Beach Road for Canal. the purposes of waterfowl hunting. 9. The public must not enter the refuge be- 9. Hunters may not trespass or hunt migra- tween sunset and sunrise except fishermen tory game birds in refuge areas posted may launch boats while fishing from Beacon ‘‘AREA CLOSED’’. 42 Fish Camp or Bairs Cove at Haulover 10. Vehicles must use only designated pub- Canal. Nighttime fishermen must also pos- lic access routes and boat launching areas sess a valid refuge fishing permit while fish- north and south of Haulover Canal. ing on the refuge.
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PELICAN ISLAND NATIONAL WILDLIFE REFUGE ramps at Wakulla Beach or the Lighthouse Road area. A. Hunting of Migratory Game Birds. [Re- served] ST. VINCENT NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Fishing is permitted on served] designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. We allow hunting of 1. Fishing is permitted year-round. white-tailed deer, sambar deer, and feral 2. Bank fishing from spoil islands is per- hogs on designated areas of the refuge sub- mitted, during daylight hours only. ject to the following condition: We require PINELLAS NATIONAL WILDLIFE REFUGE permits. D. Sport Fishing. We allow fishing on des- A. Hunting of Migratory Game Birds. [Re- ignated areas of the refuge subject to the fol- served] lowing conditions: B. Upland Game Hunting. [Reserved] 1. We allow fishing only from sunrise to C. Big Game Hunting. [Reserved] sunset. D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the 2. We allow only nonmotorized boats and following condition: Fishing is only per- boats with electric motors. mitted from boats, into the waters sur- 3. We do not allow the use of live minnows rounding Tarpon Key. as bait. 4. We allow fishing in Lakes 1 and 2 and ST. MARKS NATIONAL WILDLIFE REFUGE Oyster Pond from April 1 through September A. Hunting of Migratory Game Birds. We 30. allow hunting of ducks and coots in des- 5. We allow fishing in Lakes 3, 4, and 5 ignated areas of the refuge subject to the fol- from May 15 through September 30. lowing condition: We require permits. B. Upland Game Hunting. We allow hunting TEN THOUSAND ISLANDS NATIONAL WILDLIFE of squirrel, rabbit, and raccoon on designated REFUGE areas of the refuge subject to the following A. Hunting of Migratory Game Birds. Hunt- condition: We require permits. ers may hunt ducks and coots in designated C. Big Game Hunting. We allow hunting of areas of the refuge subject to the following white-tailed deer, turkeys, and feral hogs on condition: Permits required. designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following condition: We require permits. C. Big Game Hunting. [Reserved] D. Sport Fishing. Anglers may fish and crab on designated areas of the refuge subject to D. Sport Fishing. Anglers may fish only in the following conditions: designated portions of the refuge subject to 1. Anglers may fish and crab only from the following conditions: sunrise to sunset. 1. Anglers may not use airboats, hover- 2. Anglers may only use boats with motors craft, off road vehicles, or personal water of 10 horsepower or less in refuge pools and craft in freshwater and brackish water wet- lakes. lands and water bodies. 3. Anglers may only use boats with or 2. Anglers may fish in freshwater and without motors on the St. Marks Unit pools brackish water creeks and ponds year round from March 15 through October 15 annually. from sunrise to sunset. Anglers may enter 4. Anglers may take only fish species, and these areas only from sunrise to sunset. fish limits authorized by State regulations. 3. Anglers may fish in tidal waters year 5. Anglers may not take frogs or turtles. round and 24 hours a day. 6. Anglers may fish and boat in Panacea 4. Anglers may not fish with trotlines, Unit ponds year round. Anglers may access gigs, spears, bush hooks, snatch hooks, cross- Panacea Unit ponds in a vehicle only from bows or bows and arrows of any type. March 15 through May 15 annually. Anglers 5. Anglers may enter the refuge to crab in may fish and boat in Otter Lake year round. freshwater and brackish water areas only 7. Anglers may not launch commercial from sunrise to sunset. Recreational anglers boats at the saltwater boat ramp on Co. Rd. may use crab pots only in accordance with 59 (Lighthouse Rd.). State regulations, except that crab pots 8. Anglers may only take bait fish and non- abandoned or not checked after 72 hours are game fish by hook and line in refuge ponds, subject to impoundment. lakes, and impoundments. 9. We prohibit crabbing in refuge pools and [58 FR 5064, Jan. 19, 1993, as amended at 59 impoundments along Lighthouse Road. FR 6690, Feb. 11, 1994; 59 FR 55185, Nov. 3, 10. We do not allow launching of airboats 1994; 61 FR 46394, Sept. 3, 1996; 62 FR 47376, or inboard waterthrust boats (personal Sept. 9, 1997; 63 FR 46915, Sept. 3, 1998; 65 FR watercraft) from refuge saltwater boat 30781, May 12, 2000; 65 FR 56401, Sept. 18, 2000]
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§ 32.29 Georgia. 1. We allow fishing from March 15 to Octo- ber 15 except on the Ocmulgee River, which The following refuge units have been is open to fishing year-round. opened for hunting and/or fishing, and 2. We allow fishing only from sunrise to are listed in alphabetical order with sunset. applicable refuge-specific regulations. 3. We allow fishing only with pole and line or rod and reel. BANKS LAKE NATIONAL WILDLIFE REFUGE 4. We prohibit the taking of sturgeon, frogs, turtles, and mollusks. A. Hunting of Migratory Game Birds. [Re- 5. We allow only nonmotorized boats or served] boats with electric motors on refuge waters B. Upland Game Hunting. [Reserved] except the Ocmulgee River. C. Big Game Hunting. [Reserved] 6. You may not leave boats or other per- D. Sport Fishing. Fishing is permitted on sonal equipment on the refuge overnight. designated areas of the refuge subject to the 7. The minimum size limit for largemouth following conditions: bass is 14 inches (35 cm) 1. Fishing is permitted year-round only from sunrise to sunset. EUFAULA NATIONAL WILDLIFE REFUGE 2. Night fishing is permitted from March 1 Refer to § 32.20 Alabama for regulations. through October 31. 3. Only the use of pole and line or rod and HARRIS NECK NATIONAL WILDLIFE REFUGE reel is permitted. A. Hunting of Migratory Game Birds. [Re- 4. The daily creel limit is 5 largemouth served] bass, 5 channel catfish, and 25 of any one, or B. Upland Game Hunting. [Reserved] combination, of bream or sunfish. Possession C. Big Game Hunting. Hunting of white- of more than the daily creel limit at any tailed deer is permitted on designated areas time is not permitted. of the refuge subject to the following condi- 5. The taking of largemouth bass smaller tion: Permits are required. than 14 inches is not permitted. D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the BLACKBEARD ISLAND NATIONAL WILDLIFE following conditions: REFUGE 1. Anglers may fish in estuarine waters A. Hunting of Migratory Game Birds. [Re- year round from sunrise to sunset daily. served] 2. Bank fishing into estuarine waters is B. Upland Game Hunting. [Reserved] permitted only from sunrise to sunset. C. Big Game Hunting. Hunting of white- 3. Anglers may use the Barbour River pub- tailed deer is permitted on designated areas lic boat ramp as public access year-round of the refuge subject to the following condi- from 4:00 a.m. to 12:00 p.m. (midnight), daily. tion: Permits are required. However, anglers may not use the Barbour D. Sport Fishing. Fishing is permitted on River public boat ramp as access from 12:01 designated areas of the refuge subject to the a.m. to 3:59 a.m. daily. following conditions: OKEFENOKEE NATIONAL WILDLIFE REFUGE 1. Anglers may fish in freshwater year- round from sunrise to sunset, except during A. Hunting of Migratory Game Birds. [Re- managed deer hunts. served] 2. Only nonmotorized boats and boats with B. Upland Game Hunting. [Reserved] electric motors are permitted. C. Big Game Hunting. We allow hunting of 3. The use of live minnows as bait is not white-tailed deer and feral hogs on des- permitted. ignated areas of the refuge subject to the fol- 4. Boats may not be left on the refuge over- lowing condition: We require permits except night. for on Cowhouse Island. We open Cowhouse Island to white-tailed deer and feral hog 5. Anglers may bank fish into estuarine hunting per Dixon Memorial State Forest waters daily from sunrise to sunset only. Regulations. BOND SWAMP NATIONAL WILDLIFE REFUGE D. Sport Fishing. We allow fishing on des- ignated areas of the refuge subject to the fol- A. Hunting of Migratory Game Birds. [Re- lowing conditions: served] 1. We do not allow the use of boats with B. Upland Game Hunting. [Reserved] motors larger than 10 horsepower. C. Big Game Hunting. We allow hunting of 2. We do not allow the use of live minnows white-tailed deer and feral hogs on des- as bait. ignated areas of the refuge subject to the fol- 3. We allow only the use of pole and line or lowing condition: We require permits. rod and reel. D. Sport Fishing. We allow fishing on des- 4. The daily creel limit is 5 largemouth ignated areas of the refuge subject to the fol- bass, 5 channel catfish, and 25 of any one, or lowing conditions: combination, of bream or sunfish. We do not
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allow the possession of more than the daily C. Big Game Hunting. Hunting of white- creel limit. tailed deer and feral hogs is permitted on 5. We do not allow the taking of designated areas of the refuge subject to the largemouth bass smaller than 14 inches (35 following condition: Permits are required. cm). D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the PIEDMONT NATIONAL WILDLIFE REFUGE following conditions: A. Hunting of Migratory Game Birds. [Re- 1. Fishing is permitted year-round except served] during refuge hunts. B. Upland Game Hunting. Hunting of quail, 2. Bank fishing into estuarine waters is squirrel and rabbit is permitted on des- permitted only from sunrise to sunset. ignated areas of the refuge subject to the fol- lowing conditions: WOLF ISLAND NATIONAL WILDLIFE REFUGE 1. Permits are required. 2. Hunting is not permitted during refuge A. Hunting of Migratory Game Birds. [Re- deer hunts. served] C. Big Game Hunting. Hunters may hunt B. Upland Game Hunting. [Reserved] white-tailed deer and turkey on designated C. Big Game Hunting. [Reserved] areas of the refuge subject to the following D. Sport Fishing. Anglers may fish in des- condition: Permits required. ignated areas of the refuge subject to the fol- D. Sport Fishing. Fishing is permitted on lowing condition: designated areas of the refuge subject to the 1. Anglers may fish year round. following conditions: 2. Fishing from boats is only permitted on 1. Fishing is permitted from May 1 through Beacon and Wolf Creeks. September 30 only from sunrise to sunset. 2. The creel limit for black bass is five. [58 FR 5064, Jan. 19, 1993, as amended at 59 3. Only the use of pole and line or rod and FR 6691, Feb. 11, 1994; 59 FR 55185, Nov. 3, reel is permitted. 1994; 62 FR 47377, Sept. 9, 1997; 63 FR 46915, 4. The use of live minnows as bait is not Sept. 3, 1998; 65 FR 30781, May 12, 2000] permitted. 5. Nonmotorized boats and boats with elec- § 32.30 Hawaii. tric motors are permitted only in Pond 2A and Allison Lake. The following refuge units have been opened for hunting and/or fishing, and SAVANNAH NATIONAL WILDLIFE REFUGE are listed in alphabetical order with A. Hunting of Migratory Game Birds. [Re- applicable refuge-specific regulations. served] B. Upland Game Hunting. We allow hunting HAKALAU FOREST NATIONAL WILDLIFE REFUGE of squirrels and feral hogs on designated A. Hunting of Migratory Game Birds. [Re- areas of the refuge subject to the following served] condition: We require permits. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of C. Big Game Hunting. Hunters may hunt white-tailed deer, turkey, and feral hogs on feral pigs and feral cattle on designated designated areas of the refuge subject to the areas of the refuge subject to the following following condition: We require permits. condition: D. Sport Fishing. We allow fishing on des- 1. You must have reservations or permits ignated areas of the refuge subject to the fol- to access the refuge. lowing conditions: 1. Anglers may fish in refuge impound- D. Sport Fishing. [Reserved] ments and canals from March 1 through No- HANALEI NATIONAL WILDLIFE REFUGE vember 30 annually. 2. Anglers may fish in Kingfisher Pond A. Hunting of Migratory Game Birds. [Re- year round. served] 3. We allow fishing from sunrise to sunset. B. Upland Game Hunting. [Reserved] 4. Anglers may bank fish year round in the C. Big Game Hunting. [Reserved] canals adjacent to the wildlife drive. D. Sport Fishing. Fishing is permitted on 5. Boats may not be left on the refuge over- designated areas of the refuge. night. 6. Anglers may only use non-motorized KAKAHAIA NATIONAL WILDLIFE REFUGE boats and boats with electric motors within impounded waters. A. Hunting of Migratory Game Birds. [Re- served] WASSAW NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- C. Big Game Hunting. [Reserved] served] D. Sport Fishing. Fishing is permitted on B. Upland Game Hunting. [Reserved] designated areas of the refuge.
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KILAUEA POINT NATIONAL WILDLIFE REFUGE 3. Waterfowl and snipe hunters may pos- sess only approved nontoxic shot while in A. Hunting of Migratory Game Birds. [Re- the field. served] 4. Nonmotorized boats and boats with elec- B. Upland Game Hunting. [Reserved] tric motors are restricted to the area bound- C. Big Game Hunting. [Reserved] ed by the water’s edge and extending to a D. Sport Fishing. Anglers may salt water point 200 yards lakeward in hunting area 1 on fish in designated areas of the refuge. the Lake Lowell sector. [58 FR 5064, Jan. 19, 1993, as amended at 59 B. Upland Game Hunting. Hunting of upland FR 6691, Feb. 11, 1994; 62 FR 47377, Sept. 9, game is permitted on designated areas of the 1997; 65 FR 30782, May 12, 2000] refuge subject to the following conditions: 1. Hunting of pheasant, quail and partridge is permitted on the Lake Lowell Sector. § 32.31 Idaho. 2. Shooting hours on the Lake Lowell sec- The following refuge units have been tor are the same as those for waterfowl hunt- opened for hunting and/or fishing, and ing. are listed in alphabetical order with 3. Hunting is not permitted on the Snake applicable refuge-specific regulations. River sector from February 1 through May 31. BEAR LAKE NATIONAL WILDLIFE REFUGE 4. Pheasant, quail, and partridge hunters may possess only approved nontoxic shot A. Hunting of Migratory Game Birds. Hunt- while in the field. ing of geese, ducks, coots and common snipe C. Big Game Hunting. Hunting of deer is is permitted on designated areas of the ref- permitted on designated areas of the refuge uge subject to the following conditions: subject to the following condition: Hunting 1. Air-thrust boats are not permitted. is permitted only on the Snake River Sector. 2. You may possess only approved nontoxic D. Sport Fishing. Fishing is permitted on shot while in the field. designated areas of the refuge subject to the B. Upland Game Hunting. We allow hunting following conditions: of partridge, grouse, and cottontail rabbits, 1. During the waterfowl hunting season, including pygmy rabbits, on designated areas fishing is permitted only within the area of the refuge subject to the following condi- bounded by the water’s edge extending to a tion: You may possess only approved point 200 yards lakeward in fishing Areas A nontoxic shot while in the field. and B on the Lake Lowell Sector. C. Big Game Hunting. [Reserved] 2. Nonmotorized boats are permitted from D. Sport Fishing. Fishing is permitted on 1⁄2 hour before sunrise to 1⁄2 hour after sunset designated areas of the refuge subject to the from October 1 through April 14, within the following condition: Boats are not permitted area bounded by the water’s edge extending in fishing areas. to a point 200 yards lakeward in front of the lower dam fishing area A, and in front of the CAMAS NATIONAL WILDLIFE REFUGE upper dam, fishing area B. 3. Motorized and nonmotorized boats are A. Hunting of Migratory Game Birds. We permitted from 1⁄2 hour before sunrise to 1⁄2 allow hunting of geese, ducks, coots, and hour after sunset from April 15 through Sep- snipe on designated areas of the refuge sub- tember 30. ject to the following condition: You may pos- 4. Shoreline fishing is not permitted on the sess only approved nontoxic shot while in islands of the Snake River Sector from Feb- the field. ruary 1 through May 31. B. Upland Game Hunting. We allow hunting of pheasant and grouse on designated areas GRAYS LAKE NATIONAL WILDLIFE REFUGE of the refuge subject to the following condi- A. Hunting of Migratory Game Birds. Hunt- tion: ing of geese, ducks and coots is permitted on You may possess only approved nontoxic designated areas of the refuge subject to the shot while in the field. following condition: Motorized boats are not C. Big Game Hunting. [Reserved] permitted. D. Sport Fishing. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] DEER FLAT NATIONAL WILDLIFE REFUGE D. Sport Fishing. [Reserved] A. Hunting of Migratory Game Birds. Hunt- ing of geese, ducks, coots, common snipe and KOOTENAI NATIONAL WILDLIFE REFUGE doves is permitted on designated areas of the A. Hunting of Migratory Game Birds. Hunt- refuge subject to the following conditions: ing of geese, ducks, and coots is permitted on 1. Only ducks and coots may be hunted on designated areas of the refuge subject to the the Lake Lowell sector. following conditions: 2. Only portable and temporary blinds con- 1. Hunting is permitted only on Tuesdays, structed of natural materials are permitted. Thursdays, Saturdays and Sundays.
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2. Hunters are limited to the use and/or D. Sport Fishing. We allow fishing on des- possession of no more than 25 shells per day. ignated areas of the refuge subject to the fol- 3. All firearms must be unloaded when in lowing conditions: the posted retrieving zone for purposes of re- 1. We allow fishing on Lake Chautauqua trieving downed birds or traveling to or from from January 15 through October 15. You the hunting area. may not fish in the Waterfowl Hunting Area B. Upland Game Hunting. We allow hunting during waterfowl hunting season. of forest grouse on designated areas of the 2. You may not leave private boats in ref- refuge subject to the following condition: uge waters overnight. You may possess only approved nontoxic 3. We restrict motorboats to ‘‘slow speed/ shot while in the field. minimum wake.’’ C. Big Game Hunting. Hunting of deer, elk, 4. The public may not enter Weis Lake on black bear, moose and mountain lion is per- the Cameron-Billsbach Unit of Chautauqua mitted on designated areas of the refuge sub- National Wildlife Refuge from October 16 ject to the following condition: Hunting is through January 14, to provide sanctuary for permitted only on that portion of the refuge migratory birds. that lies west of the West Side Road. CRAB ORCHARD NATIONAL WILDLIFE REFUGE D. Sport Fishing. Fishing is permitted only on Myrtle Creek subject to the following A. Hunting of Migratory Birds. Hunters may condition: Only bank fishing is permitted. hunt waterfowl on designated areas of the Fishing from boats, float tubes, or other per- refuge in accordance with posted regulations sonal flotation devices is prohibited. and subject to the following conditions. 1. Hunters may hunt waterfowl, by daily MINIDOKA NATIONAL WILDLIFE REFUGE permit drawing, on the controlled areas of Grassy Point, Carterville, and Greenbriar A. Hunting of Migratory Game Birds. Hunt- land areas, plus Orchard, Sawmill, Turkey, ing of geese, ducks and coots is permitted on and Grassy islands, from one-half hour be- designated areas of the refuge. fore sunrise to posted closing times each day B. Upland Game Hunting. Hunting of pheas- during the goose season. Hunters may hunt ant, partridge and cottontail rabbits, includ- waterfowl in these areas, including the lake ing pygmy rabbit, is permitted on designated shoreline, only from existing refuge blinds areas of the refuge subject to the following during the goose season. conditions: 2. Waterfowl hunters outside the controlled 1. Hunting is permitted only during the wa- goose hunting areas may use only portable terfowl season. or temporary blinds. Blinds must be a min- 2. You may possess only approved nontoxic imum of 200 yards apart and removed or dis- shot while in the field. mantled at the end of each day’s hunt. C. Big Game Hunting. [Reserved] 3. Goose hunters outside the controlled D. Sport Fishing. [Reserved] goose hunting area on Crab Orchard Lake [58 FR 5064, Jan. 19, 1993, as amended at 59 must hunt from a blind that is on shore or FR 6691, Feb. 11, 1994; 60 FR 62041, Dec. 4, anchored a minimum of 200 yards (180 m) 1995; 65 FR 30782, May 12, 2000; 65 FR 56402, away from any shoreline. Waterfowl hunters Sept. 18, 2000] may also hunt on the east shoreline in Grassy Bay. 4. You may possess only approved nontoxic § 32.32 Illinois. shot while hunting migratory game bird spe- The following refuge units have been cies. opened for hunting and/or fishing, and B. Upland Game Hunting. Hunters may hunt are listed in alphabetical order with upland game on designated areas of the ref- applicable refuge-specific regulations. uge in accordance with posted regulations and subject to the following conditions: CHAUTAUQUA NATIONAL WILDLIFE REFUGE 1. Upland game hunting prohibited in the controlled goose hunting areas during the A. Hunting of Migratory Game Birds. Hunt- goose hunting season, except furbearer hunt- ing of migratory game birds is permitted on ing permitted from sunset to sunrise. designated areas of the refuge subject to the 2. Hunters may not use rifles or handguns following conditions: with ammunition larger than .22 caliber rim 1. Hunting is permitted only in the area fire, except they may use black powder fire- outside the main dike in the Liverpool Lake arms up to and including .40 caliber. section and north of the entrance to the 3. You may possess only approved nontoxic north ditch known as Goofy Ridge Ditch. shot while hunting all permitted species ex- 2. The retrieval zone is limited to the river cept wild turkey. You may possess and use side of the main dike. lead shot for hunting wild turkey. 3. Only temporary structures or blinds con- C. Big Game Hunting. Hunters may hunt structed of native materials are permitted. white-tailed deer on designated areas of the B. Upland Game Hunting. [Reserved] refuge in accordance with posted regulations C. Big Game Hunting. [Reserved] and subject to the following conditions:
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1. Hunters must possess a special permit designated areas of the refuge subject to the issued by the Illinois Department of Natural following conditions: Resources. 1. Hunters may dove hunt on sunflower 2. We require hunters using the closed area fields only on Mondays, Wednesdays, and to check in at the refuge visitor contact sta- Saturdays starting September 1. Hunters tion prior to hunting and to comply with the may hunt only from noon to 5 pm. Hunters special rules provided to them. must sign in and out and report daily har- 3. You may not hunt deer with a firearm in vest at registration box. All hunting must be the controlled goose hunting areas. You may from field borders only. Hunters may not hunt deer in the controlled goose hunting hunt or shoot from the interior of sunflower areas with archery equipment in accordance fields or within 100 yards of roadways. Hunt- with State seasons and regulations. ers may not carry or use guns while retriev- 4. You must remove hunting stands at the ing downed doves from field interiors. end of each day’s hunt. 2. On the Bellrose Waterfowl Reserve— 5. Permitted hunters may use center fire Hunters may not hunt ducks. Hunters may ammunition for handgun deer hunting dur- hunt only geese following the closure of the ing the handgun deer season. state duck season. Hunters may hunt only on D. Sport Fishing. Anglers may fish on des- Tuesdays, Thursdays, and Sundays. Hunters ignated areas of the refuge in accordance may hunt only from sunrise to 1 pm. All with posted regulations and subject to the hunters must remove blinds and decoys, and following conditions: be off the unit by 2 pm daily. Hunters may 1. Crab Orchard Lake—west of Wolf Creek not enter the area prior to 5 am. Hunters Road—Anglers may fish from boats all year. may not hunt during special snow goose sea- Anglers must remove trotlines/jugs from sons after the closure of the regular goose sunrise until sunset from Memorial Day season. Hunters may use only temporary or through Labor Day; east of Wolf Creek Road, portable blinds; Hunters may not construct anglers may fish from boats March 15 pit blinds. No one may hunt within 100 yards through September 30. Anglers may fish all of any private property boundary. Distance between hunting parties must be at least 200 year at the Wolf Creek and Route 148 cause- yards. All hunters must sign in and out and way areas. Anglers must check and remove report daily harvest at the registration box. fish from all jugs and trotlines daily. It is il- 3. Hunters must remove boats, decoys, and legal to use stakes to anchor any trotlines; blinds from the refuge at the conclusion of anglers must tag them with their name and each days hunt. address. Anglers may use all noncommercial 4. Boats, decoys and blinds must be re- fishing methods except they may not use any moved from the refuge at the conclusion of underwater breathing apparatus. Anglers each day’s hunt. may not use jugs or trotlines with any flota- B. Upland Game Hunting. You may hunt tion device that has previously contained bob-white quail, rabbit, squirrel, raccoon, any petroleum-based materials or toxic sub- opossum, coyote, red fox, grey fox, and tur- stances. Anglers must attach a buoyed de- key (spring) on designated areas of the ref- vice that is visible on the water’s surface to uge in accordance with posted regulations all trotlines. and subject to the following conditions: 2. A–41, Bluegill, Blue Heron, Managers, 1. If we provide hunter check-in/check-out Honkers, and Visitors Ponds: Anglers may post, you must present daily harvests. fish only from sunrise to sunset March 15 2. We do not allow hunting after sunset. through September 30. Anglers may not use 3. You may possess only approved nontoxic boats or flotation devices. shot while hunting for any permitted birds 3. Anglers may not submerge any pole or except wild turkey. You may use lead shot similar object to take or locate any fish. while hunting wild turkey. 4. Organizers of all fishing events must C. Big Game Hunting. We allow hunting of possess a refuge-issued permit. white-tailed deer on designated areas of the 5. Anglers may not fish within 250 yards of refuge in accordance with posted regulations an occupied waterfowl hunting blind. and subject to the following conditions: 6. Fishermen may anchor trotlines only 1. Hunters must check in and out of the with portable weights that are removed from refuge each day of hunting. the water, along with the trotlines and jugs. 2. Hunting blinds may not be left overnight 7. We restrict motorboats to slow speeds on the refuge. leaving no wakes in Cambria Neck, and with- D. Sport Fishing. [Reserved] in 150 feet (45 m) of any shoreline, swimming area, marina entrance, boat ramp, or cause- EMIQUON NATIONAL WILDLIFE REFUGE way tunnel on Crab Orchard, Little Grassy, A. Hunting of Migratory Game Birds. Hunt- or Devils Kitchen Lakes. ers may hunt migratory game birds on des- ignated areas of the refuge subject to posted CYPRESS CREEK NATIONAL WILDLIFE REFUGE conditions. A. Hunting of Migratory Game Birds. Hunt- 1. Only temporary structures or blinds con- ing of migratory game birds is permitted on structed of native materials are permitted.
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2. Hunters must remove boats, decoys, and designated areas of the refuge subject to the portable blinds at the end of each day’s hunt. following conditions: B. Upland Game Hunting. Hunters may hunt 1. You may not hunt migratory birds on upland game on designated areas of the ref- refuge-closed areas posted ‘‘Area Closed,’’ on uge subject to posted conditions. the Goose Island ‘‘No Hunting’’ zone in Pool C. Big Game Hunting. Hunters may hunt big 8, on the Upper Halfway Creek Marsh ‘‘No game on designated areas of the refuge sub- Hunting’’ zone in Pool 7, or on the Frog Pond ject to posted conditions. area ‘‘No Hunting’’ zone in Pool 13. 1. Hunters must remove hunting stands at 2. We require permits for Potters Marsh in the end of each day’s hunt. Pool 13 except during the early teal season. D. Sport Fishing. Fishermen may sport fish 3. You may possess only approved nontoxic in designated waters of the refuge subject to shot while in the field. the following conditions: 4. On Pools 4 through 11, you may not place 1. Fishermen may sport fish in all refuge or leave decoys on the refuge during the time waters during daylight hours from January from 1⁄2 hour after the close of legal shooting 15, through October 15. hours, until 1 hour before the start of legal 2. Private boats may not be left in refuge shooting hours. waters overnight. 5. This condition applies to Pools 4 through 3. Fishermen must restrict motorboats to 11 only. We prohibit construction of perma- slow speed/minimum wake. nent hunting blinds using manmade mate- 4. Anglers may not sportfish in areas open rials. At the end of each day’s hunt, you to hunting during hunting seasons. must remove all manmade blind materials you brought onto the refuge. Any blinds con- MARK TWAIN NATIONAL WILDLIFE REFUGE taining manmade materials left on the ref- A. Hunting of Migratory Game Birds. Hunt- uge are subject to immediate removal and ers may hunt migratory game birds on des- disposal. Manmade materials include, but are not limited to: wooden pallets, lumber, ignated areas of the refuge subject to posted railroad ties, fence posts (wooden or metal), regulations. wire, nails, staples, netting, or tarps. We B. Upland Game Hunting. Hunters may hunt allow you to leave only seasonal blinds, upland game on designated areas of the ref- made entirely of natural vegetation and bio- uge subject to posted regulations. degradable twines, on the refuge. We con- 1. You may possess only approved nontoxic sider all such blinds public property and shot while hunting all permitted birds, ex- open to use by any person on a first-come cept wild turkeys. You may possess and use basis. We allow you to gather only willow, lead shot for hunting wild turkey. grasses, marsh vegetation, and dead wood on C. Big Game Hunting. Hunters may hunt the ground from the refuge for blind-building white-tailed deer on designated areas of the materials. We prohibit cutting or removing refuge subject to posted regulations. any other refuge trees or vegetation. D. Sport Fishing. Fishermen may fish on B. Upland Game Hunting. We allow hunting designated areas of the refuge subject to of upland game on designated areas of the posted regulations. refuge subject to the following conditions: MEREDOSIA NATIONAL WILDLIFE REFUGE 1. Hunters may not hunt or possess fire- arms between March 15 and the opening of A. Hunting of Migratory Game Birds. [Re- the State fall hunting seasons except that served] hunters may hunt wild turkeys during the B. Upland Game Hunting. [Reserved] State spring turkey season. C. Big Game Hunting. [Reserved] 2. Hunters may hunt on refuge areas posted D. Sport Fishing. Fishing is permitted on as ‘‘Area Closed’’ beginning the day after the designated areas of the Meredosia National close of the applicable State duck hunting Wildlife Refuge subject to the following con- season until season closure or March 15, ditions: whichever occurs first, except that hunters 1. Fishermen may sport fish on all refuge may hunt wild turkey during the State waters during daylight hours from January spring wild turkey season. 15 through October 15. 3. You may not hunt at any time on the 2. From October 16 through January 14, Goose Island ‘‘No Hunting’’ zone in Pool 8, fishermen may fish south of Carver Lake by on the Upper Halfway Creek Marsh ‘‘No foot access only. Hunting’’ zone in Pool 7, or on the Frog Pond 3. Private boats may not be left in refuge ‘‘No Hunting’’ zone in Pool 13. waters overnight. 4. Shotgun hunters may possess only ap- 4. Motorboats must not exceed ‘‘slow speed/ proved nontoxic shot when hunting for any minimum wake.’’ permitted birds or other small game, except wild turkey. We still allow possession of lead UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE shot for hunting wild turkey. AND FISH REFUGE 5. You may use lights and dogs to hunt rac- A. Hunting of Migratory Game Birds. We coons, and other specifically authorized allow hunting of migratory game birds on small mammals, in accordance with State
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regulations. We allow such use of lights on of the refuge subject to the following condi- the refuge at the point of kill only. We pro- tions: hibit all other uses of lights for hunting on 1. Permits are required during the second the refuge. State muzzleloader season. Archery hunting C. Big Game Hunting. We allow hunting of is permitted following the second muzzle- white-tailed deer on designated areas of the loader season. refuge subject to the following conditions: 2. Only bow and arrow and muzzleloaders 1. Hunters may only hunt until season clo- are permitted. sure or March 15, whichever date occurs 3. The construction and use of permanent first. blinds, platforms or ladders is not permitted. 2. Hunters may hunt on refuge areas posted 4. No discharge of firearms is permitted ‘‘Area Closed’’ beginning the day after the close of the applicable State duck hunting within 100 yards of an occupied dwelling season until season closure or March 15, 5. Non-hunters must stay in vehicles when whichever date occurs first. entering the hunt area during the second 3. You may not hunt at any time on the State deer muzzleloader season. Goose Island ‘‘No Hunting’’ zone in Pool 8, D. Sport Fishing. Fishing is permitted on on the Upper Halfway Creek Marsh ‘‘No designated areas of the refuge subject to the Hunting’’ zone in Pool 7, or on the Frog Pond following conditions: ‘‘No Hunting’’ zone in Pool 13. 1. You may fish from the bank and from 4. We do not allow construction or use of nonmotorized boats on Stanfield Lake from permanent blinds, platforms, or ladders. May 15 through October 15. You may not 5. You must remove all stands from the boat at other times. Stanfield Lake is open refuge at the end of each day’s hunt. to ice fishing when ice conditions permit. D. Sport Fishing. We allow fishing on des- 2. Only fishing with rod and reel or pole ignated areas of the refuge subject to the fol- and line is permitted. lowing conditions: 3. Ice fishing is permitted only when indi- 1. We do not allow fishing on the Spring cated by refuge signs. Lake Closed Area, Carroll County, Illinois 4. The minimum size limit for large-mouth from October 1 through the last day of the Il- black bass taken from refuge waters is 14 linois waterfowl season. 2. We allow only hand-powered boats or inches. boats with electric motors on Mertes’ Slough 5. Fishing is permitted during daylight in Buffalo County, Wisconsin. hours only. 6. Frogs and turtles may be taken by hook [58 FR 5064, Jan. 19, 1993, as amended at 58 and line during daylight hours from areas FR 29074, May 18, 1993; 59 FR 6685, 6692, Feb. open to fishing. 11, 1994; 59 FR 55185, Nov. 3, 1994; 60 FR 62041, Dec. 4, 1995; 61 FR 45366, Aug. 29, 1996; 61 FR PATOKA RIVER NATIONAL WILDLIFE REFUGE 46394, Sept. 3, 1996; 62 FR 47378, Sept. 9, 1997; AND MANAGEMENT AREA 63 FR 46916, Sept. 3, 1998; 65 FR 30782, May 12, 2000; 65 FR 56402, Sept. 18, 2000] A. Hunting of Migratory Game Birds. Hunt- ers may hunt migratory game birds on des- § 32.33 Indiana. ignated areas of the refuge subject to posted The following refuge units have been regulations. B. Upland Game Hunting. Hunters may hunt opened for hunting and/or fishing, and upland game on designated areas of the ref- are listed in alphabetical order with uge subject to posted regulations. applicable refuge-specific regulations. C. Big Game Hunting. Hunters may hunt big game on designated areas of the refuge sub- MUSCATATUCK NATIONAL WILDLIFE REFUGE ject to posted regulations. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Fishermen may fish in served] designated waters of the refuge subject to B. Upland Game Hunting. Hunting of quail posted regulations. and rabbit is permitted on designated areas of the refuge subject to the following condi- [58 FR 5064, Jan. 19, 1993, as amended at 58 tion: FR 29074, May 18, 1993; 59 FR 55186, Nov. 3, 1. No discharge of firearms is permitted 1994; 61 FR 45366, Aug. 29, 1996; 65 FR 56402, within 100 yards of an occupied dwelling. Sept. 18, 2000] 2. Hunting is permitted only from sunrise to sunset. § 32.34 Iowa. 3. Hunting is prohibited from the beginning of the second State muzzleloader deer season The following refuge units have been through the end of the year. opened for hunting and/or fishing, and C. Big Game Hunting. Hunting of white- are listed in alphabetical order with tailed deer is permitted on designated areas applicable refuge-specific regulations.
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DE SOTO NATIONAL WILDLIFE REFUGE MARK TWAIN NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. Hunt- Refer to § 32.32 Illinois for regulations. ing of migratory game birds is permitted only as posted. NEAL SMITH NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. Hunting of deer is A. Hunting of Migratory Game Birds. [Re- permitted on designated areas of the refuge served] subject to the following conditions: B. Upland Game Hunting. Hunters may hunt 1. Permits are required. ringnecked pheasants, bobwhite quail, cot- 2. Hunters must not construct or use per- tontail rabbits, and squirrels on designated manent blinds, platforms or ladders at any areas of the refuge subject to the following time. conditions: 3. Hunters must remove all hunting stands 1. All hunting stands must be removed from the refuge by the close of the season. from the refuge at the end of each day’s D. Sport Fishing. Fishing is permitted in hunt. DeSoto Lake subject to the following condi- 2. Hunters may hunt from the opening of tions: State season until closed on the dates posted 1. Ice fishing is permitted from January 1 by the refuge manager. through the end of February when conditions are safe. 3. All hunters must wear one or more of 2. Motor- or wind-driven conveyances are the following articles of visible, external, not permitted on the lake from January 1 solid blaze orange clothing: a vest, coat, through the end of February. jacket, sweatshirt, sweater, shirt or cover- 3. The use of portable ice fishing shelters is alls. permitted on a daily basis from January 1 C. Big Game Hunting. Hunting of white- through the end of February. tailed deer is permitted on designated areas 4. Only the use of pole and line, or rod and of the refuge subject to the following condi- reel, is permitted from April 15 through Oc- tion: All hunting stands must be removed tober 14 with the exception that archery and from the refuge at the end of each day’s spear fishing are permitted only for nongame hunt. fish from April 15 to October 14. D. Sport Fishing. [Reserved] 5. Fishing with more than two lines or with more than two hooks on each line is not per- UNION SLOUGH NATIONAL WILDLIFE REFUGE mitted. 6. The use of trotlines and float lines is not A. Hunting of Migratory Game Birds. Hunt- permitted. ing of migratory game birds is permitted on 7. Minimum length and creel limits are re- designated areas of the refuge subject to the quired as posted. following condition: State regulations re- garding the use of decoys, and governing the DRIFTLESS AREA NATIONAL WILDLIFE REFUGE construction and use of blinds on game man- A. Hunting of Migratory Game Birds. [Re- agement areas, shall apply. served] B. Upland Game Hunting. You may hunt up- B. Upland Game Hunting. Hunting of upland land game in designated areas of the refuge game is permitted on designated areas of the subject to the following condition: You may refuge subject to the following condition: possess only approved nontoxic shot while Hunting is permitted only between Novem- hunting upland game, except wild turkey. ber 1 and the close of State established sea- You may possess and use lead shot for wild sons, or January 15, whichever comes first. turkey hunting. C. Big Game Hunting. Hunting of white- C. Big Game Hunting. Hunting of white- tailed deer is permitted on designated areas tailed deer is permitted on designated areas of the refuge subject to the following condi- of the refuge subject to the following condi- tions: tions: 1. Hunting is permitted only between No- vember 1 and the close of State established 1. The construction or use of permanent seasons, or January 15, whichever comes blinds, stands or ladders is prohibited. first. 2. Hunters must remove all hunting stands 2. Hunting is restricted to archery and from the refuge at the end of each day’s muzzleloader use only. hunt. 3. Construction or use of permanent blinds, D. Sport Fishing. Fishing is permitted on platforms or ladders is not permitted. designated areas of the refuge subject to the 4. All stands must be removed from the ref- following conditions: uge at the end of the day’s hunt. 1. Fishing is permitted from March 1 5. Hunting in areas posted ‘‘Closed Area’’ is through November 15. strictly prohibited. 2. The use of boats, canoes or other float- D. Sport Fishing. Fishing is permitted on ing devices is not permitted. designated areas of the refuge.
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UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE 1. Anglers may fish in accordance with the AND FISH REFUGE Kirwin National Wildlife Refuge Visitor’s Map and Guide. Refer to § 32.32 Illinois for regulations. 2. Anglers may not use motorized vehicles [58 FR 5064, Jan. 19, 1993, as amended at 58 on the ice. FR 29084, May 18, 1993; 59 FR 6685, 6692, Feb. 11, 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 62042, MARAIS DES CYGNES NATIONAL WILDLIFE Dec. 4, 1995; 61 FR 46395, Sept. 3, 1996; 63 FR REFUGE 46916, Sept. 3, 1998; 65 FR 30783, May 12, 2000; 65 FR 56402, Sept. 18, 2000] A. Hunting of Migratory Game Birds. [Re- served] § 32.35 Kansas. B. Upland Game Hunting. Hunters may hunt upland game on designated areas of the ref- The following refuge units have been uge consistent with State regulations, and opened for hunting and/or fishing, and subject to refuge-specific regulations as are listed in alphabetical order with posted. applicable refuge-specific regulations. C. Big Game Hunting. Hunters may hunt big game on designated areas of the refuge con- FLINT HILLS NATIONAL WILDLIFE REFUGE sistent with State regulations, and subject A. Hunting of Migratory Game Birds. Hunt- to refuge-specific regulations as posted. ing of geese, ducks, coots, mourning doves D. Sport Fishing. Anglers may sportfish in and snipe is permitted on designated areas of accordance with State law and refuge-spe- the refuge subject to the following condition: cific restrictions as posted. Waterfowl and coot hunters shall possess and use, while in the field, only non-toxic shot. QUIVIRA NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. Hunting of upland A. Hunting of Migratory Game Birds. We game is permitted on designated areas of the allow hunting of geese, ducks, coots, rails refuge subject to the following conditions: (Virginia and Sora only), mourning doves, 1. Dogs may not be used for hunting and common snipe on designated areas of the furbearing animals or non-game animals. refuge subject to the following condition: We 2. You may possess only approved nontoxic require approved nontoxic shot when hunt- shot or rimfire firearms while in the field. ing any game on the refuge. We prohibit the C. Big Game Hunting. Hunting of big game possession of lead shot in the field. is permitted on designated areas of the ref- B. Upland Game Hunting. Hunting of pheas- uge subject to the following conditions: ant, bobwhite quail, squirrel, and rabbit is 1. Only shotguns, muzzleloading firearms, permitted on designated areas of the refuge or bow and arrow are permitted except dur- ing controlled hunts. subject to the following conditions: D. Sport Fishing. Anglers may sportfish on 1. The refuge is closed to all hunting from designated portions of the refuge subject to March 1 through August 31. State regulations and any refuge specific 2. Squirrels and rabbits may only be hunt- regulations as listed in the refuge brochure. ed during the portion of the Kansas seasons that fall outside the March 1 through August KIRWIN NATIONAL WILDLIFE REFUGE 31 closed period. A. Hunting of Migratory Game Birds. We C. Big Game Hunting. [Reserved] allow hunting of geese, ducks, coots, mourn- D. Sport Fishing. Anglers may sportfish on ing doves, and snipe on designated areas of designated portions of the refuge subject to the refuge subject to the following condition: State regulations and any refuge specific Waterfowl and coot hunters may possess regulations as listed in the refuge brochure. only approved nontoxic shot while in the [58 FR 5064, Jan. 19, 1993, as amended at 60 field. FR 62042, Dec. 4, 1995; 62 FR 47378, Sept. 9, B. Upland Game Hunting. Hunting of pheas- 1997; 63 FR 46916, Sept. 3, 1998; 65 FR 30783, ant, quail, prairie chicken, squirrel and rab- May 12, 2000] bit is permitted on designated areas of the refuge subject to the following condition: Hunting of rabbits and squirrels is permitted § 32.36 Kentucky. only during that portion of the State ‘‘small The following refuge units have been game season’’ that occurs during the State opened for hunting and/or fishing, and ‘‘upland game season.’’ are listed in alphabetical order with C. Big Game Hunting. Hunting of deer and turkey is permitted on designated areas of applicable refuge-specific regulations. the refuge subject to the following condition: OHIO RIVER ISLANDS NATIONAL WILDLIFE Only archery hunting of deer is permitted. REFUGE D. Sport Fishing. Anglers may sportfish on designated areas of the refuge subject to the Refer to § 32.68 West Virginia for regula- following conditions: tions.
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REELFOOT NATIONAL WILDLIFE REFUGE D. Sport Fishing. We allow finfishing and shellfishing year round in accordance with A. Hunting of Migratory Game Birds. [Re- Sherburne Wildlife Management Area regu- served] lations: B. Upland Game Hunting. Hunting of squir- 1. We require refuge permits for commer- rels and raccoons is permitted on designated cial shellfishing. areas of the refuge subject to the following condition: Permits are required. 2. For the Indian Bayou Area, we require an Army Corps of Engineer permit for com- C. Big Game Hunting. Hunting of white- tailed deer and turkey is permitted on des- mercial shellfishing. ignated areas of the refuge subject to the fol- BAYOU COCODRIE NATIONAL WILDLIFE REFUGE lowing condition: Permits are required. D. Sport Fishing. Fishing is permitted on A. Hunting of Migratory Game Birds. Hunt- designated areas of the refuge subject to the ers may hunt woodcock and snipe on des- following conditions: ignated areas of the refuge subject to the fol- 1. Fishing is permitted on the Long Point lowing condition: Hunters must possess a Unit (north of Upper Blue Basin) from March refuge permit. 15 through November 15 and on the Grassy B. Upland Game Hunting. We allow hunting Island Unit (south of the Upper Blue Basin) of squirrels, rabbit, raccoon, and coyote on from February 1 through November 15. designated areas of the refuge subject to the 2. Fishing is permitted only from sunrise following condition: We require refuge per- to sunset. mits. 3. Anglers may not enter the refuge, or use C. Big Game Hunting. We allow hunting of airboats, hovercraft, or jet skis (personal white-tailed deer on designated areas of the water-craft) on any waters within the refuge refuge subject to the following condition: We boundary. require refuge permits. D. Sport Fishing. We allow fishing on des- [58 FR 5064, Jan. 19, 1993, as amended at 60 ignated areas of the refuge subject to the fol- FR 62042, Dec. 4, 1995; 61 FR 31461, June 20, lowing conditions: 1996; 61 FR 46395, Sept. 3, 1996; 63 FR 46916, 1. Each boat/vehicle entering the refuge Sept. 3, 1998; 65 FR 30783, May 12, 2000] must possess an entrance pass. § 32.37 Louisiana. 2. We allow fishing during daylight hours only. The following refuge units have been 3. We allow fishing on the Cross Bayou Cut opened for hunting and/or fishing, and and all tributaries that fill with water from are listed in alphabetical order with Cocodrie Bayou during high water stages. applicable refuge-specific regulations. 4. We prohibit camping. 5. We allow only cotton limb lines. ATCHAFALAYA NATIONAL WILDLIFE REFUGE 6. You may not use trotlines, slat traps, or nets while fishing. A. Hunting of Migratory Game Birds. We allow hunting of geese, ducks, coots, snipe, BAYOU SAUVAGE NATIONAL WILDLIFE REFUGE and woodcock on designated areas of the ref- uge subject to the following conditions: A. Hunting of Migratory Game Birds. [Re- 1. Hunting must be in accordance with served] Sherburne Wildlife Management Area regu- B. Upland Game Hunting. [Reserved] lations. C. Big Game Hunting. [Reserved] 2. For the Indian Bayou Area, we require D. Sport Fishing. Finfishing and an Army Corps of Engineer permit. shellfishing are permitted on designated B. Upland Game Hunting. We allow hunting areas of the refuge subject to the following of squirrel, rabbit, raccoon, opossum, nutria, conditions: muskrat, mink, fox, bobcat, beaver, and 1. Fishing is permitted during daylight otter on designated areas of the refuge sub- hours only. ject to the following conditions: 2. Sport fishing and shellfishing are per- 1. Hunting must be in accordance with mitted year round on all refuge lands south Sherburne Wildlife Management Area regu- of the Intracoastal Waterway; from the lations. banks of U.S. Highway 11; and within the 2. For the Indian Bayou Area, we require banks of the borrow canal and borrow pits an Army Corps of Engineer permit. between U.S. Highway 11 and Interstate 10. C. Big Game Hunting. We allow hunting of 3. Only sport fishing with hand-held rod deer and turkey on designated areas of the and reel or hand-held rod and line is per- refuge subject to the following conditions: mitted. Gait shrimp may be taken with cast 1. Hunting must be in accordance with nets 8 feet in diameter or less. Crawfish and Sherburne Wildlife Management Area regu- crabs can be taken (up to 100 pounds per per- lations. son) with wire nets up to 20 inches in diame- 2. For the Indian Bayou Area, we require ter. All fishing, crabbing and crawfishing an Army Corps of Engineer permit. equipment must be attended at all times.
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4. The use of trotlines, limblines, slat ject to the following condition: Permits are traps, gar sets, nets or alligator lines is pro- required. hibited on the refuge. C. Big Game Hunting. Hunting of white- 5. Only outboard motors 25 horsepower or tailed deer, turkey and feral hogs is per- less are permitted in waterways inside the mitted on designated areas of the refuge sub- hurricane protection levee. ject to the following condition: Permits are 6. Airboats, aircraft, motorized pirogues required. and go-devils are prohibited in refuge waters. D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the BIG BRANCH MARSH NATIONAL WILDLIFE following conditions: REFUGE 1. Fishing is permitted year-round. 2. Camping is permitted in designated A. Hunting of Migratory Game Birds. Hunt- areas only. ers may hunt ducks, coots, and snow geese 3. Only cotton limb lines are permitted. on designated areas of the refuge subject to the following conditions: BRETON NATIONAL WILDLIFE REFUGE 1. Hunters must possess a refuge permit. B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- C. Big Game Hunting. Hunters may hunt served] white-tailed deer on designated areas of the B. Upland Game Hunting. [Reserved] refuge subject to the following conditions: C. Big Game Hunting. [Reserved] 1. Hunters must possess a refuge permit. D. Sport Fishing. Anglers may fish and crab D. Sport Fishing. Fishermen may fish in on designated areas of the refuge subject to designated waters of the refuge subject to the following conditions: the following conditions: 1. Anglers may fish year-round. 2. Crabbers must tend crabbing equipment 1. Fishermen may fish during daylight at all times. hours only. 3. Anglers may not use trotlines, slat 2. Fishermen must only use rods and reel traps, or nets. or pole and lines while fishing. 3. Fishermen must not use trotlines, slat CAMERON PRAIRIE NATIONAL WILDLIFE traps or nets while fishing. REFUGE 4. Fishermen must not use boats with mo- tors larger than 25 horsepower. A. Hunting of Migratory Game Birds. We 5. Fishermen must not use air-thrust allow hunting of migratory game birds in boats, motorized pirogues, go-devils, or mud designated areas of the refuge subject to the boats in refuge waters. following conditions: 1. We require refuge permits. BLACK BAYOU LAKE NATIONAL WILDLIFE 2. Any person entering, using, or occupying REFUGE the refuge for hunting must abide by all terms and conditions in the appropriate ref- A. Hunting of Migratory Game Birds. [Re- uge brochure. served] B. Upland Game Hunting. We allow upland B. Upland Game Hunting. [Reserved] game hunting in designated areas of the ref- C. Big Game Hunting. [Reserved] uge subject to the following conditions: D. Sport Fishing. Anglers may fish on des- 1. We require refuge permits. ignated areas of the refuge subject to the fol- 2. Any person entering, using, or occupying lowing conditions: the refuge for hunting must abide by all 1. Anglers may fish from sunrise to sunset. terms and conditions in the appropriate ref- 2. Anglers may not leave boats or other uge brochure. personal equipment on the refuge overnight. C. Big Game Hunting. We allow hunting of Anglers may launch boats only at designated white-tailed deer in designated areas of the sites. Anglers may not use boat motors refuge subject to the following conditions: greater that 50 horsepower. 1. We require refuge permits. 3. Anglers may not use trotlines, limb 2. Any person entering, using, or occupying lines, yo-yos, traps or nets. the refuge for hunting must abide by all 4. Anglers may not take frogs, turtles and terms and conditions in the appropriate ref- mollusks. uge brochure. D. Sport Fishing. We allow sport fishing in BOGUE CHITTO NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the A. Hunting of Migratory Game Birds. Hunt- following condition: Any person entering, ing of ducks, geese, coots, and woodcock is using, or occupying the refuge for fishing permitted on designated areas of the refuge must abide by all terms and conditions in subject to the following condition: Permits the appropriate refuge brochure. are required. CATAHOULA NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. Hunting of squir- rel, rabbit, raccoon and opossum is per- A. Hunting of Migratory Game Birds. [Re- mitted on designated areas of the refuge sub- served]
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B. Upland Game Hunting. We allow hunting D. Sport Fishing. Fishing and crabbing are of raccoon, squirrel, rabbit, and feral hogs on permitted on designated areas of the refuge designated areas of the refuge subject to the subject to the following conditions: following condition: We require permits. 1. Recreational fishing and crabbing are C. Big Game Hunting. We allow hunting of permitted only from sunrise to sunset. white-tailed deer and feral hogs on des- 2. The use of trotlines, limblines, slat ignated areas of the refuge subject to the fol- traps, gar sets, nets or alligator lines is pro- lowing condition: We require permits. hibited. D. Sport Fishing. We allow fishing on des- 3. Camping is permitted year-round on des- ignated areas of the refuge subject to the fol- ignated areas only. lowing conditions: GRAND COTE NATIONAL WILDLIFE REFUGE 1. We allow fishing from 1 hour before sun- rise until 1⁄2 hour after sunset. We allow only A. Hunting of Migratory Game Birds. [Re- pole and line or rod and reel fishing. We pro- served] hibit snagging. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] 2. We allow boat launching on all refuge D. Sport Fishing. Fishermen may fish and waters as designated in the refuge brochure. take crawfish in designated waters of the ref- We allow only nonmotorized boats or boats uge subject to the following conditions. with motors of 10 horsepower or less. You 1. Fishermen must have refuge permits to may not leave boats on the refuge overnight. take crawfish. 3. Cowpen Bayou and the HWY 28 borrow 2. Any person entering, using, or occupying pits open to fishing all year. the refuge for fishing or crawfishing must 4. All other refuge waters, including Duck abide by all terms and conditions in the ref- Lake, Muddy Bayou, ditches, all outlet wa- uge fishing brochure. ters, and all flooded woodlands are open to fishing and boating from March 1 through LACASSINE NATIONAL WILDLIFE REFUGE October 31. A. Hunting of Migratory Game Birds. We D’ARBONNE NATIONAL WILDLIFE REFUGE allow hunting of geese, duck, gallinules, and coots on designated areas of the refuge sub- A. Hunting of Migratory Game Birds. We ject to the following conditions: allow hunting of ducks, geese, coots, and 1. Permits are required. woodcock on designated areas of the refuge 2. Any person entering, using, or occupying subject to the following condition: We re- the refuge for waterfowl hunting must abide quire permits. by all the terms and conditions in the refuge B. Upland Game Hunting. We allow hunting hunting brochure. of quail, squirrel, rabbit, raccoon, and opos- B. Upland Game Hunting. [Reserved] sum on designated areas of the refuge sub- C. Big Game Hunting. Hunting of white- ject to the following condition: We require tailed deer is permitted on designated areas permits. of the refuge subject to the following condi- C. Big Game Hunting. We allow hunting of tions: white-tailed deer on designated areas of the 1. Permits are required. refuge subject to the following condition: We 2. Any person entering, using, or occupying require permits. the refuge for hunt must abide by all terms D. Sport Fishing. We allow fishing on des- and conditions in the refuge hunting bro- ignated areas of the refuge subject to the fol- chure. lowing conditions: D. Sport Fishing. Fishing and crayfishing 1. The ends of trotlines must consist of a are permitted on designated areas of the ref- length of cotton line that extends from the uge subject to the following condition: Any points of attachment into the water. person entering, using, or occupying the ref- uge for fishing or crayfishing must abide by 2. We allow only cotton limb lines. all terms and conditions in the refuge fishing brochure. DELTA NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. Hunt- LAKE OPHELIA NATIONAL WILDLIFE REFUGE ing of migratory game birds is permitted on A. Hunting of Migratory Game Birds. You designated areas of the refuge subject to the may hunt duck, coots, woodcock, and snipe following condition: Permits are required. on designated areas of the refuge subject to B. Upland Game Hunting. Hunting of rabbit the following conditions: is permitted on designated areas of the ref- 1. We require permits. uge subject to the following condition: Per- 2. Any person entering, using, or occupying mits are required. the refuge for hunting must abide by all C. Big Game Hunting. Hunting of white- terms and conditions in the refuge hunting tailed deer is permitted on designated areas brochure. of the refuge subject to the following condi- B. Upland Game Hunting. We allow hunting tion: Permits are required. of squirrel, rabbit, and raccoon on designated
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areas of the refuge subject to the following TENSAS RIVER NATIONAL WILDLIFE REFUGE conditions: 1. We require permits. A. Hunting of Migratory Game Birds. Hunt- 2. Any person entering, using, or occupying ing of ducks, coots, woodcock and snipe is the refuge for hunting must abide by all permitted on designated areas of the refuge terms and conditions in the refuge hunting subject to the following condition: Permits brochure. are required. C. Big Game Hunting. We allow hunting of B. Upland Game Hunting. Hunting of squir- white-tailed deer and turkey on designated rel, rabbit and raccoon is permitted on des- areas of the refuge subject to the following ignated areas of the refuge subject to the fol- conditions: lowing condition: Permits are required. 1. We require permits. C. Big Game Hunting. Hunting of white- 2. Any person entering, using, or occupying tailed deer and turkey is permitted on des- the refuge for hunting must abide by all ignated areas of the refuge subject to the fol- terms and conditions in the refuge hunting lowing condition: Permits are required. brochure. D. Sport Fishing. Sport fishing is permitted D. Sport Fishing. We allow fishing in des- on designated areas of the refuge subject to ignated areas of the refuge subject to the fol- the following condition: Permits are re- lowing conditions: quired. 1. We require permits. 2. Any person entering, using, or occupying UPPER OUACHITA NATIONAL WILDLIFE REFUGE the refuge for fishing must abide by all terms and conditions in the refuge fishing A. Hunting of Migratory Game Birds. We brochure. allow hunting of ducks, geese, coots, and woodcock on designated areas of the refuge MANDALAY NATIONAL WILDLIFE REFUGE subject to the following condition: We re- quire permits. A. Hunting of Migratory Game Birds. We B. Upland Game Hunting. We allow hunting allow hunting of migratory game birds in of quail, squirrel, rabbit, raccoon, opossum, designated areas of the refuge subject to the beaver, and coyotes on designated areas of following condition: Any person entering, using, or occupying the refuge for hunting the refuge subject to the following condition: must abide by all terms and conditions in We require permits. the refuge hunting brochure. C. Big Game Hunting. We allow hunting of B. Upland Game Hunting. [Reserved]. white-tailed deer and feral hogs on des- C. Big Game Hunting. We allow hunting of ignated areas of the refuge subject to the fol- white-tailed deer and feral hogs on des- lowing condition: We require permits. ignated areas of the refuge subject to the fol- D. Sport Fishing. We allow fishing on des- lowing condition: Any person entering, ignated areas of the refuge subject to the fol- using, or occupying the refuge for hunting lowing conditions: must abide by all terms and conditions in 1. The ends of trotlines must consist of a the refuge hunting brochure. length of cotton line that extends from the D. Sport Fishing. We allow fishing on des- points of attachment into the water. ignated areas of the refuge subject to the fol- 2. We allow only cotton limb lines. lowing condition: Any person entering, using, or occupying the refuge for fishing [58 FR 5064, Jan. 19, 1993, as amended at 58 must abide by all terms and conditions in FR 29074, May 18, 1993; 59 FR 6692, Feb. 11, the refuge fishing brochure. 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 5277, Jan. 26, 1995; 60 FR 62042, Dec. 4, 1995; 61 FR 45367, SABINE NATIONAL WILDLIFE REFUGE Aug. 29, 1996; 61 FR 46395, Sept. 3, 1996; 62 FR 47378, Sept. 9, 1997; 63 FR 46916, Sept. 3, 1998; A. Hunting of Migratory Game Birds. We 65 FR 30783, May 12, 2000; 65 FR 56402, Sept. allow hunting of geese, ducks, and coots on 18, 2000] designated areas of the refuge subject to the following conditions: EDITORIAL NOTE: At 65 FR 56402, Sept. 18, 1. We require refuge hunting permits. 2000, § 32.37 was amended by removing para- 2. Any person entering, using or occupying graphs D.3. and D.4. of Grand Cote National the refuge must abide by all the terms and Wildlife Refuge. However, the amendment conditions set forth in the hunting permit. could not be incorporated because these B. Upland Game Hunting. [Reserved] paragraphs had already been removed at 65 C. Big Game Hunting. [Reserved] FR 30783, May 12, 2000. D. Sport Fishing. We allow fishing, crab- bing, and shrimp cast netting on designated § 32.38 Maine. areas of the refuge subject to the following condition: Any person entering, using, or oc- The following refuge units have been cupying the refuge must abide by all terms opened to hunting and/or fishing, and and conditions set forth in the refuge fishing are listed in alphabetical order with brochure. applicable refuge-specific regulations.
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LAKE UMBAGOG NATIONAL WILDLIFE REFUGE (2,600 cm2) of solid-colored hunter orange clothing or material. A. Hunting of Migratory Game Birds. We 12. You must unload all firearms outside of allow hunting of ducks, geese, common legal State hunting hours. snipe, sora, Virginia rail, common moorhen, 13. We prohibit the use of all-terrain vehi- and woodcock on designated areas of the ref- cles (ATV’s). uge subject to the following conditions: 14. The refuge will be open to hunting dur- 1. You may possess only approved nontoxic ing the hours stipulated under Maine hunt- shot while in the field. ing regulations, but no longer than from 1⁄2 2. Designated permanent blinds will be hour before legal sunrise to 1⁄2 hour after available by reservation. We allow no other legal sunset. permanent blinds. You must remove your C. Big Game Hunting. We allow hunting of temporary blinds, boats, and decoys from the white-tailed deer, moose, black bear, and refuge following each day’s hunt. wild turkey on designated areas of the refuge 3. You must wear in a conspicuous manner subject to the following conditions: on the outermost layer of the head, chest, 1. We allow bear hunting with dogs from and back, a minimum of 400 square inches October 20 to October 29. (2,600 cm2) of solid-colored hunter orange 2. You must equip dogs used to hunt bear clothing or material, except when hunting with operational radiotelemetry collars. You ducks or geese. must be in possession of a working 4. We allow pre-hunt scouting, however, we radiotelemetry receiver that can detect and will not allow dogs during pre-hunt scouts. track the frequency(ies) emitted by each 5. We prohibit dog training. radio collar used. 6. You must unload all firearms outside of 3. We allow a maximum of four dogs per legal State hunting hours. hunter. 7. We prohibit the use of all-terrain vehi- 4. Dogs may only be on the refuge when the cles (ATV’s). hunter is present. 8. The Refuge will be open to hunting dur- 5. You must take the first bear you tree, ing the hours stipulated under Maine hunt- except in the case of cubs or a sow with cubs. 6. You must report where you took the ing regulations, but no longer than from 1⁄2 bear to the State of Maine. hour before legal sunrise to 1⁄2 hour after 7. We allow pre-hunt scouting, however, we legal sunset. will not allow dogs during pre-hunt scouts. B. Upland Game Hunting. We allow hunting 8. We prohibit dog training. of coyote, fox, raccoon, woodchuck, red 9. You may use only portable tree stands, squirrel, eastern gray squirrel, porcupine, and you must remove them from the refuge skunk, American crow, showshoe hare, ring- each day. necked pheasant, ruffed grouse, and northern 10. You must wear in a conspicuous manner bobwhite in designated areas subject to the on the outermost layer of the head, chest, following conditions: and back a minimum of 400 square inches 1. You may possess only approved nontoxic (2,600 cm2) of solid-colored hunter orange shot while in the field. clothing or material, except when hunting 2. You may only use pursuit or trailing turkey. dogs to hunt coyote or snowshoe hare. 11. You must unload all firearms outside of 3. We allow hunting of snowshoe hare with legal State hunting hours. dogs from November 20 to January 1. 12. We prohibit the use of all-terrain vehi- 4. We allow hunting of coyote with dogs cles (ATV’s). from October 20 to November 9. 13. The refuge will be open to hunting dur- 5. We allow a maximum of four dogs per ing the hours stipulated under Maine hunt- hunter. ing regulations, but no longer than from 1⁄2 6. Dogs may only be on the refuge when the hour before legal sunrise to 1⁄2 hour after hunter is present. legal sunset. 7. You must equip dogs used to hunt coyote D. Sport Fishing. [Reserved] with operational radiotelemetry collars. You must be in possession of a working MOOSEHORN NATIONAL WILDLIFE REFUGE radiotelemetry receiver that can detect and A. Hunting of Migratory Game Birds. [Re- track the frequency(ies) emitted by each served] radio collar used. B. Upland Game Hunting. [Reserved] 8. We do not allow hunting for coyote and C. Big Game Hunting. Hunting of deer is raccoon from 1⁄2 hour after sunset to 1⁄2 hour permitted on designated areas of the refuge before sunrise. subject to the following conditions: 9. We allow pre-hunt scouting, however, we 1. Permits are required. do not allow dogs during pre-hunt scouts. 2. Hunters during firearms big game season 10. We prohibit dog training. must wear in a conspicuous manner on head, 11. You must wear in a conspicuous manner chest and back a minimum of 400 square on the outermost layer of the head, chest, inches of solid-colored hunter orange cloth- and back, a minimum of 400 square inches ing or material.
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D. Sport Fishing. Fishing is permitted on Shotgun hunters may possess only approved designated areas of the refuge subject to the nontoxic shot while in the field. following conditions: C. Big Game Hunting. Hunting of deer, 1. The use of nonmotorized boats only is moose, or bear is permitted on designated permitted on Bearce, Conic, and Cranberry areas of the refuge subject to the following Lakes. condition: 2. Fishing is permitted during daylight 1. Hunters during firearms big game season hours only. must wear in a conspicuous manner on head, chest and back a minimum of 400 square RACHEL CARSON NATIONAL WILDLIFE REFUGE inches of solid-colored hunter orange cloth- A. Hunting of Migratory Game Birds. Hunt- ing or material. ers may hunt ducks, geese, coots, woodcock D. Sport Fishing. You may fish on the wa- and snipe on designated areas of the refuge ters of and from the banks of Baker Brook, subject to the following conditions: Birch Stream, Buzzy Brook, Johnson Brook, 1. Hunters must possess a refuge permit. Little Birch Stream, Little Buzzy Brook, 2. Hunters must remove all personal prop- Sandy Stream, and Sunkhaze Stream. erty from the refuge after each day’s hunt. [58 FR 5064, Jan. 19, 1993, as amended at 58 3. Designated Youth Hunting Areas are FR 29075, May 18, 1993; 60 FR 62043, Dec. 4, open to individuals under 18 who possess a 1995; 61 FR 46396, Sept. 3, 1996; 63 FR 46917, permit. An adult must accompany youths Sept. 3, 1998; 65 FR 30784, May 12, 2000; 65 FR under 15 years of age. Accompanying adults 56403, Sept. 18, 2000] possessing a permit may hunt. B. Upland Game Hunting. Hunters may hunt § 32.39 Maryland. pheasants on designated areas of the refuge subject to the following conditions: The following refuge units have been 1. Hunters must possess a refuge permit. opened for hunting and/or fishing, and 2. Hunters during the firearm deer season are listed in alphabetical order with must wear in a conspicuous manner on head, applicable refuge-specific regulations. chest and back a minimum of 400 square inches (10.16 square meters) of solid-colored BLACKWATER NATIONAL WILDLIFE REFUGE hunter orange clothing or material. A. Hunting of Migratory Game Birds. [Re- 3. You may possess only approved nontoxic served] shot while in the field. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. Hunters may hunt deer on designated areas of the refuge sub- C. Big Game Hunting. Hunting of deer is ject to the following conditions: permitted on designated areas of the refuge subject to the following conditions: 1. Hunters must possess a refuge permit. 2. Designated youth hunting areas are open 1. Permits are required. to individuals under 18 who possess a permit. 2. Handguns and breech-loading rifles are An adult must accompany youths under 15 not permitted. years of age. Accompanying adults who pos- 3. In the headquarters hunt area, hunters sess a permit may hunt. must remain within 30 feet of their stand, 3. Hunters may hunt fox and coyotes dur- unless actively tracking or retrieving ing the firearm deer season only. wounded deer. 4. Hunters during the firearm deer season 4. Hunters during firearms big game season must wear in a conspicuous manner on head, must wear in a conspicuous manner on head, chest and back a minimum of 400 square chest and back a minimum of 400 square inches (10.16 square meters) of solid-colored inches of solid-colored hunter orange cloth- hunter orange clothing or material. ing or material. 5. We allow only archery and shotgun hunt- D. Sport Fishing. Fishing and crabbing are ing with appropriate buckshot or slug loads. permitted on designated areas of the refuge D. Sport Fishing. We allow fishing on des- subject to the following conditions: ignated areas of the refuge subject to the fol- 1. Fishing and crabbing are permitted from lowing condition: We allow fishing from sun- April 1 through October 1 during daylight rise to sunset. hours only. 2. All fish and crab lines must be attended. SUNKHAZE MEADOWS NATIONAL WILDLIFE 3. Boat launching from refuge lands is not REFUGE permitted. A. Hunting of Migratory Game Birds. Hunt- 4. The use of airboats is not permitted on ing of migratory game birds is permitted on refuge waters. designated areas of the refuge pursuant to EASTERN NECK NATIONAL WILDLIFE REFUGE State law. B. Upland Game Hunting. We allow hunting A. Hunting of Migratory Game Birds. [Re- of upland game on designated areas of the served] refuge subject to the following condition: B. Upland Game Hunting. [Reserved]
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C. Big Game Hunting. Hunters may hunt C. Big Game Hunting. Hunters may hunt deer and turkey on designated areas of the deer on designated areas of the refuge sub- refuge subject to the following conditions: ject to the following conditions: 1. Refuge permits required. 1. Seasonal permit is required. 2. The refuge is open to limited turkey 2. A fee is required for issuance of a sea- hunting during the state spring turkey sea- sonal permit. son. 3. Validation of hunter safety proficiency 3. Hunters may only use archery, shotguns, test is required. and muzzleloaders for deer, and shotguns 4. Dogs are not permitted. only for turkey. 5. No hunting with black powder handguns 4. Hunters may not possess loaded weapons will be permitted. in parking areas, blacktopped or graveled 6. Possession of rifled slug or pumpkin ball roads. is permitted only during the firearm deer season. Use of buckshot is strictly prohib- 5. Deer hunters must wear in a conspicuous ited. manner on head, chest and back a minimum 7. Only shotguns loaded with rifled slug or of 400 square inches of solid colored hunter pumpkin ball and black powder rifles, 40 cal- orange clothing or material. iber or larger, with not less than 60 grains of 6. Turkey hunters must wear a hat or cap black powder or equivalent in Pyrodex, shall of hunter orange when moving to or from be used for hunting deer during the firearm their blind or hunting position. deer season. D. Sport Fishing. We allow fishing and crab- 8. During the firearm deer season, the use bing in designated areas of the refuge in ac- of bow and arrow is prohibited. cordance with State regulations and subject 9. Hunting of upland game is suspended to the following conditions: during the firearm deer season. 1. We allow fishing and crabbing from East- 10. Hunters must wear in a conspicuous ern Neck Island bridge. manner on head, chest and back a minimum 2. We allow fishing and crabbing from April of 400 square inches of solid-colored hunter 1—September 30 during daylight hours only orange clothing or material. Bow hunters at the Ingleside Recreation Area. must follow this requirement when moving 3. We allow fishing from the Boxes Point to and from the deer stand, but are not re- and Duck Inn Trails during daylight hours quired to wear hunter orange when posi- only. tioned to hunt. 11. Only portable deer stands with safety PATUXENT RESEARCH REFUGE belts are permitted. Safety belts must be A. Hunting of Migratory Game Birds. Hunt- worn while in the stand. ers may hunt migratory game birds on des- D. Sport Fishing. Fishermen may fish in ignated areas of the refuge subject to the fol- designated waters of the refuge at designated lowing conditions: times subject to the following conditions: 1. Fishermen may fish only in delineated 1. Seasonal permit is required. areas as shown on a map available at the ref- 2. A fee is required for issuance of a sea- uge. sonal permit. 2. Fresh water fishing and boating laws of 3. The use of a retriever is mandatory on the State of Maryland apply to include open- any impounded waters. Retrievers shall be of ing/closing of seasons and creel limits. the traditional breeds, such as Chesapeake 3. Fishermen may use hook and line tackle Bay, Golden, etc. and baits permitted by Maryland law, with 4. Dogs observed running loose or unat- the exception of live minnows or other fish. tended in unauthorized areas shall be subject 4. Special provisions: Cash Lake, a 54 acre to seizure by law enforcement officers. lake located on the South Tract requires a B. Upland Game Hunting. Hunters may hunt federal permit to fish, and a limit of 25 daily upland game on designated areas of the ref- permits will be issued. Persons may request uge subject to the following conditions: a permit application by contacting: National 1. Seasonal permit is required. Wildlife Visitor Center, Laurel, Maryland, 2. A fee is required for issuance of a sea- during normal working hours. Each request sonal permit. must include the person’s name, address, and 3. Hunting of upland game is suspended phone number, and the model, year and li- during the firearm deer season. cense number of the vehicle that will drive 4. Hunters must wear in a conspicuous to the refuge. You may request a fishing date manner on head, chest and back, a minimum 1 week prior to when you plan to fish. One li- of 400 square inches of solid-colored hunter censed angler or up to two children under orange clothing or material. the age of 16 may accompany the permit 5. Dogs observed running loose or unat- holder. Open season is June 15 through Octo- tended in unauthorized areas shall be subject ber 15: 6 a.m. to legal sunset daily. You may to seizure by law enforcement officers. fish for the following species: Bass, pickerel, 6. Shotgun hunters may possess only ap- catfish, and sunfish. Daily creel limits: bass, proved nontoxic shot while in the field. catch and release only; pickerel, catch and
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release only except you may keep one pick- OXBOW NATIONAL WILDLIFE REFUGE erel greater than 15 inches in length; sunfish A. Hunting of Migratory Game Birds. Hunt- and catfish, 15 per day total fish limit. Per- ing of woodcock and snipe is permitted on mittees may use boats subject to the fol- designated areas of the refuge subject to the lowing conditions: no gasoline motors per- following conditions: mitted; You may not trailer boats to the 1. Vehicles are restricted to the designated water; boats other than canoes may not ex- parking area that is accessible from the Still ceed 14 feet; you may not use sailboats or River Depot Road. Entry by routes other kayaks. than Still River Depot Road is prohibited. [58 FR 5064, Jan. 19, 1993, as amended at 58 2. [Reserved] FR 29075, May 18, 1993; 59 FR 6685, 6693, Feb. B. Upland Game Hunting. We allow hunting 11, 1994; 60 FR 62043, Dec. 4, 1995; 61 FR 46396, of upland game birds, turkey, and small Sept. 3, 1996; 63 FR 46917, Sept. 3, 1998; 65 FR game on designated areas of the refuge sub- 30784, May 12, 2000] ject to the following conditions: 1. Shotguns only are permitted. § 32.40 Massachusetts. 2. Vehicles are restricted to the designated parking area that is accessible from the Still The following refuge units have been River Depot Road. Entry by routes other opened for hunting and/or fishing, and than Still River Depot Road is not per- are listed in alphabetical order with mitted. applicable refuge-specific regulations. 3. You may possess only approved nontoxic shot while in the field, except while hunting turkey. GREAT MEADOWS NATIONAL WILDLIFE REFUGE 4. Hunters will comply with all State hunt- A. Hunting of Migratory Game Birds. [Re- ing regulations. served] C. Big Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] D. Sport Fishing. Anglers may fish along C. Big Game Hunting. [Reserved] the banks of the Nashua River in accordance D. Sport Fishing. Fishing is permitted in with state regulations. designated areas of the refuge subject to the PARKER RIVER NATIONAL WILDLIFE REFUGE following condition: 1. Fishing is permitted along the main A. Hunting of Migratory Game Birds. Hunt- channel of the Sudbury River, Concord River ing of waterfowl and coots is permitted on and along designated banks of Heard Pond designated areas of the refuge subject to the with the following exception: Fishing is not following conditions: permitted within refuge impoundments. 1. Hunters may not use or possess more 2. Only foot access is permitted. than 25 shells per day. 2. Hunters using Area B must set out a MONOMOY NATIONAL WILDLIFE REFUGE minimum of six waterfowl decoys and hunt within 50 yards of these decoys. A. Hunting of Migratory Game Birds. [Re- B. Upland Game Hunting. [Reserved] served] C. Big Game Hunting. Hunters may hunt B. Upland Game Hunting. [Reserved] white-tailed deer on designated areas of the C. Big Game Hunting. [Reserved] refuge subject to the following conditions: D. Sport Fishing. We allow fishing in des- 1. Hunters must possess a refuge permit. ignated areas of the refuge subject to the fol- D. Sport Fishing. Saltwater fishing is per- lowing condition: In addition to daytime mitted on designated areas of the refuge sub- fishing, we allow fishing after sunset in ac- ject to the following conditions: cordance with State regulations. 1. Saltwater fishing is permitted on the ocean beach only. NANTUCKET NATIONAL WILDLIFE REFUGE 2. A permit is required for night fishing and for the use of over-the-sand surf-fishing A. Hunting of Migratory Game Birds. [Re- vehicles. served] B. Upland Game Hunting. [Reserved] [58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 59 FR 6693, Feb. 11, C. Big Game Hunting. [Reserved] 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 62043, Fishing is permitted on D. Sport Fishing. Dec. 4, 1995; 61 FR 46396, Sept. 3, 1996; 63 FR designated areas of the refuge subject to the 46917, Sept. 3, 1998; 65 FR 30785, May 12, 2000; following conditions: 65 FR 56404, Sept. 18, 2000] 1. Fishing is permitted on the ocean beach only. § 32.41 Michigan. 2. A permit is required for the use of over- the-sand surf fishing vehicles. The following refuge units have been 3. In addition to daytime fishing, we allow opened for hunting and/or fishing, and fishing after sunset in accordance with State are listed in alphabetical order with regulations. applicable refuge-specific regulations.
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HARBOR ISLAND NATIONAL WILDLIFE REFUGE 3. Goose hunting in designated cropland fields and areas of the Shiawassee River is A. Hunting of Migratory Game Birds. [Re- permitted until 12 noon with a required served] check out time of 1 p.m. B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. Hunting of white- C. Big Game Hunting. Hunting of white- tailed deer and black bear is permitted on tailed deer is permitted on designated areas designated areas of the refuge. of the refuge subject to the following condi- D. Sport Fishing. [Reserved] tions: 1. Permits may be required. KIRTLAND’S WARBLER WILDLIFE MANAGEMENT 2. Hunters must wear in a conspicuous AREA manner on head, chest and back a minimum A. Hunting of Migratory Game Birds. Hunt- of 400 square inches of solid colored hunter ing is pursuant to State regulation. orange clothing or material. B. Upland Game Hunting. Hunting is pursu- D. Sport Fishing. Fishing is permitted on ant to State regulation. designated areas of the refuge subject to the C. Big Game Hunting. Hunting is pursuant following condition: Fishing is only per- to State regulation. mitted from boats; no bank fishing is al- D. Sport Fishing. [reserved.] lowed.
SENEY NATIONAL WILDLIFE REFUGE [58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6693, Feb. 11, 1994; 59 FR 55186, Nov. 3, A. Hunting of Migratory Game Birds. Hunt- 1994] ing of woodcock and snipe is permitted on designated areas of the refuge. § 32.42 Minnesota. B. Upland Game Hunting. Hunting of grouse and snow-shoe hare is permitted on des- The following refuge units have been ignated areas of the refuge. opened for hunting and/or fishing, and C. Big Game Hunting. Hunting of deer and are listed in alphabetical order with bear is permitted on designated areas areas applicable refuge-specific regulations. of the refuge subject to the following condi- tion: The use of dogs while bear hunting is AGASSIZ NATIONAL WILDLIFE REFUGE not permitted. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Fishing is permitted on served] designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. Hunting of white- 1. Ice Fishing. tailed deer and moose is permitted on des- i. Fishing is permitted from January 1 ignated areas of the refuge subject to the fol- through the end of February during daylight lowing conditions: hours only. 1. The construction or use of permanent ii. Ice shanties, houses or shelters are not blinds, platforms or ladders is not permitted. permitted on F Pool. 2. All stands must be removed from the ref- iii. Snowmobiles or all-terrain vehicles are uge at the end of each day’s hunt. not permitted. D. Sport Fishing. [Reserved] 2. Summer Fishing. i. Fishing is permitted from May 15 BIG STONE NATIONAL WILDLIFE REFUGE through September 30 during daylight hours A. Hunting of Migratory Game Birds. You only. may not hunt any migratory game birds on ii. Fishing is permitted on the Creighton, the refuge. You may retrieve waterfowl Driggs and Manistique Rivers, Walsh Creek taken outside the refuge boundary up to 100 west of the Walsh ditch south to its entry yards (90 m) inside the refuge. into the C–3 Pool. B. Upland Game Hunting. You may hunt iii. Only bank fishing is permitted in ref- partridge, pheasant, wild turkey, gray and uge pools. fox squirrel, cottontail and jack rabbit, red iv. Access to Driggs and Creighton Rivers, and gray fox, raccoon, and striped skunk on Walsh Creek and Walsh Ditch is limited to designated areas of the refuge subject to the canoes without motors and to foot traffic following conditions: along these watercourses. 1. You may possess only approved nontoxic shot while hunting for partridge or ring- SHIAWASSEE NATIONAL WILDLIFE REFUGE necked pheasant. A. Hunting of Migratory Game Birds. Hunt- 2. You may hunt fox, raccoon, and striped ing of geese, ducks, and coots is permitted on skunk only during open seasons for other designated areas of the refuge subject to the small game species. You may not use dogs following conditions: while raccoon hunting. 1. Permits are required. 3. You may hunt only turkey if you have a 2. Duck and coot hunting is permitted only valid State turkey hunting permit in your in Pool 4 and associated marshes. possession.
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C. Big Game Hunting. Hunting of white- 2. The construction or use of permanent tailed deer is permitted on designated areas blinds or platforms is not permitted. of the refuge subject to the following condi- 3. All portable stands must be removed tions: from the refuge at the end of each day’s 1. The construction or use of permanent hunt. blinds, platforms or ladders is not permitted. 4. Hunters may not use or possess single 2. All stands must be removed from the ref- shot projectiles (shotgun slugs, or bullets) on uge at the end of each day’s hunt. the Soberg Waterfowl Production Area. 3. You may hunt only deer if you have a D. Sport Fishing. Fishing is permitted on valid State permit in your possession. designated areas of the refuge subject to the D. Sport Fishing. Fishing is permitted on following conditions: designated areas of the refuge subject to the 1. Only bank fishing is permitted. following conditions: 2. Ice fishing is permitted when ice condi- 1. Nonmotorized boats or boats with elec- tions are safe. tric motors are permitted in the Minnesota 3. Ice fishing shelters must be removed River channel only. from the refuge following each day’s fishing 2. Bank fishing only is permitted on refuge activity. pools and open marshes. 3. Ice fishing shelters must be removed MORRIS WETLAND MANAGEMENT DISTRICT from the refuge following each day’s fishing A. Hunting of Migratory Game Birds. Hunt- activities. ing of migratory game birds is permitted throughout the district subject to the fol- FERGUS FALLS WETLAND MANAGEMENT lowing condition: DISTRICT 1. Hunters may not hunt on designated por- A. Hunting of Migratory Game Birds. Hunt- tions of the Edwards-Long Lake Waterfowl ing of migratory game birds is permitted Production Area in Stevens County. throughout the district except that no hunt- B. Upland Game Hunting. Upland game ing is permitted on the Townsend, Head- hunting is permitted throughout the district quarters, or Mavis Waterfowl Production subject to the following condition: Areas in Otter Tail County. 1. Hunters may not hunt on designated por- B. Upland Game Hunting. Upland game tions of the Edwards-Long Lake Waterfowl hunting is permitted throughout the district Production Area in Stevens County. except that no hunting is permitted on the C. Big Game Hunting. Big game hunting is Townsend, Headquarters, or Mavis Waterfowl permitted throughout the district subject to Production Areas in Otter Tail County. the following condition: C. Big Game Hunting. Big game hunting is 1. Hunters may not hunt on designated por- permitted throughout the district except tions of the Edwards-Long Lake Waterfowl that no hunting is permitted on the Town- Production Area in Stevens County. send, headquarters, or Mavis Waterfowl Pro- D. Sport Fishing. Sport fishing is permitted duction Areas in Otter Tail County. throughout the district subject to the fol- D. Sport Fishing. Sport fishing is permitted lowing condition: throughout the district except that no fish- 1. Anglers may not fish on designated por- ing is permitted on the Townsend, Head- tions of the Edwards-Long Lake Waterfowl quarters, or Mavis Waterfowl Production Production Area in Stevens County. Areas in Otter Tail County. RICE LAKE NATIONAL WILDLIFE REFUGE MINNESOTA VALLEY NATIONAL WILDLIFE A. Hunting of Migratory Game Birds. Hunt- REFUGE ing of woodcock and common snipe is per- A. Hunting of Migratory Game Birds. Hunt- mitted on designated areas of the refuge. ers may hunt geese, ducks, and coots on des- 1. Shotgun hunters may possess only ap- ignated areas of the refuge. Permits are re- proved nontoxic shot while in the field. quired for special hunts. B. Upland Game Hunting. Hunters may hunt B. Upland Game Hunting. Hunters may hunt ruffed grouse, spruce grouse, grey and fox upland game, except for furbearers and squirrels, cottontail rabbit and snowshoe crows, on designated areas of the refuge con- hare on designated areas of the refuge. sistent with State regulations, subject to the 1. Shotgun hunters may possess only ap- following conditions: proved nontoxic shot while hunting upland 1. Hunters may only use shotguns and bows game species. and arrows in designated areas. C. Big Game Hunting. Hunting of white- 2. You may possess only approved nontoxic tailed deer is permitted on designated areas shot while in the field. of the refuge subject to the following condi- C. Big Game Hunting. Hunting of white- tions: tailed deer is permitted on designated areas 1. The construction or use of permanent of the refuge subject to the following condi- blinds, platforms or ladders is not permitted. tions: 2. All stands must be removed from the ref- 1. Permits may be required. uge at the end of each day’s hunt.
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3. Permits are required for firearms hunt- 1. Shotgun hunters may possess only ap- ing. proved nontoxic shot while hunting for all 4. Hunting of deer on the Rice Lake Unit is upland game species. by firearm and archery; hunting on the C. Big Game Hunting. Hunting of white- Sandstone Unit is by archery only. tailed deer is permitted on designated areas D. Sport Fishing. Fishing is permitted on of the refuge subject to the following condi- designated areas of the refuge subject to the tions: following conditions: 1. The construction or use of permanent 1. Fishing from non-motorized boats or blinds, platforms or ladders is not permitted. boats powered by electric motors is per- 2. All stands must be removed from the ref- mitted only in designated areas. uge at the end of each day’s hunt. 2. Ice fishing is permitted on Mandy Lake D. Sport Fishing. Fishing is permitted on when ice conditions are safe. designated areas of the refuge subject to the 3. Ice fishing shelters must be removed following conditions: from the refuge following each day’s fishing 1. Fishing is permitted on the St. Francis activity. River only. 2. Nonmotorized boats are permitted only RYDELL NATIONAL WILDLIFE REFUGE on designated areas of St. Francis River and A. Hunting of Migratory Game Birds. [Re- must be launched from designated access served.] points. B. Upland Game Hunting. [Reserved.] C. Big Game Hunting. Hunting of white- TAMARAC NATIONAL WILDLIFE REFUGE tailed deer is permitted on designated areas A. Hunting of Migratory Game Birds. Hunt- of the refuge subject to the following condi- ing of geese, ducks, coots, woodcock and tions: snipe is permitted on designated areas of the 1. Permits are required to hunt white- refuge subject to the following conditions: tailed deer in the Special Permit Area of the 1. Hunting is in accordance with White refuge. Earth Reservation regulations on those por- 2. Hunting in the Special Permit Area is tions of the Reservation that are a part of permitted with firearms only. the refuge. 3. Hunters may not construct or use per- 2. Blinds must be removed from the refuge manent blinds, permanent platforms, or per- following each day’s hunt except for blinds manent ladders. Hunters may use portable made entirely of marsh vegetation. stands, but must remove them from the ref- B. Upland Game Hunting. Hunters may hunt uge at the end of each day’s hunt. ruffed grouse, red, gray and fox squirrel, cot- 4. Hunters who harvest deer in the Special tontail rabbit, jackrabbit, snowshoe hare, Permit Area must take their deer to the ref- red fox, raccoon, and striped skunk on des- uge check station. ignated areas of the refuge subject to the fol- D. Sport Fishing. [Reserved.] lowing conditions: 1. Hunting by tribal members is in accord- SHERBURNE NATIONAL WILDLIFE REFUGE ance with White Earth Indian Reservation A. Hunting of Migratory Game Birds. Hunt- regulations on those parts of the Reservation ing of geese, ducks, coots, rails, woodcock, that are part of the refuge. and snipe is permitted on designated areas of 2. Red fox, raccoon, and striped skunk may the refuge subject to the following condi- be hunted only from one-half hour before tions: sunrise until sunset during open seasons for 1. Field possession of migratory game birds other small game species. Dogs may not be is not permitted on refuge areas closed to used for fox or raccoon hunting. migratory game bird hunting. 3. Shotgun hunters may possess only ap- 2. Only nonmotorized boats are permitted, proved nontoxic shot while hunting for all and they must be launched at designated ac- upland game species. cess sites. C. Big Game Hunting. Hunting of white- 3. Boats, decoys and blinds must be re- tailed deer is permitted on designated areas moved from the refuge following each day’s of the refuge subject to the following condi- hunt except for blinds made entirely of tions: marsh vegetation. 1. Hunting is in accordance with White 4. Entry to hunting areas is not allowed Earth Reservation regulations on those parts earlier than one and one-half hours before of the Reservation that are a part of the ref- legal shooting hours. uge. 5. Shotgun hunters may possess only ap- 2. The construction or use of permanent proved nontoxic shot while in the field. blinds, platforms or ladders is not permitted. B. Upland Game Hunting. Hunting of ruffed 3. All stands must be removed from the ref- grouse, ring-necked pheasant, gray and fox uge at the end of each day’s hunt. squirrel, snowshoe hare, cottontail rabbit D. Sport Fishing. Fishing is permitted on and jackrabbit is permitted on designated designated areas of the refuge subject to the areas of the refuge. following conditions:
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1. Fishing is permitted in North Tamarac the refuge subject to the following condition: Lake, Wauboose Lake, and Two Island Lake, We require permits. all year in accordance with State and/or C. Big Game Hunting. We allow hunting of White Earth Reservation regulations. deer, turkey, and feral hogs on designated 2. Fishing is permitted in Blackbird Lake areas of the refuge subject to the following and Lost Lake from the first day of the condition: We require permits. State walleye season through Labor Day D. Sport Fishing. We allow sport fishing on under State and/or White Earth Reservation designated areas of the refuge subject to the regulations. following condition: We require permits. 3. Bank fishing only is permitted in an area 50 yards on either side of the Ottertail HILLSIDE NATIONAL WILDLIFE REFUGE River Bridges on County Roads #26 and #126 A. Hunting of Migratory Game Birds. Hunt- during State seasons. ing of mourning doves, ducks, coots, snipe 4. Fishing is permitted in Pine Lake from and woodcock is permitted on designated December 1 until March 31. areas of the refuge subject to the following UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE condition: Permits are required. AND FISH REFUGE B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, beaver, raccoon, and opos- Refer to § 32.32 Illinois for regulations. sum is permitted on designated areas of the WINDOM WETLAND MANAGEMENT DISTRICT refuge subject to the following condition: Permits are required. A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. Hunting of white- ers may hunt migratory game birds through- tailed deer is permitted on designated areas out the district except that hunters may not of the refuge subject to the following condi- hunt on the Worthington Waterfowl Produc- tion: Permits are required. tion Area in Nobles County. D. Sport Fishing. Anglers may fish and frog B. Upland Game Hunting. Hunters may hunt in designated portions of the refuge subject upland game throughout the district except to the following condition: Fishermen must that hunters may not hunt on the Wor- possess a refuge public use permit. thington Waterfowl Production Area in No- bles County. MATHEWS BRAKE NATIONAL WILDLIFE REFUGE C. Big Game Hunting. Hunters may hunt big Hunt- game throughout the district except that A. Hunting of Migratory Game Birds. ing of ducks, coots, snipe, and woodcock is hunters may not hunt on the Worthington permitted on designated areas of the refuge Waterfowl Production Area in Nobles Coun- subject to the following condition: Permits ty. are required. D. Sport Fishing. Fishermen may fish B. Upland Game Hunting. Hunting of quail, throughout the district. rabbit, squirrel, beaver, raccoon, and opos- [58 FR 5064, Jan. 19, 1993, as amended at 58 sum is permitted on designated areas of the FR 29075, May 18, 1993; 58 FR 29085, May 18, refuge subject to the following conditions: 1993; 59 FR 6693, Feb. 11, 1994; 59 FR 55186, Permits are required. 55196, Nov. 3, 1994; 60 FR 62043, Dec. 4, 1995; 61 C. Big Game Hunting. Hunting of white- FR 46396, Sept. 3, 1996; 62 FR 47379, Sept. 9, tailed deer is permitted on designated areas 1997; 63 FR 46917, Sept. 3, 1998; 65 FR 30785, of the refuge subject to the following condi- May 12, 2000; 65 FR 56404, Sept. 18, 2000] tion: Permits are required. D. Sport Fishing. Anglers may fish and frog § 32.43 Mississippi. in designated areas of the refuge subject to The following refuge units have been the following condition: Fishermen must possess a refuge public use permit. opened for hunting and/or fishing, and are listed in alphabetical order with MORGAN BRAKE NATIONAL WILDLIFE REFUGE applicable refuge-specific regulations. A. Hunting of Migratory Game Birds. Hunt- BOGUE CHITTO NATIONAL WILDLIFE REFUGE ing of ducks, coots, snipe, and woodcock is permitted on designated areas of the refuge Refer to § 32.37 Louisiana for regulations. subject to the following condition: Permits are required. DAHOMEY NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. Hunting of quail, A. Hunting of Migratory Game Birds. We rabbit, squirrel, beaver, raccoon, and opos- allow hunting of mourning doves, migratory sum is permitted on designated areas of the waterfowl, coots, snipe, and woodcock on refuge subject to the following condition: designated areas of the refuge subject to the Permits are required. following condition: We require permits. C. Big Game Hunting. Hunting of white- B. Upland Game Hunting. We allow hunting tailed deer and turkey is permitted on des- of quail, squirrel, rabbit, beaver, raccoon, ignated areas of the refuge subject to the fol- coyotes, and opossum on designated areas of lowing condition: Permits are required.
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D. Sport Fishing. Anglers may fish and frog waterfowl, coots, snipe, and woodcock on in designated portions of the refuge subject designated areas of the refuge subject to the to the following condition: Fishermen must following condition: We require permits. possess a refuge public use permit. B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, beaver, raccoon, NOXUBEE NATIONAL WILDLIFE REFUGE coyotes, and opossum on designated areas of A. Hunting of Migratory Game Birds. Hunt- the refuge subject to the following condition: ers may hunt waterfowl, coots, and We require permits. woodcock on designated areas of the refuge C. Big Game Hunting. We allow hunting of subject to the following condition: Permits deer, turkey, and feral hogs on designated required. areas of the refuge subject to the following B. Upland Game Hunting. Hunters may hunt condition: We require permits. quail, squirrel, rabbit, beaver, raccoon and D. Sport Fishing. We allow sport fishing on opossum on designated areas of the refuge designated areas of the refuge subject to the subject to the following condition: Permits following condition: We require permits. required. YAZOO NATIONAL WILDLIFE REFUGE C. Big Game Hunting. Hunters may hunt white-tailed deer and turkey on designated A. Hunting of Migratory Game Birds. Hunt- areas of the refuge subject to the following ers may hunt mourning doves and waterfowl condition: Permits required. on designated areas of the refuge subject to D. Sport Fishing. Anglers may fish on des- the following condition: Permits required. ignated areas of the refuge subject to the fol- B. Upland Game Hunting. Hunting of squir- lowing condition: Permits required. rel, rabbit, raccoon, opossum, and furbearers is permitted on designated areas of the ref- PANTHER SWAMP NATIONAL WILDLIFE REFUGE uge subject to the following condition: Per- A. Hunting of Migratory Game Birds. Hunt- mits are required. ing of ducks, coots, snipe, and woodcock is C. Big Game Hunting. Hunting of white- permitted on designated areas of the refuge tailed deer and turkey is permitted on des- subject to the following condition: Permits ignated areas of the refuge subject to the fol- are required. lowing condition: Permits are required. B. Upland Game Hunting. Hunting of quail, D. Sport Fishing. [Reserved] rabbit, squirrel, beaver, raccoon, and opos- [58 FR 5064, Jan. 19, 1993, as amended at 58 sum is permitted on designated areas of the FR 29085, May 18, 1993; 59 FR 6694, Feb. 11, refuge subject to the following condition: 1994; 59 FR 55187, Nov. 3, 1994; 61 FR 45367, Permits are required. Aug. 29, 1996; 61 FR 46396, Sept. 3, 1996; 62 FR C. Big Game Hunting. Hunting of white- 47379, Sept. 9, 1997; 63 FR 46917, Sept. 3, 1998; tailed deer is permitted on designated areas 65 FR 30785, May 12, 2000] of the refuge subject to the following condi- tion: Permits are required. § 32.44 Missouri. D. Sport Fishing. Anglers may fish and frog in designated areas of the refuge subject to The following refuge units have been the following condition: Fishermen must opened for hunting and/or fishing, and possess a refuge public use permit. are listed in alphabetical order with applicable refuge-specific regulations. ST. CATHERINE CREEK NATIONAL WILDLIFE REFUGE BIG MUDDY NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. We A. Hunting of Migratory Game Birds. We allow hunting of ducks, geese, and coots on allow hunting of migratory game birds on designated areas of the refuge subject to the designated areas of the refuge subject to following condition: We require permits. posted regulations and the following condi- B. Upland Game Hunting. We allow hunting tions: of squirrel, rabbit, beaver, nutria, muskrat, 1. Hunters may use only approved nontoxic feral hogs, raccoon, coyotes, and opossum on shot while in the field. designated areas of the refuge subject to the 2. You must remove all your blinds, boats, following condition: We require permits. and decoys from the refuge following each C. Big Game Hunting. We allow hunting of day’s hunt except for blinds made entirely of white-tailed deer and turkey on designated marsh vegetation. You may not cut woody areas of the refuge subject to the following vegetation on the refuge for blinds. condition: We require permits. B. Upland Game Hunting. We allow hunting D. Sport Fishing. We allow sport fishing on of upland game animals on designated areas designated areas of the refuge subject to the of the refuge subject to posted regulations following condition: We require permits. and the following conditions: 1. You may use only approved nontoxic TALLAHATCHIE NATIONAL WILDLIFE REFUGE shot while hunting for upland game, except A. Hunting of Migratory Game Birds. We wild turkeys. You may use lead shot while allow hunting of mourning doves, migratory hunting for wild turkey.
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C. Big Game Hunting. We allow big game C. Big Game Hunting. Hunting of deer is hunting on designated areas of the refuge permitted on designated areas of the refuge subject to posted regulations and the fol- subject to the following conditions: lowing conditions: 1. Permits are required. 1. You may not use tree spikes to help you 2. Only historic weapon hunting is per- climb trees or hunt on the refuge. mitted. 2. You must remove tree stands from the D. Sport Fishing. Fishing is permitted on refuge within 24 hours of the close of the designated areas of the refuge subject to the deer hunting season. following conditions: 3. You may not hunt over or place on the 1. Fishing is permitted from March 1 refuge any salt or other mineral blocks. through October 15 during daylight hours D. Sport Fishing. Fishermen may fish on only. designated areas of the refuge subject to 2. Only nonmotorized boats are permitted posted regulations. on refuge waters with the exception that the use of motors of 10 horsepower or less is per- MARK TWAIN NATIONAL WILDLIFE REFUGE mitted on Silver Lake. Refer to § 32.32 Illinois for regulations. [58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6694, Feb. 11, 1994; 61 FR 45367, Aug. 29, MINGO NATIONAL WILDLIFE REFUGE 1996; 61 FR 46397, Sept. 3, 1996; 65 FR 30785, A. Hunting of Migratory Game Birds. Hunt- May 12, 2000; 65 FR 56404, Sept. 18, 2000] ing of waterfowl is permitted on designated areas of the refuge subject to the following § 32.45 Montana. condition: Permits are required. The following refuge units have been B. Upland Game Hunting. Hunters may hunt upland game on designated areas of the ref- opened for hunting and/or fishing, and uge subject to posted regulations. are listed in alphabetical order with C. Big Game Hunting. Hunters may hunt big applicable refuge-specific regulations. game on designated areas of the refuge sub- BENTON LAKE NATIONAL WILDLIFE REFUGE ject to posted regulations. D. Sport Fishing. Fishermen may fish on A. Hunting of Migratory Game Birds. Hunt- designated areas of the refuge subject to ers may hunt migratory game birds on des- posted regulations. ignated areas of the refuge in accordance with maps and brochures available at refuge SQUAW CREEK NATIONAL WILDLIFE REFUGE headquarters and signs posted on the area. A. Hunting of Migratory Game Birds. [Re- B. Upland Game Hunting. Hunters may hunt served] upland game on designated areas of the ref- B. Upland Game Hunting. [Reserved] uge in accordance with maps and brochures C. Big Game Hunting. Hunting of deer is available at refuge headquarters and signs permitted on designated areas of the refuge posted on the area. subject to the following conditions: C. Big Game Hunting. [Reserved] 1. Permits are required. D. Sport Fishing. Anglers may sport fish on 2. Only historic weapon hunting is per- designated areas of the refuge as posted by mitted. signs. 3. Hunters are required to check in and out BLACK COULEE NATIONAL WILDLIFE REFUGE of the refuge. 4. Stands must be removed from the refuge A. Hunting of Migratory Game Birds. Hunt- each day. ing of migratory game birds is permitted on 5. Hunting is permitted only during the designated areas of the refuge subject to the special hunt season established by the State following condition: Air-thrust boats and for the refuge. boats with motors greater than 10 horse- D. Sport Fishing. Fishing is permitted on power are not permitted. designated areas of the refuge subject to the B. Upland Game Hunting. We allow hunting following condition: Fish, amphibians, rep- of upland game on designated areas of the tiles and crustaceans may only be taken refuge subject to the following condition: with hand-held pole and line or rod and reel. You may possess only approved nontoxic shot while in the field. SWAN LAKE NATIONAL WILDLIFE REFUGE C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. Hunt- D. Sport Fishing [Reserved] ing of geese is permitted on designated areas BOWDOIN NATIONAL WILDLIFE REFUGE of the refuge subject to the following condi- tions: A. Hunting of Migratory Game Birds. Hunt- 1. Permits are required. ing of waterfowl, coots, sandhill cranes, and 2. You may possess only approved nontoxic mourning doves is permitted on designated shot while in the field. areas of the refuge subject to the following B. Upland Game Hunting. [Reserved] conditions:
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1. Hunters are required to check in and out HALFBREED LAKE NATIONAL WILDLIFE REFUGE of the refuge. A. Hunting of Migratory Game Birds. [Re- 2. Air-thrust boats and boats with motors served] greater than 10 horsepower are not per- B. Upland Game Hunting. [Reserved] mitted. C. Big Game Hunting. [Reserved] B. Upland Game Hunting. Hunting of pheas- D. Sport Fishing. [Reserved] ant, sharp-tailed grouse, sage grouse, gray partridge, fox and coyote is permitted on HEWITT LAKE NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the following conditions: A. Hunting of Migratory Game Birds. Hunt- ing of migratory game birds is permitted on 1. Hunting of fox and coyote is permitted designated areas of the refuge subject to the from December 1 to March 1. following condition: Air-thrust boats and 2. Hunters are required to check in and out boats with greater than 10 horsepower mo- of the refuge. tors are not permitted. 3. You may possess only approved nontoxic B. Upland Game Hunting. [Reserved] shot while in the field. C. Big Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] D. Sport Fishing. [Reserved] LAKE MASON NATIONAL WILDLIFE REFUGE CHARLES M. RUSSELL NATIONAL WILDLIFE A. Hunting of Migratory Game Birds. Hunt- REFUGE ing of migratory game birds is permitted on A. Hunting of Migratory Game Birds. Refuge designated areas of the refuge subject to the open to hunting of migratory game birds in following condition: The use of motorized accordance with State law. boats is not permitted. B. Upland Game Hunting. Hunting of upland B. Upland Game Hunting. We allow hunting game birds, turkey and coyote is permitted of upland game on designated areas of the on designated areas of the refuge subject to refuge subject to the following condition: the following condition: You may possess only approved nontoxic 1. Coyote hunting allowed from the first shot while in the field. day of antelope rifle season through March 1 C. Big Game Hunting. Refuge open to big annually. game hunting in accordance with State law. C. Big Game Hunting. Hunters may hunt big D. Sport Fishing. [Reserved] game subject to refuge specific regulations LAKE THIBADEAU NATIONAL WILDLIFE REFUGE as designated in refuge publications. D. Sport fishing. Refuge open to sport fish- A. Hunting of Migratory Game Birds. Hunt- ing in accordance with State law, and as spe- ing of migratory game birds is permitted on cifically designated in refuge publications. designated areas of the refuge subject to the following condition: Air-thrust boats and CREEDMAN COULEE NATIONAL WILDLIFE boats with greater than 10 horsepower mo- REFUGE tors are not permitted. B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. [Reserved] ing of migratory game birds is permitted on D. Sport Fishing. [Reserved] designated areas of the refuge subject to the following condition: Air-thrust boats and LAMESTEER NATIONAL WILDLIFE REFUGEE boats with motors greater than 10 horse- power motors are not permitted. A. Hunting of Migratory Game Birds. The B. Upland Game Hunting. [Reserved] refuge unit is open to the hunting of migra- C. Big Game Hunting. [Reserved] tory game birds but has no refuge-specific regulations as it follows guidelines set out in D. Sport Fishing. [Reserved] State law. HAILSTONE NATIONAL WILDLIFE REFUGEE B. Upland Game Hunting. The refuge unit is open to the hunting of upland game but has A. Hunting of Migratory Game Birds. The no refuge-specific regulations as it follows refuge unit is open to the hunting of migra- guidelines set out in State law. tory game birds, but has no refuge-specific C. Big Game Hunting. The refuge unit is regulations as it follows guidelines set out in open to big game hunting but has no refuge- State law. specific regulations as it follows guidelines B. Upland Game Hunting. Hunters may hunt set out in State law. upland game birds on designated areas of the D. Sport Fishing. Anglers may sport fish in refuge subject to the following conditions: accordance with state law. 1. You may possess only approved nontoxic shot while in the field. LEE METCALF NATIONAL WILDLIFE REFUGE C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. Hunt- D. Sport Fishing. [Reserved] ing of geese, ducks and coots is permitted on
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designated areas of the refuge subject to the C. Big Game Hunting. [Reserved] following conditions: D. Sport Fishing. The refuge unit is open to 1. Hunters may not use or possess more sport fishing but has no refuge-specific regu- than 15 shells per day. lations as it follows guidelines set out in 2. Shooting is permitted only from or with- State law. in 10 feet of designated blinds. 3. Maximum of 5 hunters per blind. RED ROCK LAKES NATIONAL WILDLIFE REFUGE 4. Hunters are required to record hunt in- A. Hunting of Migratory Game Birds. We formation at Hunter Access Points. allow hunting of geese, ducks, and coots on B. Upland Game Hunting. [Reserved] designated areas of the refuge subject to the C. Big Game Hunting. Hunting of white- following condition: Waterfowl and coot tailed deer and mule deer is permitted on hunters may possess only approved nontoxic designated areas of the refuge subject to the shot while in the field. following conditions: B. Upland Game Hunting. [Reserved] 1. Only archery hunting is permitted. C. Big Game Hunting. Hunting of deer, elk, 2. Hunters are required to enter and exit moose and pronghorn antelope is permitted and record hunt information at Hunter Ac- on designated areas of the refuge. cess Points. D. Sport Fishing. Fishing is permitted on 3. Deer stands left on the refuge must be designated areas of the refuge subject to the identified with a name and address and be following condition: Fishing is permitted accessible to other hunters. from the third week of June through the end 4. Deer may not be retrieved from closed of the general State season. areas without prior consent from the refuge staff. SWAN RIVER NATIONAL WILDLIFE REFUGE D. Sport Fishing. Fishing is permitted on A. Hunting of Migratory Game Birds. We designated areas of the refuge. All fishing is allow hunting of geese, ducks, and coots on pursuant to State law. designated areas of the refuge subject to the MEDICINE LAKE NATIONAL WILDLIFE REFUGE following condition: Waterfowl and coot hunters may possess only approved nontoxic A. Hunting of Migratory Game Birds. Hunt- shot while in the field. ing of ducks, geese, snipe, and doves is per- B. Upland Game Hunting. [Reserved] mitted on designated areas of the refuge. C. Big Game Hunting. [Reserved] B. Upland Game Hunting. Hunting of pheas- D. Sport Fishing. Refuge open to sport fish- ant, partridge, and sharp-tailed grouse is ing in accordance with State law, and as spe- permitted on designated areas of the refuge. cifically designated in refuge publications. C. Big Game Hunting. Hunting of deer and antelope is permitted on designated areas of UL BEND NATIONAL WILDLIFE REFUGE the refuge. A. Hunting of Migratory Game Birds. The D. Sport Fishing. Anglers may sport fish in refuge unit is open to the hunting of migra- accordance with state law and refuge restric- tory game birds but has no refuge-specific tions as posted. regulations as it follows guidelines set out in NATIONAL BISON NATIONAL WILDLIFE REFUGE State law. B. Upland Game Hunting. Refuge is open to A. Hunting of Migratory Game Birds. [Re- upland game hunting in accordance with served] State laws, regulations and subject to the B. Upland Game Hunting. [Reserved] following condition: C. Big Game Hunting. [Reserved] 1. Coyote hunting allowed from the first D. Sport Fishing. The refuge unit is open to day of antelope rifle season through March 1 sport fishing but has no refuge-specific regu- annually. lations as it follows guidelines set out in C. Big Game Hunting. Hunters may hunt big State law. game subject to refuge-specific regulations as designated in refuge publications. NINE-PIPE NATIONAL WILDLIFE REFUGE D. Sport Fishing. The refuge unit is open to A. Hunting of Migratory Game Birds. [Re- sport fishing but has no refuge-specific regu- served] lations as it follows guidelines set out in B. Upland Game Hunting. [Reserved] State law. C. Big Game Hunting. [Reserved] D. Sport Fishing. The refuge unit is open to WAR HORSE NATIONAL WILDLIFE REFUGE sport fishing but has no refuge-specific regu- A. Hunting of Migratory Game Birds. The lations as it follows guidelines set out in refuge unit is open to the hunting of migra- State law. tory game birds but has no refuge-specific regulations as it follows guidelines set out in PABLO NATIONAL WILDLIFE REFUGE State law. A. Hunting of Migratory Game Birds. [Re- B. Upland Game Hunting. We allow hunting served] of upland game birds on designated areas of B. Upland Game Hunting. [Reserved] the refuge subject to the following condition:
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You may possess only approved nontoxic C. Big Game Hunting. [Reserved] shot while in the field. D. Sport Fishing. Anglers may fish on des- C. Big Game Hunting. The refuge unit is ignated portions of the refuge subject to open to big game hunting but has no refuge- state regulations and any specific regula- specific regulations as it follows guidelines tions as listed in refuge publications. set out in State law. D. Sport Fishing. Refuge open to sport fish- NORTH PLATTE NATIONAL WILDLIFE REFUGE ing in accordance with State law, and as spe- A. Hunting of Migratory Game Birds. [Re- cifically designated in refuge publications. served] [58 FR 5064, Jan. 19, 1993, as amended at 58 B. Upland Game Hunting. [Reserved] FR 29075, May 18, 1993; 59 FR 6694, Feb. 11, C. Big Game Hunting. [Reserved] D. Sport Fishing. Sport fishing is allowed on 1994; 60 FR 62044, Dec. 4, 1995; 62 FR 47379, designated areas of the refuge pursuant to Sept. 9, 1997; 63 FR 46918, Sept. 3, 1998; 65 FR State law. 30786, May 12, 2000] VALENTINE NATIONAL WILDLIFE REFUGE § 32.46 Nebraska. A. Hunting of Migratory Game Birds. Hunt- The following refuge units have been ers may hunt migratory birds on designated opened for hunting and/or fishing, and areas of the refuge subject to refuge specific are listed in alphabetical order with regulations. applicable refuge-specific regulations. B. Upland Game Hunting. Hunters may hunt upland game on designated areas of the ref- BOYER CHUTE NATIONAL WILDLIFE REFUGE uge subject to refuge specific regulations. C. Big Game Hunting. Hunters may hunt big A. Hunting of Migratory Game Birds. [Re- game on designated areas of the refuge sub- served] ject to refuge specific regulations. B. Upland Game Hunting. [Reserved] D. Sport Fishing. Anglers may fish in des- C. Big Game Hunting. [Reserved] ignated portions of the refuge subject to ref- D. Sport Fishing. Designated areas of the uge specific regulations. refuge are open in accordance with State fishing regulations and the special condi- [58 FR 5064, Jan. 19, 1993, as amended at 59 tions that follow: FR 55187, Nov. 3, 1994; 60 FR 62044, Dec. 4, 1. Fishermen may hook and line fish dur- 1995; 61 FR 45367, Aug. 29, 1996; 62 FR 47380, ing daylight hours with closely attended Sept. 9, 1997; 63 FR 46918, Sept. 3, 1998] poles. 2. Fishermen may use only non-motorized § 32.47 Nevada. vessels in the Chute, but must not leave ves- The following refuge units have been sels on the refuge overnight, opened for hunting and/or fishing, and 3. Fishermen must not use floating, limb, or trot lines on the refuge. are listed in alphabetical order with 4. Fishermen must not use bow, crossbow, applicable refuge-specific regulations. snagging devices, or spears while fishing. ASH MEADOWS NATIONAL WILDLIFE REFUGE 5. Fishermen must not dig bait, net, frog, or collect mussels (clams). A. Hunting of Migratory Game Birds. We allow hunting of geese, ducks, coots, CRESCENT LAKE NATIONAL WILDLIFE REFUGE moorhens, snipe, and doves in accordance A. Hunting of Migratory Game Birds. [Re- with State and refuge-specific regulations on served] designated areas of the refuge subject to the B. Upland Game Hunting. Hunting of ring- following conditions: necked pheasant and sharp-tailed grouse is 1. We allow hunting only on designated permitted on designated areas of the refuge. days. C. Big Game Hunting. Hunters may hunt 2. We allow only nonmotorized boats or white-tailed deer and mule deer on des- boats with electric motors on the refuge ignated areas of the refuge pursuant to State hunting area during the migratory waterfowl law. hunting season. D. Sport Fishing. Anglers may sport fish in B. Upland Game Hunting. We allow hunting accordance with state law and refuge restric- of quail and rabbit in accordance with State tions as posted. and refuge-specific regulations on designated areas of the refuge subject to the following DESOTO NATIONAL WILDLIFE REFUGE conditions: 1. We allow hunting of quail and rabbit Refer to § 32.34 Iowa for regulations. only on designated days during the regular State season for quail. FORT NIOBRARA NATIONAL WILDLIFE REFUGE 2. We prohibit the discharging of rifles or A. Hunting of Migratory Game Birds. [Re- handguns. served] C. Big Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] D. Sport Fishing. [Reserved]
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Desert National Wildlife Refuge D. Sport Fishing. We allow fishing on des- ignated areas of the refuge subject to Fed- A. Hunting of Migratory Game Birds. [Re- eral and State laws and the following condi- served] tions: [Reserved] B. Upland Game Hunting. 1. We allow fishing from 1 hour before sun- C. Big Game Hunting. Hunting of bighorn rise until 2 hours after sunset. sheep is permitted on designated areas of the 2. We allow fishing on dikes in the areas range subject to the following conditions: north of the Brown Dike and east of the Col- 1. Bighorn sheep guides are required to ob- lection Ditch with the exception that you tain a Special Use Permit prior to taking cli- may fish by wading and from personal flota- ents onto the range. tion devices (float tubes) in designated areas. 2. Natural bighorn sheep mortality (pick- 3. We prohibit fishing from the bank on the up heads) found on the range are government South Marsh except at Brown Dike, the Main property and possession or removal of them Boat Landing, and Narciss Boat Landing. from the range is not permitted. 4. You may use only artificial lures in the D. Sport Fishing. [Reserved] Collection Ditch and spring ponds adjoining the ditch. PAHRANAGAT NATIONAL WILDLIFE REFUGE 5. We do not allow boats on the refuge from A. Hunting of Migratory Game Birds. We January 1 through June 14. allow hunting of geese, ducks, coots, 6. During the boating season, we allow only moorhens, snipe, and doves in accordance boats on the South Marsh. Beginning June 15 with State and refuge-specific regulations on through July 31, we allow only motorless designated areas of the refuge subject to the boats or boats with battery-powered electric following conditions: motors. Beginning August 1 through Decem- 1. We allow hunting only on designated ber 31, we allow only motorless boats and days. boats propelled with motors with a total of 2. We allow only nonmotorized boats or 10 horsepower or less. boats with electric motors on the refuge 7. Launch boats only from designated land- hunting area during the migratory waterfowl ings. hunting season. 8. Do not store boats of any kind on the B. Upland Game Hunting. We allow hunting refuge from January 1 through May 31. of quail and rabbit in accordance with State 9. We do not allow off-road vehicles on the and refuge-specific regulations on designated refuge. areas of the refuge subject to the following condition: We allow hunting of quail and rab- SHELDON NATIONAL WILDLIFE REFUGE bit only on designated days during the reg- A. Hunting of Migratory Game Birds. Hunt- ular State season for quail. ers may hunt geese, ducks, and coots on des- C. Big Game Hunting. [Reserved] ignated areas of the refuge in accordance D. Sport Fishing. Fishing is permitted on with State law and subject to the following designated areas of the refuge subject to the conditions: following conditions: 1. Waterfowl and coot hunters may possess 1. We allow fishing year round with excep- only approved nontoxic shot while in the tion of North Marsh, which we close October field. 1 to February 1. 2. Hunters may not use motorized boats. 2. Only non-motorized boats and boats with B. Upland Game Hunting. We allow hunting electric motors are permitted on Upper of quail, grouse, and partridge on designated Lake, Middle Pond and Lower Lake. areas of the refuge. 3. The use of boats, rubber rafts or other C. Big Game Hunting. We allow hunting of flotation devices is not permitted on North deer, pronghorn, and bighorn sheep on des- Marsh. ignated areas of the refuge. D. Sport Fishing. We allow fishing on des- RUBY LAKE NATIONAL WILDLIFE REFUGE ignated areas of the refuge subject to the fol- A. Hunting of Migratory Game Birds. We lowing conditions: allow hunting of geese, ducks, coots, 1. Anglers may only bank fish, fish by wad- moorhens, and snipe on designated areas of ing, or use boats with electric motors, float the refuge in accordance with State law and tubes or similar flotation devices in Big subject to the following conditions: Springs Reservoir, Duferrena Ponds, and 1. We do not allow off-road vehicles on the Catnip Reservoir. Anglers may not fish from refuge. other types of motorized boats. 2. We do not allow permanent and pit 2. We allow only individuals 12 years of age blinds. You must remove all blind materials or under, or 65 years of age or older, or dis- and decoys at the end of each hunting day. abled individuals to fish in McGee Pond. 3. The refuge is open to the public from 1 STILLWATER MANAGEMENT AREA hour before sunrise to 2 hours after sunset. B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. [Reserved] ing is allowed as per State law.
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B. Upland Game Hunting. Hunting is al- LAKE UMBAGOG NATIONAL WILDLIFE lowed as per State law. REFUGE C. Big Game Hunting. Hunting is allowed as per State law. A. Hunting of Migratory Game Birds. D. Sport Fishing. Sport fishing is allowed as We allow hunting of ducks, geese, com- per State law with certain restrictions as mon snipe, and woodcock on designated posted. areas of the refuge subject to the fol- lowing conditions: STILLWATER NATIONAL WILDLIFE REFUGE 1. You may possess only approved A. Hunting of Migratory Game Birds. Hunt- nontoxic shot while in the field. ing is allowed as per State law. 2. Designated permanent blinds will B. Upland Game Hunting. Hunting is al- be available by reservation. We will lowed as per State law. allow no other permanent blinds. You C. Big Game Hunting. Hunting is allowed as must remove your temporary blinds, per State law. boats, and decoys from the refuge fol- D. Sport Fishing. Sport fishing is allowed as lowing each day’s hunt. per State law with certain restrictions as 3. You must wear in a conspicuous posted. manner on the outermost layer of the [58 FR 5064, Jan. 19, 1993, as amended at 59 head, chest, and back, a minimum of 2 FR 6694, Feb. 11, 1994; 60 FR 62044, Dec. 4, 400 square inches (2,600 cm ) of solid- 1995; 61 FR 46397, Sept. 3, 1996; 62 FR 47380, colored hunter orange clothing or ma- Sept. 9, 1997; 63 FR 46919, Sept. 3, 1998; 65 FR terial, except when hunting ducks or 30786, May 12, 2000; 65 FR 56405, Sept. 18, 2000] geese. 4. You must unload all firearms out- § 32.48 New Hampshire. side of legal State hunting hours. 5. We prohibit use of all-terrain vehi- We have opened the following refuge cles (ATV’s). unit to hunting and/or fishing with ap- 6. We allow pre-hunt scouting, how- plicable refuge-specific regulations: ever, we do not permit dogs during pre- hunt scouts. GREAT BAY NATIONAL WILDLIFE REFUGE 7. We prohibit dog training. A. Hunting of Migratory Game Birds. 8. The refuge will be open to hunting We allow hunting of migratory game during the hours stipulated under New birds on designated areas of the refuge Hampshire hunting regulations, but no subject to the following conditions: longer than from 1⁄2 hour before legal 1 1. Waterfowl hunting will not require sunrise to ⁄2 hour after legal sunset. a permit. We will allow hunting only B. Upland Game Hunting. We allow from the immediate shoreline of the hunting of coyote, fisher, fox, raccoon, woodchuck, red squirrel, porcupine, Bay. skunk, weasel, American crow, mink, 2. We allow only portable blinds. You muskrat, snowshoe hare, ring-necked must remove all decoys, blinds, and pheasant, ruffed grouse, and northern boats after each day’s hunt. bobwhite in designated areas subject to 3. Waterfowl hunters may access the following conditions: shorelines by boat only. 1. You may possess only approved B. Upland Game Hunting. [Reserved] nontoxic shot while in the field. C. Big Game Hunting. We allow hunt- 2. You may only use pursuit or trail- ing of deer on designated areas of the ing dogs to hunt coyote or snowshoe refuge subject to the following condi- hare. tions: 3. We allow hunting of snowshoe hare 1. We require refuge permits for the from November 20 to January 1. deer hunt. 4. We allow hunting of coyote with 2. We require big game hunters to dogs from October 20 to November 9. 5. We allow a maximum of four dogs wear in a conspicuous manner on the per hunter. head, chest, and back, a minimum of 6. Dogs may only be on the refuge 2 400 square inches (2600 cm ) of solid-col- when the hunter is present. ored blaze-orange clothing or material. 7. You must equip dogs used to hunt 3. We allow only shotguns and bows. coyote with operational D. Sport Fishing. [Reserved] radiotelemetry collars. You must be in
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possession of a working radiotelemetry 400 square inches (2,600 cm2) of solid- receiver that can detect and track the colored hunter orange clothing or ma- frequency(ies) emitted by each radio terial. collar used. 11. You must unload all firearms out- 8. We do not allow hunting for coyote side of legal State hunting hours. and raccoon from 1⁄2 hour after sunset 12. We prohibit the use of all-terrain to 1⁄2 hour before sunrise. vehicles (ATV’s). 9. We allow pre-hunt scouting, how- 13. The refuge will be open to hunting ever, we will not allow dogs during pre- during the hours stipulated under New hunt scouts. Hampshire hunting regulations, but no 10. We prohibit dog training. longer than from 1⁄2 hour before legal 11. You must wear in a conspicuous sunrise to 1⁄2 hour after legal sunset. manner on the outermost layer of the D. Sport Fishing. [Reserved] head, chest, and back, a minimum of 400 square inches (2,600 cm2) of solid- [65 FR 30786, May 12, 2000, as amended at 65 colored hunter orange clothing or ma- FR 56405, Sept. 18, 2000] terial. § 32.49 New Jersey. 12. You must unload all firearms out- side of legal State hunting hours. The following refuge units have been 13. We prohibit the use of all-terrain opened to hunting and/or fishing, and vehicles (ATV’s). are listed in alphabetical order with 14. The refuge will be open to hunting applicable refuge-specific regulations.
during the hours stipulated under New CAPE MAY NATIONAL WILDLIFE REFUGE Hampshire hunting regulations, but no A. Hunting of Migratory Game Birds. Hunt- longer than from 1⁄2 hour before legal ing of waterfowl, coots, moorhens and rails, sunrise to 1⁄2 hour after legal sunset. common snipe, and woodcock is permitted in C. Big Game Hunting. We allow hunt- designated areas of the refuge subject to ing of white-tailed deer, moose, and State of New Jersey regulations and the fol- black bear on designated areas of the lowing special refuge conditions: refuge subject to the following condi- 1. All persons while hunting migratory tions: game birds, except waterfowl, must wear in a 1. We allow hunting of bear with dogs conspicuous manner on head, chest and back from October 20 to November 9. a minimum of 400 square inches of solid-col- 2. You must equip dogs used to hunt ored hunter orange clothing or material. bear with operational radiotelemetry 2. All hunting blind materials, boats, and decoys must be removed at the end of each collars. You must be in possession of a hunting day. Permanent and pit blinds are working radiotelemetry receiver that not permitted. can detect and track the frequency(ies) 3. The common snipe season on the refuge emitted by each radio collar used. begins with the early woodcock south zone 3. We allow a maximum of four dogs season. (The refuge common snipe season per hunter. will continue through the end of the State- 4. Dogs may only be on the refuge set common snipe season.) when the hunter is present. 4. You may possess only approved nontoxic shot while in the field. 5. You must take the first bear you B. Upland Game Hunting. [Reserved.] tree, except in the case of cubs or a sow C. Big Game Hunting. Hunting of white- with cubs. tailed deer is permitted on designated areas 6. You must report where you took of the refuge subject to the following condi- the bear to the State of New Hamp- tion: During the firearms big game season, shire. hunters must wear, in a conspicuous manner 7. We allow pre-hunt scouting, how- on head, chest and back, a minimum of 400 ever, we do not allow dogs during pre- square inches of solid-colored hunter orange hunt scouts. clothing or material. D. Sport Fishing. [Reserved.] 8. We prohibit dog training. 9. You may use only portable tree EDWIN B. FORSYTHE NATIONAL WILDLIFE stands, and you must remove them REFUGE from the refuge each day. A. Hunting of Migratory Game Birds. We 10. You must wear in a conspicuous allow hunting of waterfowl, coots, moorhens, manner on the outermost layer of the and rails on designated areas of the refuge head, chest, and back, a minimum of subject to the following conditions:
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1. You must remove all your hunting blind tract 122X locally known as the AT&T prop- materials, boats, and decoys at the end of erties. This area is closed to all public use. each hunting day. We do not allow perma- 4. We allow bank fishing and crabbing at nent and pit blinds. designated areas. Contact the Refuge Head- 2. We may restrict use of Hunting Unit 3 of quarters for locations. the Brigantine Division to certified Young Waterfowl Program trainees for up to 30 days GREAT SWAMP NATIONAL WILDLIFE REFUGE as posted. 3. You may not possess more than 25 shells A. Hunting of Migratory Game Birds. [Re- per day in Hunting Units A, B, and C in the served] Barnegat Division. You may not possess B. Upland Game Hunting. [Reserved]. more than 50 shells per day in Unit 1 of the C. Big Game Hunting. We allow hunting of Brigantine Division. deer on designated areas of the refuge sub- 4. In Hunting Unit B of the Barnegat Divi- ject to the following conditions: Hunters sion, we restrict hunting to designated sites, must comply with State laws governing spe- with each site limited to one party of hunt- cial deer permit hunts. ers. We require a minimum of six decoys per D. Sport Fishing. [Reserved] site. 5. In Hunting Unit D of the Barnegat Divi- SUPAWNA MEADOWS NATIONAL WILDLIFE sion, we require a minimum of six decoys REFUGE and do not allow jump shooting. Access is by boat only; we do not allow foot access. A. Hunting of Migratory Game Birds. Hunt- 6. Access is by boat only in all Units except ing of geese and ducks is permitted on des- the portion of Unit A that is south of West ignated areas of the refuge subject to the fol- Creek Dock Road, in the Barnegat Division, lowing conditions: and Unit 5 in the Brigantine Division. You 1. All goose and duck hunting will close may access these Units by foot or boat. after the last day of the regular duck season 7. You may occupy no sites or Units before for the south zone of New Jersey. 4:00 a.m. Access is by boat only. 8. You may possess only approved nontoxic 2. Snow goose hunting will begin with the shot while in the field. Canada goose season for the south zone of B. Upland Game Hunting. [Reserved] New Jersey only. C. Big Game Hunting. We allow hunting of 3. Loaded and uncased firearms are per- white-tailed deer on designated areas of the mitted in an unanchored boat only when re- refuge subject to the following conditions: trieving crippled birds. 1. We require a State permit for the appro- 4. All hunting blind materials, boats, and priate New Jersey Deer Management Zone. decoys must be removed at the end of each You must have this permit stamped and vali- hunting day. Permanent blinds are not per- dated in person at the Refuge Headquarters. mitted. 2. Refuge hunting hours are consistent 5. You may possess only approved nontoxic with State hunting hours. Hunters may shot while in the field. enter the refuge no earlier than two hours B. Upland Game Hunting. [Reserved] before shooting time and leave no later than one hour after the end of shooting hours. C. Big Game Hunting. Hunting of white- 3. Hunters during firearms big game season tailed deer is permitted on designated areas must wear in a conspicuous manner on head, of the refuge subject to the following condi- chest and back a minimum of 400 square tions: inches of solid-colored hunter orange cloth- 1. A State permit for the appropriate New ing or material. Jersey Deer Management Zone is required. D. Sport Fishing. We allow fishing on des- 2. In addition to the State permit, a Spe- ignated areas of the refuge subject to the fol- cial Use Deer Hunting Permit issued by the lowing conditions: refuge is required. 1. We allow saltwater fishing from the 3. All hunters must attend a refuge hunter Holgate beach and Little Beach Island with orientation session. the exception of those areas posted as closed. 4. Hunters during firearms big game season We may close the Holgate Unit and Little must wear in a conspicuous manner on head, Beach Island to all public use during the mi- chest and back a minimum of 400 square gratory bird nesting season. We require a saltwater fishing permit to fish from Little inches of solid-colored hunter orange cloth- Beach Island. You may obtain permits from ing or material. the Refuge Headquarters. 5. Single projectile ammunition may only 2. Boat and bank fishing are permitted in be used when hunting from a stand elevated and along Lily Lake. Boat ramp facilities at least six feet above ground level and only are not available; only cartop launches will in shotguns equipped with adjustable sights be permitted. or a scope. 3. Fishing, clamming and crabbing are not D. Sport Fishing. [Reserved] permitted from land or on any waters within
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WALLKILL RIVER NATIONAL WILDLIFE REFUGE 5. Hunting in Hunt Area B is permitted on all days within the State authorized season. A. Hunting of Migratory Game Birds. Hunt- ers may hunt migratory game birds on des- 6. Hunting in Hunt Area C is permitted ignated areas of the refuge subject to the fol- from mid-October through the end of Janu- lowing conditions: ary, on Tuesday, Thursday, and Saturday of 1. Hunters must be in possession of signed each week from one-half hour before sunrise refuge hunting permits at all times while to 1 p.m. Dove hunting is prohibited in Hunt hunting on the refuge. Area C. 2. Refuge hunting regulations, as listed in B. Upland Game Hunting. Hunting of pheas- the hunting leaflet for Wallkill River Na- ant, quail, cottontail, and jack rabbits is tional Wildlife Refuge, will be in effect. permitted on designated areas of the refuge 3. Shotgun hunters may possess only ap- subject to the following conditions: proved nontoxic shot while in the field. 1. You may possess only approved nontoxic B. Upland Game Hunting. [Reserved] shot while in the field. C. Big Game Hunting. Hunters may hunt 2. Hunting in Hunt Area B is permitted on white-tailed deer and wild turkeys on des- all days within the State authorized seasons. ignated areas of the refuge subject to the fol- 3. The hunting of rabbit and quail is pro- lowing conditions: hibited in Hunt Area C. 1. Hunters must sign and be in possession C. Big Game Hunting. Hunting of mule deer of refuge hunting permits at all times while and white-tailed deer is permitted on des- hunting on the refuge. ignated areas of the refuge. 2. Refuge hunting regulations, as listed in D. Sport Fishing. [Reserved] the hunting leaflet for Wallkill River Na- tional Wildlife Refuge, will be in effect. BOSQUE DEL APACHE NATIONAL WILDLIFE D. Sport Fishing. Anglers may sportfish on REFUGE designated areas of the refuge subject to the A. Hunting of Migratory Game Birds. We following conditions: allow hunting of mourning and white-winged 1. Anglers may fish from canoes or cartop doves on designated areas of the refuge sub- boats on the Wallkill River. ject to the following condition: You may pos- 2. Anglers must park in designated parking sess only approved nontoxic shot while in areas if accessing the Wallkill River through the field. refuge land. B. Upland Game Hunting. Hunting of quail 3. Anglers may not take frogs and/or tur- and cottontail rabbit is permitted on des- tles. ignated areas of the refuge subject to the fol- 4. Anglers may fish from sunrise to sunset. lowing conditions: [58 FR 5064, Jan. 19, 1993, as amended at 58 1. Only shotguns and bows and arrows are FR 29075, May 18, 1993; 59 FR 6686, Feb. 11, permitted. 1994; 59 FR 55187, Nov. 3, 1994; 60 FR 52868, 2. You may possess only approved nontoxic Oct. 11, 1995; 60 FR 62044, Dec. 4, 1995; 61 FR shot while in the field. 46397, Sept. 3, 1996; 62 FR 47380, Sept. 9, 1997; C. Big Game Hunting. Hunting of mule deer 63 FR 46919, Sept. 3, 1998; 65 FR 30787, May 12, is permitted on designated areas of the ref- 2000; 65 FR 56406, Sept. 18, 2000] uge subject to the following conditions: Per- mits are required for hunting in the § 32.50 New Mexico. Bottomlands Management Hunt Unit. The following refuge units have been D. Sport Fishing. Fishing is permitted on opened for hunting and/or fishing, and designated areas of the refuge subject to the are listed in alphabetical order with following conditions: applicable refuge-specific regulations. 1. Fishing is permitted from April 1 through September 30. BITTER LAKE NATIONAL WILDLIFE REFUGE 2. Fishing is permitted from 1 hour before sunrise until 1 hour after sunset. A. Hunting of Migratory Game Birds. Hunt- 3. Frogging and the use of trotlines, spears, ing of geese, ducks, coots, mourning doves bows and arrows, boats and other flotation and sandhill cranes is permitted on des- devices are not permitted. ignated areas of the refuge subject to the fol- lowing conditions: LAS VEGAS NATIONAL WILDLIFE REFUGE 1. Hunters may hunt for migratory game birds only on Tuesdays, Thursdays, and Sat- A. Hunting of Migratory Game Birds. Hunt- urdays of each week until 1 p.m. ing of mourning doves and Canada geese is 2. You may possess only approved nontoxic permitted on designated areas of the refuge shot while in the field. subject to the following conditions: 3. Pits and permanent blinds are not per- 1. Permits and payment of a fee are re- mitted. quired. 4. Neither hunters nor dogs may enter 2. You may possess only approved nontoxic closed areas to retrieve game. shot while in the field.
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3. Hunters age 17 and under must hunt § 32.51 New York. under the supervision of an adult age 21 or older. The following refuge units have been 4. Hunters or dogs may not enter closed opened for hunting and/or fishing, and areas to retrieve birds. are listed in alphabetical order with 5. Canada goose hunting is permitted only applicable refuge-specific regulations. on designated days of the week at certain hours as identified on the permit. AMAGANSETT NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- C. Big Game Hunting. [Reserved] served] D. Sport Fishing. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] MAXWELL NATIONAL WILDLIFE REFUGE D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from the refuge shoreline A. Hunting of Migratory Game Birds. [Re- in accordance with state regulations. served] B. Upland Game Hunting. [Reserved] ELIZABETH A. MORTON NATIONAL WILDLIFE C. Big Game Hunting. [Reserved] REFUGE D. Sport Fishing. Fishing is permitted on A. Hunting of Migratory Game Birds. [Re- designated areas of the refuge subject to the served] following conditions: B. Upland Game Hunting. [Reserved] 1. Fishing is permitted from noon March 1 C. Big Game Hunting. [Reserved] through October 31. D. Sport Fishing. Fishing is permitted on 2. Fishing is permitted only in Lakes 13 designated areas of the refuge subject to the and 14. following conditions: 3. Boats are permitted on Lakes 13 and 14 1. Fishing is permitted only on the beach only during the fishing season. and in areas not designated as closed. 2. Fishing is permitted only during day- 4. Fishing is not permitted within 150 feet light hours. of headgates. IROQUOIS NATIONAL WILDLIFE REFUGE SAN ANDRES NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. Hunt- A. Hunting of Migratory Game Birds. [Re- ing of migratory game birds is permitted on served] designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. We allow hunting of 1. We require refuge permits. oryx or gemsbok (Oryx gazella) on designated 2. Completion of the State waterfowl iden- areas of the refuge subject to the following tification course is required. conditions: 3. Waterfowl hunters may not possess more 1. We require hunters to check in and out than 20 shells per day. of the hunt area. 4. Waterfowl hunters must provide and use 2. We require hunters to attend unexploded a minimum of six decoys per hunter. ordnance (UXO) training prior to entering 5. Waterfowl hunting is permitted from the hunt area. designated stands only, with a maximum of 3. We require State permits and payment three hunters per stand. of a hunt fee. 6. Hunting must occur within 50 feet of a D. Sport Fishing. [Reserved] stand marker, unless actively pursuing crip- pled birds. SEVILLETA NATIONAL WILDLIFE REFUGE 7. You may possess only approved nontoxic shot while in the field. A. Hunting of Migratory Game Birds. Hunt- B. Hunting of Upland Game. Hunting of up- ing of mourning and white-winged doves, land game birds, small game mammals, le- geese, ducks and coots is permitted on des- gally hunted furbearers and unprotected ignated areas of the refuge subject to the fol- wildlife is permitted on designated areas of lowing conditions: the refuge subject to the following condi- 1. Hunters or dogs may not enter closed tions: areas to retrieve birds. 1. We require refuge permits. 2. Permanent blinds are not permitted. 2. Hunting is not permitted from March 1 B. Upland Game Hunting. [Reserved] through September 30. C. Big Game Hunting. [Reserved] 3. Hunters during firearms big game season D. Sport Fishing. [Reserved] must wear in a conspicuous manner on head, chest and back a minimum of 400 square [58 FR 5064, Jan. 19, 1993, as amended at 59 inches of solid-colored hunter orange cloth- FR 6694, Feb. 11, 1994; 60 FR 62045, Dec. 4, ing or material. 1995; 61 FR 46397, Sept. 3, 1996; 65 FR 30787, 4. Shotgun hunters may possess only ap- May 12, 2000; 65 FR 56406, Sept. 18, 2000] proved nontoxic shot while in the field.
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C. Big Game Hunting. We allow hunting of 6. All bows must be disassembled, locked, deer and turkeys on designated areas of the or cased before legal sunrise and after legal refuge subject to the following condition: We sunset. require refuge permits. 7. Hunters during the refuge firearms sea- D. Sport Fishing. Fishing is permitted on son, must wear in a conspicuous manner on designated areas of the refuge subject to the head, chest and back a minimum of 400 following conditions: square inches of solid-colored hunter orange 1. Fishing is permitted only during day- clothing or material. light hours. D. Sport Fishing. Anglers may access the 2. Fishing is permitted from July 15 New York State Barge Canal System waters through September 30 and from December 1 at only three sites on the refuge: the Seneca through the end of February with the excep- River Fishing Access Site, the May’s Point tion that fishing is permitted at all times in Fishing Area, and the Armitage Road Fish- Feeder Canal and Oak Orchard Creek. ing Area. Anglers may either bank fish or 3. Ice fishing is permitted on Ringneck, boat fish, in accordance with state regula- Schoolhouse and Center Marshes only from tions. December 15 through the last day of Feb- ruary when conditions are safe. OYSTER BAY NATIONAL WILDLIFE REFUGE 4. We do not allow the use of boats or other A. Hunting of Migratory Game Birds. [Re- flotation devices with the exception that you served] may use nonmotorized boats on Oak Orchard B. Upland Game Hunting. [Reserved] Creek east of Route 63. C. Big Game Hunting. [Reserved] 5. Boats, structures or other equipment D. Sport Fishing. Anglers may fish in ref- must be removed from the refuge after the uge-controlled waters of Oyster Bay. Anglers completion of the day’s fishing activities. may also fish from designated areas on the refuge shoreline at Mill Pond during day- MONTEZUMA NATIONAL WILDLIFE REFUGE light hours. All fishing within the refuge is A. Hunting of Migratory Game Birds. Hunt- in accordance with state regulations. ing of waterfowl is permitted on designated SEATUCK NATIONAL WILDLIFE REFUGE areas of the refuge subject to the following conditions: A. Hunting of Migratory Game Birds. [Re- 1. Permits/reservations are required. served] 2. Hunting is permitted only on Tuesdays, B. Upland Game Hunting. [Reserved] Thursdays and Saturdays during established C. Big Game Hunting. [Reserved] refuge seasons set within the New York D. Sport Fishing. Anglers may fish in ref- State western zone seasons. uge-controlled waters of Great South Bay 3. Each hunter shall not have more than 15 from boats only. All fishing is in accordance steel shot shells in his/her possession. with state regulations. 4. Only motorless boats are permitted on the refuge hunting area. TARGET ROCK NATIONAL WILDLIFE REFUGE 5. Completion of the New York State Wa- A. Hunting of Migratory Game Birds. [Re- terfowl Identification Course is required. served] 6. Hunting ends each day at 12 noon local B. Upland Game Hunting. [Reserved] time. C. Big Game Hunting. [Reserved] All hunters must check out at the Route 89 D. Sport Fishing. Anglers may fish in Hun- Check Station by 1:00 p.m. local time. tington Bay from the refuge shoreline when B. Upland Game Hunting. [Reserved] the refuge is open to visitors. All fishing is C. Big Game Hunting. Hunting of deer is in accordance with state regulations. permitted on designated areas of the refuge subject to the following conditions: WERTHEIM NATIONAL WILDLIFE REFUGE 1. All hunters must possess and return at A. Hunting of Migratory Game Birds. [Re- day’s end a valid daily hunt permit card. served] 2. Hunting of deer is permitted on des- B. Upland Game Hunting. [Reserved] ignated portions of the refuge by archery, C. Big Game Hunting. [Reserved] shotgun, or muzzleloader only during estab- D. Sport Fishing. Fishing is permitted on lished refuge seasons set within the general designated areas of the refuge subject to the State deer season. following conditions: 3. Hunters are permitted on the refuge one 1. Shore and boat fishing is permitted on hour before legal sunrise and one hour after that portion of the Carmans River between legal sunset. Sunrise and Montauk Highways. 4. Only portable tree stands may be used 2. Only boat fishing is permitted from and must be removed from the refuge each Montauk Highway south to the mouth of the day. Carmans River. 5. All firearms must be unloaded before 3. Fishing is permitted only during day- legal sunrise and after legal sunset. light hours.
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4. Spearfishing and taking of baitfish and 2. Hunting must be from assigned blind lo- frogs is not permitted. cation. [58 FR 5064, Jan. 19, 1993, as amended at 58 3. We allow hunting on Wednesdays and FR 29076, May 18, 1993; 59 FR 6695, Feb. 11, Saturdays during the North Carolina water- 1994; 60 FR 62045, Dec. 4, 1995; 63 FR 46919, fowl season. 1 Sept. 3, 1998; 65 FR 30787, May 12, 2000; 65 FR 4. We allow hunting from ⁄2 hour before 56406, Sept. 18, 2000] sunrise to 1 p.m. 5. We allow access 11⁄2 hours before legal § 32.52 North Carolina. shooting time, and all parties must be off the refuge by 3 p.m. The following refuge units have been B. Upland Game Hunting. [Reserved] opened to hunting and/or fishing, and C. Big Game Hunting. [Reserved] are listed in alphabetical order with D. Sport Fishing. [Reserved] applicable refuge-specific regulations. GREAT DISMAL SWAMP NATIONAL WILDLIFE ALLIGATOR RIVER NATIONAL WILDLIFE REFUGE REFUGE Refer to § 32.66 Virginia for regulations. A. Hunting of Migratory Game Birds. Hunt- ing of swans, geese, ducks, coots, snipe, MACKAY ISLAND NATIONAL WILDLIFE REFUGE mourning doves and woodcock is permitted A. Hunting of Migratory Game Birds. [Re- on designated areas of the refuge subject to served] the following condition: Permits are re- B. Upland Game Hunting. [Reserved] quired. C. Big Game Hunting. Hunting of deer is B. Upland Game Hunting. Hunting of squir- permitted on designated areas of the refuge rel, rabbit, quail, raccoon and opossum is subject to the following condition: Permits permitted on designated areas of the refuge are required. subject to the following condition: Permits D. Sport Fishing. Fishing is permitted on are required. designated areas of the refuge subject to the C. Big Game Hunting. Hunting of white- following conditions: tailed deer is permitted on designated areas 1. Fishing is permitted only from sunrise of the refuge subject to the following condi- to sunset from March 15 through October 15 tion: Permits are required. D. Sport Fishing. Fishing and frogging are with the exception that bank fishing is per- permitted on designated areas of the refuge mitted in Corey’s Ditch and the canal adja- subject to the following conditions: cent to the Knotts Island Causeway year- 1. Fishing is permitted year-round only round. from sunrise to sunset. 2. All fishing lines must be attended. 2. Only the use of pole and line, rod and 3. Airboats are not permitted. reel or cast net is permitted. MATTAMUSKEET NATIONAL WILDLIFE REFUGE 3. A permit is required for night fishing. 4. Frogs may be taken by the use of frog A. Hunting of Migratory Game Birds. We gigs only. A permit is required. allow hunting of swans, geese, ducks, and coots on designated areas of the refuge sub- CEDAR ISLAND NATIONAL WILDLIFE REFUGE ject to the following conditions: A. Hunting of Migratory Game Birds. Hunt- 1. We require permits. ing of ducks and coots is permitted on des- 2. We allow taking of Canada geese only ignated areas of the refuge subject to the fol- during the special September season for resi- lowing conditions: dent Canada geese. 1. You may possess only approved nontoxic 3. Any person entering, using, or occupying shot while in the field. the refuge for hunting must abide by all the 2. Only portable blinds are permitted. terms and conditions in the refuge hunting 3. Blinds must be removed from the refuge brochure. following each day’s hunt. B. Upland Game Hunting. [Reserved] 4. Ducks and coots may be taken only dur- C. Big Game Hunting. Hunters may hunt ing the State waterfowl seasons occurring white-tailed deer on designated areas of the during November, December and January. refuge subject to the following condition: B. Upland Game Hunting. [Reserved] 1. Hunters must possess a refuge permit. C. Big Game Hunting. [Reserved] 2. Any person entering, using, or occupying D. Sport Fishing. [Reserved] the refuge for hunting must abide by all the terms and conditions in the refuge hunting CURRITUCK NATIONAL WILDLIFE REFUGE brochure. A. Hunting of Migratory Game Birds. We D. Sport Fishing. We allow fishing and crab- allow hunting of swans, geese, ducks, and bing on designated areas of the refuge sub- coots on designated areas of the refuge sub- ject to the following conditions: ject to the following conditions: 1. We allow fishing and crabbing from 1. We require permits. March 1 through November 1 from 1⁄2 hour
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before sunrise to 1⁄2 hour after sunset or as 4. Fishermen may not possess or use of posted. trotlines, set hooks, gigs, yo-yo’s, jug-lines, 2. We allow bank fishing and crabbing limblines, nets, seines, fish traps, and other year-round along Highway 94 Causeway and similar equipment on the refuge. in the immediate vicinity of the Lake Land- 5. Fishermen may not possess or use min- ing water control structure, the Rose Bay nows as bait on the refuge. water control structure, and the Outfall 6. Fishermen may not frog or turtle on the Canal water control structure. Other areas refuge. open to this activity are the Central Canal 7. The refuge may close certain fishing and East and West Main Canal as signed. We areas at anytime for management purposes. allow bank fishing and crabbing from 1⁄2 hour POCOSIN LAKES NATIONAL WILDLIFE REFUGE before sunrise to 1⁄2 hour after sunset except that the Highway 94 Causeway is open to A. Hunting of Migratory Game Birds. We fishing and crabbing 24 hours per day. allow hunting of ducks, snow geese, swans, 3. You may not dip herring (alewife). doves, woodcock, rails, and snipe on des- 4. You must attend all fish lines and crab- ignated areas of the refuge subject to the fol- bing equipment. We restrict crabbing equip- lowing conditions: ment to 5 handlines and/or hand-activated 1. We allow access 11⁄2 hours before and traps per person. The catch/possession limit after legal shooting time. is 12 blue crabs per day per person. 2. Firearms in transport by vehicle or boat 5. We do not permit airboats, sailboats, under power must remain unloaded. wind surfers, and personal watercraft. 3. We allow only portable blinds and tem- 6. We prohibit bank fishing along the en- porary blinds constructed of natural mate- trance road from Highway 94 to the Refuge rials. We require removal of portable blinds Headquarters. following each day’s hunt. 4. We allow hunting during the State sea- PEA ISLAND NATIONAL WILDLIFE REFUGE son. B. Upland Game Hunting. We allow hunting A. Hunting of Migratory Game Birds. [Re- of quail, squirrel, raccoon, opossum, rabbit, served] and fox on designated areas of the refuge B. Upland Game Hunting. [Reserved] subject to the following conditions: C. Big Game Hunting. [Reserved] 1. We require permits for any night hunt- D. Sport Fishing. Fishing and crabbing are ing. permitted on designated areas of the refuge 2. We allow access 11⁄2 hours before and subject to the following condition: Fishing after legal shooting time. and crabbing are prohibited in North Pond, 3. Firearms in transport by a vehicle or South Pond and Newfield impoundments. boat under power must remain unloaded. 4. We allow hunting during the State sea- PEE DEE NATIONAL WILDLIFE REFUGE son except we will close opossum and rac- A. Hunting of Migratory Game Birds. Hunt- coon hunting during the State bear season ers may hunt mourning doves on designated including 5 days before and after that season. areas of the refuge subject to the following 5. You must wear 500 square inches (3250 2 condition: cm ) of fluorescent orange material above the waist, visible from all directions. 1. Hunters must possess a refuge permit. 6. We prohibit possession of buckshot or B. Upland Game Hunting. Hunters may hunt slugs while hunting with dogs. quail, squirrel, rabbit, raccoon and opossum 7. You may use only shotguns and/or .22 on designated areas of the refuge subject to caliber rim-fire rifles for upland game hunts. the following condition: 8. You may possess only approved nontoxic 1. Hunters must possess a refuge permit. shot while in the field on designated areas of C. Big Game Hunting. Hunters may hunt the refuge. white-tailed deer on designated areas of the C. Big Game Hunting. We allow hunting of refuge subject to the following condition: white-tailed deer on designated areas of the 1. Hunters always must possess a refuge refuge subject to the following conditions: permit and a special quota permit for gun 1. You must wear 500 square inches (3250 deer hunts. cm2) of fluorescent orange material above D. Sport Fishing. Fishermen may fish in the waist visible from all directions during designated waters of the refuge subject to the muzzle loading and gun seasons. the following conditions: 2. We allow only shotguns, muzzle-loaders, 1. Fishermen may fish with a pole and line and bow and arrow for big game hunts. or rod and reel from March 15 to October 15 3. Firearms in transport by a vehicle or during daylight hours only. boat under power must remain unloaded. 2. Fishermen may use boats in Andrews 4. We allow access 11⁄2 hours before and Pond, Beaver Ponds, and Arrowhead Lake after legal shooting time. only. 5. We allow hunting during the State sea- 3. Fishermen may only use electric motors son. in refuge waters. 6. We do not allow dogs.
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7. You must remove all stands from the 4. Ducks and coots may be taken only dur- refuge following each day’s hunt. We pro- ing the State waterfowl seasons occurring hibit the construction or use of permanent during November, December and January. stands, blinds, platforms, or ladders. [58 FR 5064, Jan. 19, 1993, as amended at 58 8. We allow archery hunting on the Pungo FR 29076, May 18, 1993; 58 FR 29085, May 18, Unit during the regular State archery season 1993; 59 FR 6695, Feb. 11, 1994; 59 FR 55187, and from November 1 through 30. State bag Nov. 3, 1994; 60 FR 62045, Dec. 4, 1995; 61 FR limits apply. 46397, Sept. 3, 1996; 63 FR 46919, Sept. 3, 1998; 9. We allow shotgun and muzzle-loaders on 65 FR 30787, May 12, 2000; 65 FR 56406, Sept. the Pungo Unit subject to the following con- 18, 2000] ditions: We require permits and allow access 1 hour § 32.53 North Dakota. before and after legal shooting time. The following refuge units have been D. Sport Fishing. Anglers may fish in des- opened for hunting and/or fishing, and ignated areas of the refuge subject to the fol- are listed in alphabetical order with lowing conditions: applicable refuge-specific regulations. 1. The refuge portion of New Lake and the Pungo Lake is open to fishing from March 1 ARROWWOOD NATIONAL WILDLIFE REFUGE to November 1. The public may not access A. Hunting of Migratory Game Birds. [Re- the refuge portion of New Lake and Pungo served] Unit during the period from November 2 to B. Upland Game Hunting. Hunting of pheas- the end of February. Anglers may fish in all ant, sharp-tailed grouse, partridge, rabbit other refuge waters year round. and fox is permitted on designated areas of 2. Anglers may bank fish only in the Pungo the refuge subject to the following condi- Unit. tions: 3. Anglers may only fish from sunrise to 1. Hunting is permitted from December 1st sunset. through the end of the regular seasons. 2. You may possess only approved nontoxic 4. Boats may not be left on the refuge over- shot while in the field. night. C. Big Game Hunting. Hunting of deer is permitted on designated areas subject to the ROANOKE RIVER NATIONAL WILDLIFE REFUGE following condition: Permits are required. A. Hunting of Migratory Game Birds. We D. Sport Fishing. Anglers may sport fish in allow hunting of ducks and coots on des- accordance with state law and refuge restric- ignated areas of the refuge subject to the fol- tions as posted. lowing condition: We require refuge permits. AUDUBON NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. We allow hunting of squirrel, raccoon, and opossum on des- A. Hunting of Migratory Game Birds. [Re- ignated areas of the refuge subject to the fol- served] lowing conditions: B. Upland Game Hunting. We allow hunting of ring-necked pheasant, gray partridge, and 1. We require refuge permits. sharp-tailed grouse on designated areas of 2. You may possess only approved nontoxic the refuge subject to State regulations with shot while in the field. refuge restrictions as posted. C. Big Game Hunting. Hunting of white- C. Big Game Hunting. We allow hunting of tailed deer and turkey is permitted on des- white-tailed and mule deer on designated ignated areas of the refuge subject to the fol- areas of the refuge subject to State regula- lowing condition: Permits are required. tions with refuge restrictions as posted. D. Sport Fishing. [Reserved] D. Sport Fishing. We allow ice fishing on designated areas of the refuge subject to SWANQUARTER NATIONAL WILDLIFE REFUGE State regulations with refuge restrictions as posted. A. Hunting of Migratory Game Birds. Hunt- ing of ducks and coots is permitted on des- CHASE LAKE NATIONAL WILDLIFE REFUGE ignated areas of the refuge subject to the fol- A. Hunting of Migratory Game Birds. [Re- lowing conditions: served] 1. You may possess only approved nontoxic B. Upland Game Hunting. [Reserved] shot while in the field. C. Big Game Hunting. Hunting of deer is 2. Only portable blinds are permitted. permitted on designated areas of the refuge 3. Blinds must be removed from the refuge subject to the following condition: Archery following each day’s hunt. hunting is permitted through the day before
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the opening of the State waterfowl season, 2. Waterfowl and coot hunters may possess and it is permitted following the deer gun only approved nontoxic shot while in the season. field. D. Sport Fishing. [Reserved] B. Upland Game Hunting. We allow hunting of upland game and fox on designated areas DES LACS NATIONAL WILDLIFE REFUGE of the refuge subject to the following condi- tion: You may possess only approved A. Hunting of Migratory Game Birds. [Re- nontoxic shot while in the field. served] C. Big Game Hunting. Hunting of deer is B. Upland Game Hunting. Hunters may hunt permitted on designated areas of the refuge ringnecked pheasants, sharp-tailed grouse, subject to the following conditions: gray partridge, turkey, cottontail rabbit, 1. Only archery hunting is permitted on jackrabbits, snowshoe hares and fox on des- the refuge’s Special Archery Unit. ignated areas of the refuge subject to the fol- 2. Only portable devices or natural mate- lowing conditions: rials for temporary blinds and tree stands 1. You may possess only approved nontoxic are permitted. shot while in the field. D. Sport Fishing. [Reserved] 2. You may use falconry for upland game hunting. LAKE ILO NATIONAL WILDLIFE REFUGE 3. Upland game birds and rabbit shotgun A. Hunting of Migratory Game Birds. [Re- season is from December 1 through the end served.] of the State season. B. Upland Game Hunting. [Reserved.] 4. The upland game bird and rabbit fal- C. Big Game Hunting. [Reserved.] conry season is from December 1 through D. Sport Fishing. We allow sport fishing on March 31. designated areas of the refuge subject to C. Big Game Hunting. Hunters may hunt State regulations with refuge restrictions as deer on designated areas of the refuge sub- posted. ject to the following condition: 1. Archers may hunt throughout the entire LAKE NETTIE NATIONAL WILDLIFE REFUGE State archery season. A. Hunting of Migratory Game Birds. [Re- 2. Deer hunting with rifle and muzzleloader served] is subject to all State regulations and license B. Upland Game Hunting. [Reserved] units. C. Big Game Hunting. We allow hunting of D. Sport Fishing. [Reserved] white-tailed and mule deer on designated areas of the refuge subject to State regula- J. CLARK SALYER NATIONAL WILDLIFE REFUGE tions with refuge restrictions as posted. A. Hunting of Migratory Game Birds. We D. Sport Fishing. [Reserved] allow hunting of geese, ducks, and coots on LAKE ZAHL NATIONAL WILDLIFE REFUGE designated areas of the refuge. B. Upland Game Hunting. We allow hunting A. Hunting of Migratory Game Birds. [Re- of pheasant, partridge, grouse, turkey, and served] fox on designated areas of the refuge subject B. Upland Game Hunting. We allow hunting to the following conditions: of ring-necked pheasants, sharp-tailed 1. Fox hunting opens annually on the day grouse, and gray partridge on designated following the close of the regular firearm areas of the refuge subject to the following deer season and closes on March 31. conditions: 2. We close fox hunting from 1⁄2 hour after 1. You may possess only approved nontoxic sunset until 1⁄2 hour before sunrise. shot while in the field. 3. You may possess only approved nontoxic 2. The upland game bird season opens an- shot while in the field. nually on the day following the close of the C. Big Game Hunting. We allow hunting of regular firearm deer season through the end white-tailed deer on designated areas of the of the State season. refuge subject to the following condition: We 3. Hunters may enter the refuge on foot require permits. only. C. Big Game Hunting. We allow hunting of D. Sport Fishing. We allow sport fishing on deer on designated areas of the refuge sub- designated areas of the refuge as per State ject to the following conditions: law with certain restrictions as posted. 1. We allow archery hunting through the LAKE ALICE NATIONAL WILDLIFE REFUGE day before the opening of the State water- fowl season and allow it following the deer A. Hunting of Migratory Game Birds. Hunt- gun season. ing of geese, ducks, coots and mourning 2. We allow deer gun hunting concurrent doves is permitted on designated areas of the with the State deer gun season. refuge subject to the following conditions: 3. Hunters may enter the refuge on foot 1. Possession of firearms in retrieving only. zones is prohibited. D. Sport Fishing. [Reserved]
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LONG LAKE NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved.] C. Big Game Hunting. The refuge is open to A. Hunting of Migratory Game Birds. [Re- the hunting of deer only during the State served] firearms deer season. Archery hunting is B. Upland Game Hunting. Hunting of ring- open from the opening of the firearms season necked pheasant, sharp-tailed grouse and until the close of the State archery season. gray partridge is permitted on designated All State regulations pertaining to archery areas of the refuge subject to the following and firearms deer hunting apply. conditions: D. Sport Fishing. [Reserved.] 1. You may possess only approved nontoxic shot while in the field. SIBLEY LAKE NATIONAL WILDLIFE REFUGE 2. Upland gamebird season is from Decem- ber 1 through the end of the State season. A. Hunting of Migratory Game Birds. [Re- C. Big Game Hunting. Hunting of deer only served] is permitted on designated areas of the ref- B. Upland Game Hunting. [Reserved] uge subject to the following conditions: C. Big Game Hunting. Hunting of white- 1. Hunters must enter the refuge on foot tailed deer is permitted on designated areas only. of the refuge subject to the following condi- 2. Archery hunting is not allowed during tion: Permits are required. the firearm deer season. D. Sport Fishing. [Reserved] D. Sport Fishing. Fishing is permitted on SLADE NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the following conditions: A. Hunting of Migratory Game Birds. [Re- 1. Bank fishing is restricted to public use served] areas on Unit 1, Unit 2, and Long Lake B. Upland Game Hunting. [Reserved] Creek. C. Big Game Hunting. Deer hunting is per- 2. Boat fishing is restricted to Unit 1. mitted on designated areas of the refuge sub- 3. Boats are restricted to 25 HP maximum. ject to the following conditions: 4. Boats are restricted to the period from 1. Hunters may enter the refuge on foot May 1 through September 30. only. 5. Ice fishing is restricted to Unit 1. 2. Archery hunting is not allowed during 6. Ice houses must be removed by March 1 the firearm deer season. annually. D. Sport Fishing. [Reserved]
LOSTWOOD NATIONAL WILDLIFE REFUGE STEWART LAKE NATIONAL WILDLIFE REFUGE A. Hunting f Migratory Game Birds. [Re- A. Hunting of Migratory Game Birds. [Re- served] served] B. Upland Game Hunting. Hunting of par- B. Upland Game Hunting. [Reserved] tridge and sharp-tailed grouse is permitted C. Big Game Hunting. [Reserved] on designated areas of the refuge subject to D. Sport Fishing. We allow fishing on the the following conditions: designated area subject to all State regula- 1. Hunting is not permitted on the portion tions. of the refuge south of Highway 50 during the TEWAUKON NATIONAL WILDLIFE REFUGE State deer gun season. 2. Hunting is permitted on the portion of A. Hunting of Migratory Game Birds. [Re- the refuge north of Highway 50 only after the served] close of the State deer gun season. B. Updland Game Hunting. We allow hunt- 3. You may possess only approved nontoxic ing of ring-necked pheasants on designated shot while in the field. areas of the refuge as per State law with cer- C. Big Game Hunting. Hunting of deer only tain restrictions as posted. is permitted on designated areas of the ref- C. Big Game Hunting. We allow hunting of uge subject to the following conditions: white-tailed deer on designated areas of the 1. Refuge and State permits are required refuge as per State law with certain restric- for the first one and one half days of the tions as posted. State gun season. D. Sport Fishing. We allow sport fishing on 2. Only persons with valid permits are per- designated areas of the refuge as per State mitted on the refuge during the first one and law with certain restrictions as posted. one half days of the season. 3. Archery hunting is permitted through UPPER SOURIS NATIONAL WILDLIFE REFUGE the day before the opening of the State wa- A. Hunting of Migratory Game Birds. [Re- terfowl season, and it is permitted following served] the deer gun season. B. Upland Game Hunting. We allow hunting D. Sport Fishing. [Reserved] of upland game birds with approved nontoxic shot on designated areas of the refuge as per ROCK LAKE NATIONAL WILDLIFE REFUGE State law with certain restrictions as posted. A. Hunting of Migratory Game Birds. [Re- C. Big Game Hunting. We allow hunting of served.] big game on designated areas of the refuge as
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per State law with certain restrictions as DEEP FORK NATIONAL WILDLIFE REFUGE posted. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. We allow fishing on des- served] ignated areas of the refuge as per State law B. Upland Game Hunting. Hunters may hunt with certain restrictions as posted. rabbits, squirrels and raccoons on portions of [58 FR 5064, Jan. 19, 1993, as amended at 58 the refuge in accordance with state hunting FR 29085, May 18, 1993; 59 FR 6686, Feb. 11, regulations subject to the following excep- 1994; 59 FR 55187, 55191, Nov. 3, 1994; 60 FR tions and conditions: 62045, Dec. 4, 1995; 63 FR 46919, Sept. 3, 1998; 1. Hunters may hunt squirrels on portions 65 FR 30788, May 12, 2000; 65 FR 56407, Sept. of Deep Fork National Wildlife Refuge dur- 18, 2000] ing the state season except the refuge is closed during the first half of archery deer § 32.54 Ohio. season through rifle deer season and spring turkey season. The following refuge units have been 2. Hunters may hunt rabbits on portions of opened to hunting and/or fishing, and Deep Fork National Wildlife Refuge during are listed in alphabetical order with the state season except it is closed from the applicable refuge-specific regulations. beginning of the archery deer season until after rifle deer season. CEDAR POINT NATIONAL WILDLIFE REFUGE 3. You may use only shotguns with #4 or A. Hunting of Migratory Game Birds. [Re- smaller shot. You may possess only approved served] nontoxic shot while in the field. B. Upland Game Hunting. [Reserved] 4. The refuge leaflet designates all hunting C. Big Game Hunting. [Reserved] and parking areas. D. Sport Fishing. We allow sport fishing on 5. Hunters may hunt raccoons on portions designated areas of the refuge subject to the of Deep Fork National Wildlife Refuge dur- following conditions: ing January. Refuge permits required. Dogs 1. You may fish only during daylight hours allowed. Raccoon hunters may use mules during designated dates. only in one area as designated on refuge per- 2. We do not allow boats or flotation de- mit. C. Big Game Hunting. Hunters may hunt vices. white-tailed deer on designated portions of OTTAWA NATIONAL WILDLIFE REFUGE Deep Fork NWR subject to the following con- ditions: A. Hunting of Migratory Game Birds. We 1. Hunters must pay fees and obtain a ref- allow hunting of geese and ducks on des- uge permit. ignated areas of the refuge subject to the fol- 2. Hunters must not drive off designated lowing conditions: refuge roads. 1. We require permits. 3. Each hunter entering the refuge must 2. You may possess only approved nontoxic possess a refuge permit. shot while in the field. D. Sport Fishing. Sport fishing for channel B. Upland Game Hunting. [Reserved] catfish, flathead catfish, blue catfish, C. Big Game Hunting. We allow hunting of crappie, white bass, large mouth bass and white-tailed deer on designated areas of the other species is permitted on designated refuge subject to the following conditions: areas of the refuge in accordance with State 1. We require permits. regulations and pursuant to the following 2. You must check in and out of the refuge special refuge conditions: each day that you hunt. 1. Bank fishing is permitted year-round on 3. You may not shoot from refuge roads. the Deep Fork River. Bank fishing with pole D. Sport Fishing. We allow sport fishing on and line is permitted from March 1 through designated areas of the refuge subject to the September 30 on the sloughs separated from following conditions: the Deep Fork River. 1. We allow fishing during daylight hours 2. Boats may be launched on the refuge only and during designated dates. from access points designated in the refuge 2. We do not allow boats or flotation de- leaflet. Only small boats or canoes will be vices. permitted on the refuge. [58 FR 5064, Jan. 19, 1993, as amended at 60 3. The use of firearms is prohibited. FR 61492, Nov. 30, 1995; 65 FR 30789, May 12, LITTLE RIVER NATIONAL WILDLIFE REFUGE 2000; 65 FR 56407, Sept. 18, 2000] A. Hunting of Migratory Game Birds. Hunt- § 32.55 Oklahoma. ers may hunt waterfowl (ducks) on des- ignated areas of the refuge subject to the fol- The following refuge units have been lowing conditions: opened for hunting and/or fishing, and 1. Prohibited off-road vehicle use. are listed in alphabetical order with 2. Hunters may not build permanent applicable refuge-specific regulations. blinds.
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3. Hunters may hunt only from one-half 1. You may possess only approved nontoxic hour before sunrise until noon each day. shot while in the field. 4. You must possess a refuge permit. 2. Hunters are required to check in and out 5. Hunters may hunt waterfowl (ducks) of the refuge. only during designated refuge seasons. 3. Hunting ends at noon. B. Upland Game Hunting. Hunters may hunt C. Big Game Hunting. Hunting of white- squirrel, rabbit, turkey and raccoon on des- tailed deer is permitted on designated areas ignated areas of the refuge subject to the fol- of the refuge subject to the following condi- lowing conditions: tion: Permits and payment of a fee are re- 1. Turkey hunters must obtain permits and quired. pay fees. D. Sport Fishing. Fishing is permitted on 2. Prohibited off-road vehicle use. designated areas of the refuge subject to the 3. Hunters may hunt upland game only following conditions: during designated refuge seasons. 1. Designated areas of the Great Salt 4. You may possess only approved nontoxic Plains Reservoir are closed. shot while in the field. 2. Fishing is permitted from April 1 5. You must possess a refuge permit. through October 15. C. Big Game Hunting. Hunters may hunt 3. Trotlines are not permitted within 500 deer on designated areas of the refuge sub- feet of the shoreline of the Jet Recreation ject to the following conditions: Area. 1. Hunters must obtain permits and pay 4. Posts used to secure or anchor trotlines fees. must reach a minimum of two feet above the 2. Prohibited off-road vehicle use. water surface and must be marked so that D. Sport Fishing. We allow fishing on des- they are clearly visible to boaters. ignated areas of the refuge. 5. Taking any type of bait from refuge 1. We prohibit off-road vehicle use. lands or waters is not permitted. 2. You must possess a refuge permit. SEQUOYAH NATIONAL WILDLIFE REFUGE OPTIMA NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. Hunt- A. Hunting of Migratory Game Birds. Hunt- ers may hunt waterfowl, dove, coots, rail, ing of mourning doves is permitted on des- snipe and woodcock on designated areas of ignated areas of the refuge. the refuge subject to the following condi- B. Upland Game Hunting. Hunters may hunt tions: pheasants, bobwhite and scaled quail, cot- 1. The Sequoyah National Wildlife Refuge tontail rabbit and jackrabbit on the refuge is open during seasons, dates, and times as in accordance with State hunting regula- posted by signs and/or indicated on refuge tions subject to the following conditions: leaflets, special regulations, permits, and 1. Only shotguns are permitted. maps. 2. Closed during the State gun deer season. 2. You may possess only approved nontoxic 3. Hunting ends at 4:30 p.m. daily. shot while in the field. C. Big Game Hunting. Hunters may hunt 3. Hunters may not build pits or permanent white-tailed deer, mule deer and turkey on blinds. the refuge in accordance with State hunting 4. Neither hunters nor dogs may enter regulations subject to the following condi- closed areas to retrieve game. tions: 5. Hunters may not hunt or shoot within 50 1. Archery and shotguns are permitted dur- ft. (15.24 meters) of designated roads or park- ing spring turkey season. ing areas. 2. Only archery hunting is permitted dur- 6. Hunters may only hunt with shotguns ing fall seasons. and bows with arrows (excluding broadhead D. Sport Fishing. [Reserved] arrows). 7. Hunters must remove decoys, boats and SALT PLAINS NATIONAL WILDLIFE REFUGE other personal property from the refuge fol- A. Hunting of Migratory Game Birds. Hunt- lowing each days hunt. ing of ducks, geese, sandhill cranes and B. Upland Game Hunting. Hunting of squir- mourning doves is permitted on designated rel, quail, and rabbit is permitted on des- areas of the refuge subject to the following ignated areas of the refuge subject to the fol- conditions: lowing special conditions: 1. You may possess only approved nontoxic 1. The Sequoyah National Wildlife Refuge shot while in the field. is open during seasons, dates, and times as 2. Hunters are required to check in and out posted by signs and/or indicated on refuge of the refuge. leaflets, special regulations, permits, and 3. Hunting ends at noon. maps. B. Upland Game Hunting. Hunting of quail 2. You may possess only approved nontoxic and pheasant is permitted on designated shot while in the field. areas of the refuge subject to the following 3. Neither hunters nor dogs may enter conditions: closed areas to retrieve game.
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4. Hunters may not shoot or hunt within 50 2. Refuge bonus deer gun hunts are by spe- ft.(15.24 meters) of designated roads or park- cial permit only. ing areas. 3. Hunters are required to check in and out 5. Hunters may only hunt with shotguns of the unit at designated areas. and bows with arrows (excluding broadhead 4. We prohibit baiting on the refuge and arrows). the Wildlife Management Unit. C. Big Game Hunting. Hunters may hunt D. Sport Fishing. Fishing with hook and white-tailed deer on designated areas of the line is permitted on designated areas of the refuge subject to the following conditions: refuge subject to the following conditions 1. Hunters must pay fees and obtain a ref- and exceptions: uge permit. 1. Anglers may bank and wade fish with 2. All hunters must attend a hunter ori- pole and line or rod and reel year-round in entation briefing prior to each hunt. areas open for public fishing access. D. Sport Fishing. Fishing and frogging are 2. Anglers may use boats from March 1 permitted on designated areas of the refuge through September 30 in designated refuge subject to the following conditions: waters and Wildlife Management Unit. 1. The Sequoyah National Wildlife Refuge 3. Anglers may use trotlines and other set is open to fishing as specified on refuge leaf- tackle only in the Cumberland Pool and be- lets, special regulations, permits, maps, or as tween the natural banks of the Washita posted on signs. River. Anglers must attach set tackle, used 2. Fishing and frogging are not permitted in Cumberland Pool, only to anchored floats. in the Sandtown Bottom area from one hour 4. Anglers may not use limblines, after sunset to one hour before sunrise. throwlines, juglines, and yo-yo’s. 3. The use of firearms for taking frogs is 5. Anglers may not use any containers not permitted. (jugs, bottles) as floats. 4. Fishermen may not take turtles or mus- 6. Anglers must remove fishing tackle at sels. the end of the boating season. 7. Anglers may no-wake boat fish during TISHOMINGO NATIONAL WILDLIFE REFUGE the boating season with line and pole or rod A. Hunting of Migratory Game Birds. Hunt- and reel in: (a) open areas south and west of ing of mourning doves and waterfowl is per- the Cumberland Pool shallow water buoy mitted on the Tishomingo Wildlife Manage- line; (b) lakes south and west of the Washita ment Unit of the refuge subject to the fol- River; and (c) the Wildlife Management Unit. lowing conditions: 8. Anglers may night fish from boat (dur- 1. The Tishomingo Wildlife Management ing boating season) in the Cumberland Pool, Unit is open during seasons, dates and times except not in the no-wake area south and as posted by signs and/or indicated on refuge west of the buoy line. Anglers may night fish leaflets, special regulations, permits and at the headquarters area, including Sandy maps. Creek Bridge, Murray 23, Nida Point, and the 2. Hunters are required to check in and out Wildlife Management Unit. of the unit at designated areas. 9. You may only take bait for personal use 3. You may possess only approved nontoxic while fishing in the refuge in accordance shot while in the field. with Oklahoma State law. We do not allow 4. Dove hunting is permitted from Sep- removal of bait from the refuge for commer- tember 1 through September 30th only. cial sales. You cannot release bait back into B. Upland Game Hunting. Hunters may hunt the water. quail, squirrel, turkey and rabbits on the 10. Anglers may bow fish only in the Wild- Tishomingo Wildlife Management Unit of life Management Unit. the refuge subject to the following condi- 11. Anglers may not take fish by the use of tions: hands (noodling) in any refuge waters. 1. Upland game hunting is not permitted 12. Anglers may not take frogs, turtles, or during deer archery and dark goose seasons. mussels. 2. We allow only bows and arrows and shot- WASHITA NATIONAL WILDLIFE REFUGE guns using approved nontoxic shot. 3. Hunters are required to check in and out A. Hunting of Migratory Game Birds. We of the unit at designated areas. allow hunting of geese and sandhill cranes on 4. Turkey hunters may only hunt during designated areas of the refuge subject to the the statewide spring shotgun season and dur- following conditions: We require permits and ing the fall archery season. payment of a fee. C. Big Game Hunting. Hunting of white- B. Upland Game Hunting. Hunters may hunt tailed deer and turkey is permitted on des- quail and rabbit on designated areas of the ignated areas of the refuge subject to the fol- refuge in accordance with State hunting reg- lowing conditions: ulations subject to the following conditions: 1. Deer hunting on the Wildlife Manage- 1. We only allow shotguns. ment Unit is permitted only during the 2. Closed during the State gun deer season. statewide deer archery season. C. Big Game Hunting. [Reserved]
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D. Sport Fishing. Anglers may fish in des- C. Big Game Hunting. [Reserved] ignated areas of the refuge in accordance D. Sport Fishing. [Reserved] with State fishing regulations subject to the following conditions: BEAR VALLEY NATIONAL WILDLIFE REFUGE 1. Anglers may fish from March 15 through A. Hunting of Migratory Game Birds. [Re- October 14 in the Washita River and Foss served] Reservoir. Anglers may bank fish year round B. Upland Game Hunting. [Reserved] in the Washita River and Foss Reservoir C. Big Game Hunting. Hunting of deer only from open areas. is permitted on designated areas of the ref- 2. Anglers may access fishing areas only uge subject to the following conditions: from designated parking areas and by boat 1. Hunting opens concurrent with the State from Foss Reservoir. season and closes October 31. 3. We do not allow boats and other flota- 2. No hunting or public entry of any kind tion devices on refuge waters from October is permitted from November 1 to March 31. 15 through March 14. D. Sport Fishing. [Reserved]
WICHITA MOUNTAINS NATIONAL WILDLIFE COLD SPRINGS NATIONAL WILDLIFE REFUGE REFUGE A. Hunting of Migratory Game Birds. Hunt- A. Hunting of Migratory Game Birds. [Re- ing of geese, ducks, coots and common snipe served] is permitted on designated areas of the ref- B. Upland Game Hunting. [Reserved] uge subject to the following conditions: C. Big Game Hunting. Hunting of elk and 1. The refuge is open from 5 a.m. to one and white-tailed deer is permitted on designated one-half hours after sunset. Decoys and areas of the refuge subject to the following other personal property may not be left on condition: Permits and payment of a fee are the refuge overnight. required. 2. We allow hunting only on Tuesdays, D. Sport Fishing. Fishing is permitted on Thursdays, Saturdays, Sundays, Thanks- designated areas of the refuge subject to the giving Day, Christmas Day, and New Year’s following conditions: Day. 1. Fish may be taken only with pole and 3. Waterfowl hunters are required to space line or rod and reel. themselves a minimum of 200 yards apart. 2. Taking any type of bait from refuge 4. The use of boats is not permitted. lands or waters is not permitted. 5. Hunters may not possess more than 25 3. Taking of frogs and turtles is not per- shells while in the field. mitted. 6. Waterfowl and snipe hunters may pos- 4. Hand-powered boats are permitted only sess only approved nontoxic shot while in on Jed Johnson, Rush, Quanah Parker, and the field. French Lakes. 7. We allow hunting in the Memorial Marsh 5. Anglers may use electric trolling motors Unit by designated blind sites only. on boats 14′ or less in length only on Jed B. Upland Game Hunting. Hunting of pheas- Johnson, Rush, Quanah Parker and French ant, chukar, Hungarian partridge, and quail Lakes. is permitted on designated areas of the ref- [58 FR 5064, Jan. 19, 1993, as amended at 59 uge subject to the following conditions: FR 6695, Feb. 11, 1994; 59 FR 55187, Nov. 3, 1. The refuge is open from 5 a.m. to one and 1994; 60 FR 61213, Nov. 29, 1995; 60 FR 62046, one-half hours after sunset. Dec. 4, 1995; 61 FR 46398, Sept. 3, 1996; 62 FR 2. We allow hunting only on Tuesdays, 47380, Sept. 9, 1997; 63 FR 46920, Sept. 3, 1998; Thursdays, Saturdays, Sundays, Thanks- 65 FR 30789, May 12, 2000; 65 FR 56407, Sept. giving Day, Christmas Day, and New Year’s 18, 2000] Day. 3. You may possess only approved nontoxic § 32.56 Oregon. shot while in the field. The following refuge units have been 4. Hunters may not possess more than 25 shells while in the field. opened for hunting and/or fishing, and 5. We do not allow hunting of upland game are listed in alphabetical order with birds until noon of each hunt day. applicable refuge-specific regulations. C. Big Game Hunting. [Reserved] D. Sport Fishing. Fishing is permitted on BANDON MARSH NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the A. Hunting of Migratory Game Birds. We following conditions: allow hunting of geese, ducks, coots, snipe, 1. Use of non-motorized boats and boats doves, and pigeons on designated areas of the with electric motors is permitted from refuge subject to the following condition: March 1 through September 30. Waterfowl and snipe hunters may possess 2. Bank fishing only is permitted from Oc- only approved nontoxic shot while in the tober 1 through the last day of February field. from the west inlet canal across the face of B. Upland Game Hunting. [Reserved] the dam.
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3. Fishing is permitted only with hook and is permitted on designated areas of the ref- line. uge subject to the following conditions: 4. The refuge is open from 5 a.m. to 11⁄2 1. The use of air-thrust and inboard water- hours after sunset. thrust boats is not permitted. 2. Waterfowl and snipe hunters may pos- DEER FLAT NATIONAL WILDLIFE REFUGE sess only approved nontoxic shot while in A. Hunting of Migratory Game Birds. Hunt- the field. ing of doves, geese, ducks, coots and common B. Upland Game Hunting. [Reserved] snipe is permitted on the Snake River sector C. Big Game Hunting. [Reserved] subject to the following conditions: D. Sport Fishing. Fishing is permitted on 1. Only portable blinds and temporary designated areas of the refuge subject to the blinds constructed of natural materials are following conditions: permitted. 2. Waterfowl and snipe hunters may pos- 1. Bank fishing is permitted in the borrow sess only approved nontoxic shot while in ditches adjacent to the Silver Lake Highway the field. and along the shoreline of Wocus Bay. B. Upland Game Hunting. Hunting of upland 2. The use of boats is not permitted. game is permitted on the Snake River Sector subject to the following conditions: LEWIS AND CLARK NATIONAL WILDLIFE 1. Hunting is not permitted from February REFUGE 1 through May 31. A. Hunting of Migratory Game Birds. We 2. Pheasant, quail, and partridge hunters allow hunting of geese, ducks, coots, and may possess only approved nontoxic shot common snipe on designated areas of the ref- while in the field. uge subject to the following conditions: C. Big Game Hunting. Hunting of deer is 1. You may possess only approved nontoxic permitted on designated areas of the refuge shot while in the field. subject to the following condition: Hunting 2. We do not allow hunting on all exposed is permitted only on the Snake River Sector. D. Sport Fishing. Fishing is permitted on lands on Miller Sands Island and its partially designated areas of the refuge subject to the enclosed lagoon, as posted. We do not allow following condition: Shoreline fishing is not hunting inside the diked portion of Karlson permitted on the islands of the Snake River Island, as posted. Sector from February 1 through May 31. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] HART MOUNTAIN NATIONAL WILDLIFE REFUGE D. Sport Fishing. We allow sport fishing A. Hunting of Migratory Game Birds. [Re- along the shoreline of the refuge islands in served] accordance with State regulations. B. Upland Game Hunting. Hunters may hunt partridge and coyote on designated areas of LOWER KLAMATH NATIONAL WILDLIFE REFUGE the refuge. A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. Hunting of deer, ante- ing of geese, ducks, coots and common snipe lope and bighorn sheep is permitted on des- is permitted on designated areas of the ref- ignated areas of the refuge. uge subject to the following conditions: D. Sport Fishing. Fishing is permitted on 1. Only unloaded firearms may be carried designated areas of the refuge subject to the on hunter access routes open to motor vehi- following condition: Fishing is permitted cles or when taken through posted retrieving only in Rock Creek, Guano Creek and War- zones when traveling to and from the hunt- ner Pond. ing areas. JULIA BUTLER HANSEN REFUGE FOR THE 2. Decoys may not be set in retrieving COLUMBIAN WHITE-TAILED DEER zones. 3. The use of air-thrust and inboard water- A. Hunting of Migratory Game Birds. We thrust boats is not permitted. allow hunting of geese, ducks, coots, and common snipe on the Wallace Island Unit 4. Waterfowl and snipe hunters may pos- subject to the following condition: You may sess only approved nontoxic shot while in possess only approved nontoxic shot while in the field. the field. B. Upland Game Hunting. Hunting of pheas- B. Upland Game Hunting. [Reserved] ant is permitted on designated areas of the C. Big Game Hunting. [Reserved] refuge subject to the following conditions: D. Sport Fishing. We allow sport fishing 1. Only unloaded firearms may be taken along the shoreline of the Wallace Island through posted retrieving zones when trav- Unit in accordance with State regulations. eling to and from hunting areas. 2. You may possess only approved nontoxic KLAMATH MARSH NATIONAL WILDLIFE REFUGE shot while in the field. A. Hunting of Migratory Game Birds. Hunt- C. Big Game Hunting. [Reserved] ing of geese, ducks, coots and common snipe D. Sport Fishing. [Reserved]
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MALHEUR NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. Hunting of pheas- ant, chukar, Hungarian partridge, and quail A. Hunting of Migratory Game Birds. Hunt- is permitted on designated areas of the ref- ing of doves, geese, ducks, coots, common uge subject to the following conditions: snipe and pigeons is permitted on designated areas of the refuge subject to the following 1. The refuge is open from 5 a.m. to one and conditions: one-half hours after sunset. 1. Motorized boats are not permitted. 2. We allow hunting only on Tuesdays, 2. You may possess only approved nontoxic Thursdays, Saturdays, Sundays, Thanks- shot while in the field. giving Day, Christmas Day, and New Year’s B. Upland Game Hunting. Hunting of pheas- Day. ant, quail, partridge, coyote and rabbit is 3. You may possess only approved nontoxic permitted on designated areas of the refuge shot while in the field. subject to the following conditions: 4. Hunters may not possess more than 25 1. Hunters may hunt pheasant, quail, par- shells while in the field. tridge, and rabbit from the third Saturday in 5. Permits are required for the opening November to the end of the pheasant season weekend of the season. in designated areas of the Blitzen Valley east C. Big Game Hunting. [Reserved] of Highway 205, and on designated areas open D. Sport Fishing. Fishing is permitted on to waterfowl hunting. designated areas of the refuge subject to the 2. Hunters may hunt all upland game spe- following conditions: cies during authorized State seasons on the 1. The refuge is open from 5 a.m. to one and refuge area west of Highway 205 and south of one-half hours after sunset. Foster Flat Road. 2. Fishing permitted from March 1 through 3. You may possess only approved nontoxic September 30. shot while in the field on designated areas 3. Fishing is permitted only with hook and east of Highway 205. line. C. Big Game Hunting. Hunting of deer and antelope is permitted on designated areas of MCNARY NATIONAL WILDLIFE REFUGE the refuge. D. Sport Fishing. Fishing is permitted on A. Hunting of Migratory Game Birds. We designated areas of the refuge subject to the allow hunting of doves on designated areas of following conditions: the refuge subject to the following condi- 1. Anglers may fish year-round in the tions: Blitzen River, East Canal, and Mud Creek 1. You may possess only approved nontoxic upstream from and including Bridge Creek. shot while in the field. Anglers may fish in Krumbo Reservoir dur- 2. We allow dove hunting on the State Line ing the State season from the fourth Satur- and Juniper Canyon Units on legal hunt days day in April to the end of October. in accordance with State regulations. 2. Boats are not permitted, except non- B. Upland Game Hunting. We allow hunting motorized boats and boats with electric mo- of upland game on designated areas of the tors are permitted on Krumbo Reservoir. refuge subject to the following conditions: 1. You may possess only approved nontoxic MCKAY CREEK NATIONAL WILDLIFE REFUGE shot while in the field. A. Hunting of Migratory Game Birds. Hunt- 2. We allow hunting on State Line and Ju- ing of geese, ducks, coots and common snipe niper Canyon Units in accordance with State is permitted on designated areas of the ref- regulations. uge subject to the following conditions: C. Big Game Hunting. We allow deer hunt- 1. The refuge is open from 5 a.m. to one and ing on designated areas of the refuge subject one-half hours after sunset. Decoys and to the following conditions: other personal property may not be left on 1. We allow shotguns and archery only. the refuge overnight. 2. We allow hunting on State Line and Ju- 2. We allow hunting only on Tuesdays, niper Canyon Units in accordance with State Thursdays, Saturdays, Sundays, Thanks- regulations. giving Day, Christmas Day, and New Year’s D. Sport Fishing. [Reserved] Day. 3. Waterfowl hunters are required to space SHELDON NATIONAL WILDLIFE REFUGE themselves a minimum of 200 yards apart. 4. Hunters may not possess more than 25 A. Hunting of Migratory Game Birds. [Re- shells while in the field. served] 5. Permits are required for the opening B. Upland Game Hunting. Hunting of quail, weekend of the season when it coincides with grouse, and partridge is permitted on des- the season opening for upland game birds. ignated areas of the refuge. 6. The use of boats is prohibited. C. Big Game Hunting. Hunting of deer and 7. Waterfowl and snipe hunters may pos- antelope is permitted on designated areas of sess only approved nontoxic shot while in the refuge. the field. D. Sport Fishing. [Reserved]
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UMATILLA NATIONAL WILDLIFE REFUGE is permitted on designated areas of the ref- uge subject to the following conditions: We A. Hunting of Migratory Game Birds. 1. The use of air-thrust and inboard water- allow hunting of geese, ducks, coots, and thrust boats is not permitted. common snipe on designated areas of the ref- 2. Waterfowl and snipe hunters may pos- uge subject to the following conditions: sess only approved nontoxic shot while in 1 1. The refuge is open from 4:00 a.m. to 1 ⁄2 the field. hours after sunset except for the Hunter B. Upland Game Hunting. [Reserved] Check Station parking lot at the McCor- C. Big Game Hunting. [Reserved] mack Unit, which is open each morning 2 D. Sport Fishing. Fishing is permitted on hours prior to State shooting hours for wa- designated areas of the refuge subject to the terfowl. We do not allow decoys, boats, and following conditions: other personal property on the refuge fol- 1. Fishing is permitted in Pelican Bay, lowing each day’s hunt. Recreation Creek, Crystal Creek, Odessa 2. In the McCormack Unit, we allow hunt- Creek, Pelican Cut and that portion of Upper ing only on Wednesdays, Saturdays, Sun- Klamath Lake located on the east side of the days, Thanksgiving Day, and New Year’s refuge. Day. 2. Motorized boats shall not exceed 10 miles 3. We require waterfowl hunting parties in per hour in any stream, creek or canal and the Boardman Unit to space themselves a on that portion of Pelican Bay west of a line minimum of 200 yards (180 m) apart. beginning at designated points on the north 4. You may possess no more than 25 shells shore of Pelican Bay one-fourth mile east of while in the field. Crystal Creek and extending due south to 5. We require permits for hunting on the the opposite shore of the lake. McCormack Unit. 6. You may possess only approved nontoxic WILLIAM L. FINLEY NATIONAL WILDLIFE shot while in the field. REFUGE B. Upland Game Hunting. We allow hunting A. Hunting of Migratory Game Birds. [Re- of pheasant, chukar, Hungarian partridge, served] and quail on designated areas of the refuge B. Upland Game Hunting. [Reserved] subject to the following conditions: C. Big Game Hunting. Hunting of deer is 1. We do not allow hunting of upland game permitted on designated areas of the refuge birds until noon of each hunt day. subject to the following conditions: 2. In the McCormack Unit, we allow hunt- 1. Only shotgun and archery hunting are ing only on Wednesdays, Saturdays, Sun- permitted. days, Thanksgiving Day, and New Year’s 2. Hunters must check in and out of the Day. refuge by use of self-service permits. 3. You may possess only approved nontoxic D. Sport Fishing. Fishing is permitted on shot while in the field. designated areas of the refuge subject to the 4. You may possess no more than 25 shells following conditions: while in the field. 1. Fishing is permitted on Muddy Creek 5. We require permits for hunting on the from the beginning of the State trout season McCormack Unit. in April through October 31. C. Big Game Hunting. We allow hunting of 2. The use of boats is not permitted. deer on designated areas of the refuge sub- [58 FR 5064, Jan. 19, 1993, as amended at 58 ject to the following condition: Hunting is by FR 29076, May 18, 1993; 59 FR 6696, Feb. 11, permit only. 1994; 59 FR 55187, Nov. 3, 1994; 60 FR 62046, D. Sport Fishing. We allow fishing on des- Dec. 4, 1995; 61 FR 46398, Sept. 3, 1996; 62 FR ignated areas of the refuge subject to the fol- 47381, Sept. 9, 1997; 63 FR 46921, Sept. 3, 1998; lowing conditions: 65 FR 30790, May 12, 2000; 65 FR 56407, Sept. 1 1. The refuge is open from 5 a.m. to 1 ⁄2 18, 2000] hours after sunset. 2. We allow fishing on refuge impound- § 32.57 Pennsylvania. ments and ponds from February 1 through September 30. We open other refuge waters The following refuge units have been (Columbia River and its backwaters) in ac- opened for hunting and/or fishing, and cordance with State regulations. are listed in alphabetical order with 3. We allow only nonmotorized boats and applicable refuge-specific regulations. boats with electric motors on refuge im- poundments and ponds. ERIE NATIONAL WILDLIFE REFUGE 4. We only allow fishing with hook and A. Hunting of Migratory Game Birds. Hunt- line. ing of migratory game birds is permitted on designated areas of the refuge subject to the UPPER KLAMATH NATIONAL WILDLIFE REFUGE following conditions: A. Hunting of Migratory Game Birds. Hunt- 1. Hunting is permitted on the refuge from ing of geese, ducks, coots and common snipe September 1 through the end of February.
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2. Only motorless boats are permitted for OHIO RIVER ISLANDS NATIONAL WILDLIFE waterfowl hunting. Boats and decoys must REFUGE be removed from the refuge at the end of Refer to § 32.68 West Virginia for regula- each day’s hunt. tions. 3. No dog training. B. Upland Game Hunting. Hunters may hunt [58 FR 5064, Jan. 19, 1993, as amended at 58 grouse, squirrel, rabbit, woodchuck, pheas- FR 29076, May 18, 1993; 59 FR 6698, Feb. 11, ant, quail, raccoon, fox, skunk, opossum and 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62047, coyote on designated areas of the refuge sub- Dec. 4, 1995; 61 FR 31461, June 20, 1996; 61 FR ject to the following conditions: 46398, Sept. 3, 1996; 62 FR 47381, Sept. 9, 1997; 1. Permits are required for hunting fox and 63 FR 46921, Sept. 3, 1998; 65 FR 30791, May 12, raccoon. 2000] 2. Hunting is not permitted from March 1 through August 31. § 32.58 Puerto Rico. [Reserved] 3. Upland game hunters must wear on head, chest and back, a minimum of 400 square § 32.59 Rhode Island. inches of blaze orange material. 4. Pheasant hunting is not permitted on The following refuge units have been the Sugar Lake Division. opened for hunting and/or fishing and 5. Dog trainers must obtain permits. are listed in alphabetical order with C. Big Game Hunting. Hunting of deer and applicable refuge-specific regulations. turkey is permitted on designated areas of the refuge subject to the following condi- BLOCK ISLAND NATIONAL WILDLIFE REFUGE tions: A. Hunting of Migratory Game Birds. [Re- 1. Hunters may hunt only from September served] 1 through February 28 except for spring tur- B. Upland Game Hunting. [Reserved] key season. C. Big Game Hunting. [Reserved] 2. Hunters must remove blinds, platforms, D. Sport Fishing. Anglers may surf fish in scaffolds, and/or tree stands from the refuge the Atlantic Ocean from the refuge shoreline daily. in accordance with state regulations. 3. All deer hunters must wear on head, chest and back, a minimum of 400 square NINIGRET NATIONAL WILDLIFE REFUGE inches of blaze orange material during ant- A. Hunting of Migratory Game Birds. [Re- lered, anterless and muzzleloader seasons. served] D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. [Reserved] 1. Fishing is permitted only during day- D. Sport Fishing. Anglers may surf fish in light hours. the Atlantic Ocean from the refuge shoreline 2. Boats without motors are permitted 3,000 in accordance with state regulations. An- feet (to the buoyline) above the Pool 9 dike glers may saltwater fish and shellfish in from the second Saturday in June through Ninigret Pond from the refuge shoreline only September 15. from sunrise to sunset in accordance with 3. Ice Fishing is permitted on Pools K and state and refuge regulations. 9 when conditions are safe. PETTAQUAMSCUTT COVE NATIONAL WILDLIFE 4. Only minnows may be taken as bait from REFUGE refuge lands and waters and a special use permit is required for taking minnows. A. Hunting of Migratory Game Birds. [Re- 5. A permit is required to take turtles. served] 6. The taking of frogs is not permitted. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] JOHN HEINZ NATIONAL WILDLIFE REFUGE AT D. Sport Fishing. Anglers may saltwater TINICUM fish from the refuge shoreline in accordance A. Hunting of Migratory Game Birds. [Re- with state regulations. served] SACHUEST POINT NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Fishing is permitted on served] designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. [Reserved] 1. Fishing is permitted only during day- D. Sport Fishing. Anglers may surf fish in light hours in non-state-controlled areas. the Atlantic Ocean and Sakonnet River from 2. Boats are not permitted. the refuge shoreline in accordance with state 3. Bow fishing is not permitted. regulations. Additionally, anglers may 4. A permit is required to take turtles. night-fish after sunset in accordance with 5. The taking of frogs is not permitted. state regulations.
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TRUSTOM POND NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. Hunting of quail, A. Hunting of Migratory Game Birds. Hunt- rabbit, raccoon and opossum is permitted on ers may hunt Canada geese and mourning designated areas of the refuge subject to the doves on designated areas of the refuge sub- following condition: Permits are required. ject to the following conditions: State per- C. Big Game Hunting. We allow hunting of mits required. white-tailed deer, turkey, and feral hogs on B. Upland Game Hunting. [Reserved] designated areas of the refuge subject to the C. Big Game Hunting. [Reserved] following condition: We require refuge per- D. Sport Fishing. Anglers may surf fish in mits. the Atlantic Ocean from the refuge shoreline D. Sport Fishing. We allow fishing on all from September 16 to March 31 in accordance areas of the refuge, except Martins Lake and with state and refuge regulations. those areas marked by signs as closed to the [63 FR 46921, Sept. 3, 1998] public for fishing, subject to the following conditions: § 32.60 South Carolina. 1. We allow fishing from 1⁄2 hour before sun- 1 The following refuge units have been rise to ⁄2 hour before sunset. opened for hunting and/or fishing, and 2. We allow nonmotorized boats and boats with electric motors. You must hand load are listed in alphabetical order with and unload boats except at designated boat applicable refuge-specific regulations. ramps. ACE BASIN NATIONAL WILDLIFE REFUGE 3. We do not allow fish baskets, net, set hooks, and trotlines. A. Hunting of Migratory Game Birds. Hunt- ers may hunt ducks, geese, and coots on des- PINCKNEY ISLAND NATIONAL WILDLIFE REFUGE ignated areas of the refuge subject to the fol- lowing condition: Refuge hunting permits re- A. Hunting of Migratory Game Birds. [Re- quired. served] B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of C. Big Game Hunting. Hunting of white- white-tailed deer on designated areas of the tailed deer is permitted on designated areas refuge subject to the following condition: We of the refuge subject to the following condi- require permits. tion: Permits are required. D. Sport Fishing. Anglers may fish on the D. Sport Fishing. Fishing is permitted on refuge in accordance with State law and as designated areas of the refuge subject to the specifically designated in refuge publica- following conditions: tions. 1. Fishing is permitted year-round. CAPE ROMAIN NATIONAL WILDLIFE REFUGE 2. Fishing is only permitted from boats, into the estuarine waters adjacent to the ref- A. Hunting of Migratory Game Birds. Hunt- uge. ing of rails is permitted on designated areas of the refuge subject to the following condi- SANTEE NATIONAL WILDLIFE REFUGE tion: Permits are required. B. Upland Game Hunting. Hunting of squir- A. Hunting of Migratory Game Birds. Hunt- rel and raccoon is permitted on designated ing of mourning doves, ducks, and coots is areas of the refuge subject to the following permitted on designated areas of the refuge condition: Permits are required. subject to the following condition: Permits C. Big Game Hunting. Hunting of white- are required. tailed deer is permitted on designated areas B. Upland Game Hunting. Hunting is per- of the refuge subject to the following condi- mitted on designated areas of the refuge sub- tion: Permits are required. ject to the following condition: Permits are D. Sport Fishing. We allow fishing, crab- required. bing, and shell fishing in accordance with C. Big Game Hunting. Hunting of white- State regulations, as specifically designated tailed deer is permitted on designated areas in refuge publications, and as posted. Except as posted, we close refuge islands at night. of the refuge subject to the following condi- We do not allow shrimp baiting from refuge tion: Permits are required. islands or above the low tide mark. D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the CAROLINA SANDHILLS NATIONAL WILDLIFE following conditions: REFUGE 1. Fishing is permitted on inland ponds A. Hunting of Migratory Game Birds. Hunt- only from sunrise to sunset or as posted. ing of mourning doves and woodcock is per- 2. Fishing is permitted in Cantey Bay, mitted in designated areas of the refuge sub- Black Bottom, Savannah Branch and refuge ject to the following condition: Permits are ponds and impoundments from March 1 required. through October 31.
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SAVANNAH NATIONAL WILDLIFE REFUGE specifically designated in refuge publica- tions. Refer to § 32.29 Georgia for regulations. [58 FR 5064, Jan. 19, 1993, as amended at 60 [58 FR 5064, Jan. 19, 1993, as amended at 58 FR 62047, Dec. 4, 1995; 62 FR 47381, Sept. 9, FR 29076, May 18, 1993; 58 FR 29085, May 18, 1997; 65 FR 30791, May 12, 2000; 65 FR 56408, 1993; 59 FR 6698, Feb. 11, 1994; 59 FR 55188, Sept. 18, 2000] Nov. 3, 1994; 60 FR 62047, Dec. 4, 1995; 63 FR 46921, Sept. 3, 1998; 65 FR 30791, May 12, 2000; 65 FR 56408, Sept. 18, 2000] § 32.62 Tennessee. The following refuge units have been § 32.61 South Dakota. opened for hunting and/or fishing, and The following refuge units have been are listed in alphabetical order with opened for hunting and/or fishing, and applicable refuge-specific regulations. are listed in alphabetical order with CHICKASAW NATIONAL WILDLIFE REFUGE applicable refuge-specific regulations. A. Hunting of Migratory Game Birds. Hunt- LACREEK NATIONAL WILDLIFE REFUGE ers may hunt ducks, coots, mourning doves, woodcock, and snipe on designated areas of A. Hunting of Migratory Game Birds. [Re- the refuge subject to the following condition: served] Permits required. B. Upland Game Hunting. Hunting of ring- B. Upland Game Hunting. Hunting of squir- necked pheasant and sharp-tailed grouse is rel, rabbit, quail, raccoon and opossum is permitted on designated areas of the refuge permitted on designated areas of the refuge subject to the following special condition: subject to the following condition: Permits Permits are required. are required. C. Big Game Hunting. Hunting of white- C. Big Game Hunting. Hunting of white- tailed deer and mule deer is permitted on tailed deer and turkey is permitted on des- designated areas of the refuge subject to the ignated areas of the refuge subject to the fol- following condition: Permits are required. lowing condition: Permits are required. D. Sport Fishing. [Reserved] D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the POCASSE NATIONAL WILDLIFE REFUGE following conditions: A. Hunting of Migratory Game Birds. [Re- 1. Fishing is permitted with pole and line served] or rod and reel only. B. Upland Game Hunting. We allow hunting 2. Anglers may fish only from sunrise to of pheasant, sharp-tailed grouse, and Hun- sunset. garian partridge on designated areas of the 3. Anglers may not frog or turtle on the refuge subject to the following condition: refuge. You may possess only approved nontoxic shot while in the field. CROSS CREEKS NATIONAL WILDLIFE REFUGE C. Big Game Hunting. Hunting of deer is A. Hunting of Migratory Game Birds. [Re- permitted on designated areas of the refuge. served] D. Sport Fishing. [Reserved] B. Upland Game Hunting. We allow hunting of squirrels on designated areas of the refuge AND LAKE NATIONAL WILDLIFE REFUGE S subject to the following condition: We re- A. Hunting of Migratory Game Birds. Hunt- quire permits. ing of waterfowl is permitted on designated C. Big Game Hunting. We allow hunting of areas of the refuge. white-tailed deer and turkey on designated B. Upland Game Hunting. We allow hunting areas of the refuge subject to the following of sharp-tailed grouse, Hungarian partridge, condition: We require permits. and pheasant on designated areas of the ref- D. Sport Fishing. We allow fishing on des- uge. ignated areas of the refuge subject to the fol- C. Big Game Hunting. Hunting of deer is lowing conditions: permitted on designated areas of the refuge. 1. We allow fishing on refuge pools and res- D. Sport Fishing. We allow sport fishing in ervoirs from March 15 through October 31 accordance with State law and as specifi- from sunrise to sunset. cally designated in refuge publications. 2. We do not allow bows and arrows, trotlines, limblines, jugs, and slat baskets in WAUBY NATIONAL WILDLIFE REFUGE refuge pools and reservoirs. A. Hunting of Migratory Game Birds. [Re- 3. We do not allow taking of frogs. served] 4. The length limit for largemouth bass B. Upland Game Hunting. [Reserved] taken from Elk and South Cross Creeks’ res- C. Big Game Hunting. Hunting of deer is ervoirs is less than 12 inches (30 cm) and permitted on designated areas of the refuge. more than 15 inches (37.5 cm). Anglers must D. Sport Fishing. Anglers may fish on the immediately release unharmed largemouth refuge in accordance with state law, and as bass from 12 inches (30 cm) to 15 inches (37.5
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cm). We prohibit possession of largemouth the refuge subject to the following condition: bass between 12 inches (30 cm) and 15 inches Permits required. (37.5 cm). B. Upland Game Hunting. Hunting of squir- rel, rabbit, quail, raccoon and opossum is HATCHIE NATIONAL WILDLIFE REFUGE permitted on designated areas of the refuge A. Hunting of Migratory Game Birds. Hunt- subject to the following condition: Permits ing of geese, ducks and coots is permitted on are required. designated areas of the refuge, subject to the C. Big Game Hunting. Hunting of white- following conditions: tailed deer and turkey is permitted on des- 1. Hunting is permitted only on Tuesdays, ignated areas of the refuge subject to the fol- Thursdays, and Saturdays until noon. lowing condition: Permits are required. 2. Only portable blinds and blinds made of D. Sport Fishing. Anglers may fish on des- native vegetation may be used. ignated areas of the refuge and Sunk Lake 3. Portable blinds and decoys must be re- Public Use Natural Area subject to the fol- moved from the refuge following each day’s lowing conditions: hunt. 1. Only with pole and line or rod and reel. 4. You may possess only approved nontoxic shot while in the field. 2. Only from sunrise to sunset. B. Upland Game Hunting. Hunting of quail, 3. Anglers may not frog or turtle. squirrel, rabbit, raccoon and opossum is per- 4. Anglers may not fish in the sanctuary mitted on designated areas of the refuge sub- areas or Sunk Lake Public Use Natural Area ject to the following condition: Upland game from November 15 through March 15 annu- hunting is not permitted during the refuge ally. deer archery and gun hunting seasons. 5. Anglers may only use non-motorized C. Big Game Hunting. Hunting of white- boats and boats with electric motors on tailed deer and turkey is permitted on des- Sunk Lake Public Use Natural Area. ignated areas of the refuge subject to the fol- lowing condition: Permits are required. REELFOOT NATIONAL WILDLIFE REFUGE D. Sport Fishing. Fishing is permitted on Refer to § 32.36 Kentucky for regulations. designated areas of the refuge subject to the following conditions: TENNESSEE NATIONAL WILDLIFE REFUGE 1. Fishing is permitted only from sunrise to sunset. A. Hunting of Migratory Game Birds. [Re- 2. Only nonmotorized boats and boats with served] electric motors are permitted. B. Upland Game Hunting. We allow hunting 3. Fishing is permitted only with pole and of squirrels and raccoons on designated areas line or rod and reel. of the refuge subject to the following condi- tions: LAKE ISOM NATIONAL WILDLIFE REFUGE 1. We require permits. A. Hunting of Migratory Game Birds. [Re- 2. You must unload and encase or dis- served] mantle firearms transported in motor vehi- B. Upland Game Hunting. Hunting of squir- cles. rels and raccoons is permitted on designated C. Big Game Hunting. We allow hunting of areas of the refuge subject to the following white-tailed deer and turkey on designated condition: Permits are required. areas of the refuge subject to the following C. Big Game Hunting. Hunters may hunt conditions: white-tailed deer with archery equipment on 1. We require permits. designated areas of the refuge subject to the following condition: Refuge permits re- 2. You must unload and encase or dis- quired. mantle firearms transported in motor vehi- D. Sport Fishing. Fishing is permitted on cles. designated areas of the refuge subject to the D. Sport Fishing. We allow fishing on des- following conditions: ignated portions of the refuge subject to the 1. Fishing is permitted from March 15 following conditions: through October 15 only from sunrise to sun- 1. We close impounded waters to fishing set. from November 1 through March 14. 2. Only boats with motors of 10 horsepower 2. We close Swamp Creek, Britton Ford, or less are permitted. and Bennett’s Creek embayments to fishing 3. Fishing with bow and arrow is not per- and boating from November 1 through March mitted. 14. 3. Anglers must launch boats from des- LOWER HATCHIE NATIONAL WILDLIFE REFUGE ignated access points only. We restrict boats A. Hunting of Migratory Game Birds. Hunt- to ‘‘slow speed/minimum wake’’ on all refuge ers may hunt ducks, coots, mourning doves, impoundments open to fishing. woodcock, and snipe on designated areas of
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4. Anglers may not leave boats on the ref- sive) must hunt under the supervision of an uge overnight. adult 18 years of age or older. 4. Payment of a hunt fee is required. [58 FR 5064, Jan. 19, 1993, as amended at 58 5. Archery hunting is permitted in October FR 29085, May 18, 1993; 59 FR 6698, Feb. 11, within the deer season for the county on 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62047, specified days listed in the refuge hunt bro- Dec. 4, 1995; 62 FR 47382, Sept. 9, 1997; 63 FR chure. 46921, Sept. 3, 1998; 65 FR 30791, May 12, 2000] 6. Archery hunt bag limit is three deer, no more than two bucks per hunter and no limit § 32.63 Texas. on feral hogs. The following refuge units have been 7. Permits are required for the firearms opened for hunting and/or fishing, and hunt. are listed in alphabetical order with 8. Firearms hunting is permitted in No- applicable refuge-specific regulations. vember within the deer season for the county on specified days listed in the refuge hunt ANAHUAC NATIONAL WILDLIFE REFUGE brochure. 9. Firearm hunters must wear a total of 400 A. Hunting of Migratory Game Birds. Hunt- square-inches of hunter orange including 144 ing of geese, ducks and coots is permitted on square-inches visible in front and 144 square- designated areas of the refuge subject to the inches visible in rear. Some hunter orange following conditions: must appear on head gear. 1. Permits and payment of a fee required to 10. Firearms hunt bag limit is two deer per hunt on portions of the refuge. hunter and no limit on feral hogs. 2. Hunters may hunt only on designated D. Sport Fishing. Fishing access to salt- days of the week and on designated areas water bays is permitted on designated areas during the general waterfowl hunting season. of the refuge subject to the following special Hunters may hunt on designated areas dur- conditions: ing all days of the September teal season. 1. Fishing access is permitted from April 15 Notice of hunting days and maps depicting through October 15 from sunrise to sunset. areas open to hunting are issued annually in Fishermen must be off the refuge by sunset. the refuge hunting brochure. 2. Boat launching from refuge lands is not 3. Hunting is permitted until noon. permitted. 4. Hunters must use and be in possession of 3. Access by foot to bays is permitted only Federally-approved non-toxic shot only. at designated entry points. 5. Pits and permanent blinds are not per- 4. Fisherman must register at the Wildlife mitted. Interpretive Center at refuge headquarters. 6. Only shotguns are permitted. B. Upland Game Hunting. [Reserved] BALCONES CANYONLANDS NATIONAL WILDLIFE C. Big Game Hunting. [Reserved] REFUGE D. Sport Fishing. Fishing and crabbing are A. Hunting of Migratory Game Birds. We permitted on designated areas of the refuge allow hunting of mourning, white-wing, subject to the following conditions: rock, and Eurasian-collared doves on des- 1. Boats and other flotation devices are not ignated areas of the refuge subject to the fol- permitted on inland waters. Boats may be lowing conditions: launched into East Bay at designated ramps. 1. The length of the hunting season will be 2. Fishing is permitted only with pole and concurrent with the State season in Sep- line, rod and reel or hand-held line. tember and October. 3. The use of trotlines, setlines, bows and 2. We allow hunting in designated areas, arrows, gigs, or spears is not permitted in in- from noon to sunset, Saturdays and Sundays. land waters. 3. You may possess only approved nontoxic shot while in the field. ARANSAS NATIONAL WILDLIFE REFUGE 4. We require refuge permits and payment A. Hunting of Migratory Birds. [Reserved] of a hunt fee by all hunters. B. Upland Game Hunting. [Reserved] 5. We prohibit dogs. C. Big Game Hunting. Hunting of white- 6. All hunters must be 10 years old or older. tailed deer and feral hogs is permitted on An adult 21 years of age or older must super- designated areas of the refuge subject to the vise hunters ages 10–17 (inclusive). following conditions: 7. We prohibit use or possession of alcohol. 1. The entire refuge or any portion thereof 8. We may immediately close the entire may be immediately closed to hunting in the refuge or any portion thereof to hunting for event of the appearance of whooping crane in the protection of resources, as determined by the hunt area. the refuge manager. 2. Hunters are required to report at des- B. Upland Game Hunting. We allow hunting ignated check station(s) upon entering and of turkey on designated areas of the refuge leaving the refuge. subject to the following conditions: 3. Hunters shall be at least 12 years of age. 1. We allow hunting in November, Decem- Hunters between the ages of 12 and 17 (inclu- ber, and/or January.
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2. We require hunters to check in and out 2. Permits are required to hunt on certain of a hunt area. portions of the hunting area. 3. We allow bows and arrows, shotguns, and 3. Permits are required to hunt on certain rifles. portions of the hunting area. 4. We may immediately close the entire B. Upland Game Hunting. [Reserved] refuge or any portion thereof to hunting for C. Big Game Hunting. [Reserved] the protection of resources, as determined by D. Sport Fishing. Fishing is permitted on the refuge manager. designated areas of the refuge subject to the 5. Hunters must be at least 12 years of age. following condition: Fishing is permitted An adult 21 years of age or older must super- only on Nick’s Lake, Salt Lake and Lost vise hunters between the ages of 12 and 17 Lake and along the Salt Lake Weir Dike and (inclusive). the Bastrop Bayou Public Fishing Areas. 6. The refuge will set bag limits. BUFFALO LAKE NATIONAL WILDLIFE REFUGE 7. We require hunters to visibly wear 400 square inches (2,600 cm2) of hunter orange on A. Hunting of Migratory Game Birds. [Re- the outermost layer of the head, chest and served] back, which must include a hunter orange B. Upland Game Hunting. Hunting of pheas- hat or cap. ant is permitted on designated areas of the 8. We require refuge permits and the pay- refuge subject to the following conditions: ment of a hunt fee. 1. Permits and payment of a fee are re- C. Big Game Hunting. We allow hunting of quired. white-tailed deer and feral hogs on des- 2. Hunters may hunt only one day each ignated areas of the refuge subject to the fol- year. lowing conditions: 3. You may possess only approved nontoxic shot while in the field. 1. We allow hunting in November, Decem- 4. Hunting is limited to five days, opening ber, and/or January. on Saturday in accordance with the opening 2. We require hunters to check in and out of the State of Texas hunting season, and the daily at designated check stations. subsequent Monday, Wednesday, Friday and 3. We allow bows and arrows, shotguns, and Sunday. rifles. 5. Hunting hours will be from 9 a.m. to the 4. We may immediately close to hunting close of legal shooting time as listed in the the entire refuge or any portion thereof for State of Texas pheasant hunting regulations. the protection of resources as determined by 6. All hunters must check in and out at ref- the refuge manager. uge headquarters. 5. Hunters must be at least 12 years of age. 7. Only shotguns are permitted. An adult 21 years of age or older must super- C. Big Game Hunting. [Reserved] vise hunters between the ages of 12 and 17 D. Sport Fishing. [Reserved] (inclusive). 6. The refuge will set bag limits. HAGERMAN NATIONAL WILDLIFE REFUGE 7. We require hunters to wear 400 square A. Hunting of Migratory Game Birds. We inches (2,600 cm2) of hunter orange on the allow hunting of mourning doves in the outermost layer of the head, chest, and back, month of September on designated areas of which must include a hunter orange hat or the refuge, subject to the following condi- cap. tions: 8. We require refuge permits and the pay- 1. We require you to check in and out of ment of a hunt fee. the hunt area. D. Sport Fishing. [Reserved] 2. We allow only shotguns. 3. You may possess no shot larger than #4 BIG BOGGY NATIONAL WILDLIFE REFUGE on the hunting area. A. Hunting of Migratory Game Birds. Hunt- B. Upland Game Hunting. We allow hunting ing of geese, ducks and coots is permitted on of quail in the month of February and squir- designated areas of the refuge subject to the rel and rabbit in the months of February and following condition: Pits and permanent September on designated areas of the refuge blinds are not permitted. subject to the following conditions: B. Upland Game Hunting. [Reserved] 1. We require you to check in and out of the hunt area. C. Big Game Hunting. [Reserved] 2. We allow only shotguns. D. Sport Fishing. [Reserved] 3. You may possess no shot larger than #4 BRAZORIA NATIONAL WILDLIFE REFUGE on the hunting area. 4. You must plug shotguns to hold no more A. Hunting of Migratory Game Birds. Hunt- than three shells during the September dove ing of geese, ducks and coots is permitted on season. designated areas of the refuge subject to the C. Big Game Hunting. We allow hunting of following conditions: white-tailed deer and feral hogs on des- 1. Pits and permanent blinds are not per- ignated areas of the refuge subject to the fol- mitted. lowing conditions:
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1. You may archery hunt as listed in the ignated areas of the refuge, subject to the refuge hunt information sheet. You must ob- following conditions: tain a refuge permit and pay a hunt fee. 1. We require a refuge permit and payment 2. We allow hunting with firearms includ- of a fee. ing shotguns, 20 gauge or larger, loaded with 2. We limit hunting to the months of Sep- rifled slug during a special youth hunt as tember, October, and November in accord- listed in the refuge hunt information sheet. ance with the State hunting season. We require permits. 3. We allow only shotguns. D. Sport Fishing. We allow fishing on des- 4. You may possess only approved nontoxic ignated areas of the refuge subject to the fol- shot while in the field. lowing conditions: 5. All hunters must be 12 years of age or 1. Lake Texoma and connected streams are older. An adult 21 years old or older must ac- open to fishing year round. company hunters 12–17 years of age. 2. We allow fishing in ponds and stock 6. You may park at designated locations only. tanks from April 1 through September 30. B. Upland Game Hunting. [Reserved] 3. Fishermen may string trotlines between C. Big Game Hunting. We allow hunting of anchored floats only. We do not allow lines white-tailed deer, feral hogs, and nilgai ante- attached to rubber bands, sticks, poles, lope on designated areas of the refuge sub- trees, or other fixed objects in refuge ponds ject to the following conditions: or impoundments. 1. We require a refuge permit and payment 4. We do not allow fishing from bridges or of a fee. roadways. 2. We will offer hunting during portions of 5. We do not allow boats and other flota- the State hunting season. tion devices on the waters of Lake Texoma 3. We enforce a two-deer (one buck only) from October 1 through March 31, or at any limit on white-tailed deer and no limit on time on refuge ponds and impoundments. feral hogs and nilgai antelope. 4. All hunters must be 12 years of age or LAGUNA ATASCOSA NATIONAL WILDLIFE older. An adult 21 years old or older must ac- REFUGE company hunters 12–17 years of age. A. Hunting of Migratory Game Birds. [Re- 5. We will determine location and method served] of hunt each year. B. Upland Game Hunting. [Reserved] 6. You may park at designated locations C. Big Game Hunting. Hunting of white- only. tailed deer and feral hogs is permitted on 7. We prohibit the use of dogs and baiting designated areas of the refuge subject to the for hunting. following conditions: D. Sport Fishing. [Reserved] 1. Permits and payment of a fee are re- MCFADDIN NATIONAL WILDLIFE REFUGE quired. 2. Archery hunting and firearms hunting A. Hunting of Migratory Game Birds. Hunt- are permitted in December on specific days ing of geese, ducks and coots is permitted on listed in the refuge hunt information sheet. designated areas of the refuge subject to the 3. Bag limits for white-tailed deer will be following conditions: determined annually. 1. Hunters must obtain a refuge permit and 4. There is no limit on feral hogs. pay a hunt fee to hunt on portions of the ref- 5. Firearm hunters must wear a total of 400 uge. sq. in. of hunter orange, including 144 sq. in. 2. Hunters may hunt only on designated visible in front and 144 sq. in. visible in rear. days of the week and on designated areas Some hunter orange must appear on head during the general waterfowl hunting season. gear. Hunters may hunt on designated areas dur- ing all days of the September teal season. 6. Hunters shall be at least 12 years of age. Notice of hunting days and maps depicting Hunters between the ages of, and including, areas open to hunting issued annually in the 12 and 17 must hunt under supervision of an refuge hunting brochure. adult 18 years of age or older. 3. Hunting is permitted until noon. D. Sport Fishing. Sport fishing and crabbing 4. Pits and permanent blinds are not per- are permitted on designated areas subject to mitted. the following condition: Fishing and crab- 5. Only shotguns are permitted. bing are permitted only within Adolph 6. Hunters must use and be in possession of Thomae, Jr. County Park. Federally-approved non-toxic shot only. 7. Hunters may use airboats in accordance LOWER RIO GRANDE VALLEY NATIONAL with guidelines issued in the refuge hunting WILDLIFE REFUGE brochure. A. Hunting of Migratory Game Birds. We B. Upland Game Hunting. [Reserved] allow hunting of mourning, white-winged, C. Big Game Hunting. [Reserved] and white-tipped doves in the months of Sep- D. Sport Fishing. Fishing and crabbing are tember, October, and November on des- permitted on designated areas of the refuge
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subject to the following condition: Fishing in 2. We do not allow the use of trotlines, inland waters is permitted only with pole setlines, bows and arrows, gigs, spears, or and line, rod and reel, or hand-held line. fish traps. 3. We do not allow use of frogs or turtles. SAN BERNARD NATIONAL WILDLIFE REFUGE 4. We allow fishing from sunrise to sunset. A. Hunting of Migratory Game Birds. Hunt- 5. We limit motors to a maximum of 10 ing of geese, ducks and coots is permitted on horsepower. You may not fish or enter with- designated areas of the refuge subject to the in 200 yards (180 m) of an established bird following conditions: rookery from March through the end of May. 1. Pits and permanent blinds are not per- Check at refuge headquarters for rookery lo- mitted. cation(s). 2. Permits and payment of a fee are re- [58 FR 5064, Jan. 19, 1993, as amended at 58 quired to hunt on certain portions of the FR 29076, May 18, 1993; 59 FR 6698, Feb. 11, hunting area. 1994; 59 FR 55188, Nov. 3, 1994; 62 FR 47382, 3. Pits and permanent blinds are not per- Sept. 9, 1997; 63 FR 46921, Sept. 3, 1998; 65 FR mitted. 30792, May 12, 2000; 65 FR 56408, Sept. 18, 2000] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] § 32.64 Utah. D. Sport Fishing. Fishing is permitted on The following refuge units have been designated areas of the refuge subject to the following condition: Fishing is permitted opened for hunting and/or fishing, and only on the refuge portions of Cow Trap are listed in alphabetical order with Lakes and Cedar Lakes and along Cedar applicable refuge-specific regulations. Lake Creek. BEAR RIVER MIGRATORY BIRD REFUGE TEXAS POINT NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. Hunt- A. Hunting of Migratory Game Birds. Hunt- ers may hunt geese, ducks, coots, and tundra ing of geese, ducks and coots is permitted on swan on designated areas of the refuge sub- designated areas of the refuge subject to the ject to the following conditions: following conditions: 1. Hunters may not shoot or hunt within 1. Hunters may hunt only on designated 100 yards (30.48 meters) of principal refuge days of the week and on designated areas roads (the tour route). during the general waterfowl hunting season 2. You may possess only approved nontoxic and the September teal season. Notice of shot while in the field. hunting days and maps depicting areas open 3. Hunters may not use pits or permanent to hunting are issued annually in the refuge blinds. hunting brochure. 4. Airboats are permitted only in Unit 9 2. Hunting permitted until noon. and in Block C of the Refuge. 3. Pits and permanent blinds are not per- 5. Refuge closes two (2) hours after sunset mitted. (end of shooting hours), including parking 4. Only shotguns are permitted. sites. Decoys, boats, vehicles and other per- 5. Hunters must use and be in possession of sonal property may not be left on the refuge Federally-approved non-toxic shot only. overnight. 6. Hunters may use airboats in accordance 6. Hunters may only park in designated with guidelines issued in the refuge hunting parking sites. brochure. 7. Hunters who take or attempt to take B. Upland Game Hunting. [Reserved] tundra swans must possess a Utah State C. Big Game Hunting. [Reserved] Swan Permit and may not possess or use more than 10 shells per day while hunting D. Sport Fishing. Fishing and crabbing are swans. permitted on designated areas of the refuge 8. Any person entering, using or occupying subject to the following condition: Fishing in the refuge for waterfowl hunting must abide inland waters is permitted only with pole by all the terms and conditions in the Refuge and line, rod and reel, or hand-held line. Hunting Brochure. TRINITY RIVER NATIONAL WILDLIFE REFUGE 9. When hunters are in their vehicles, at parking lots, or traveling on Refuge roads, A. Hunting of Migratory Game Birds. [Re- all firearms must be completely unloaded served] (including the magazine) and cased or dis- B. Upland Game Hunting. [Reserved] mantled. C. Big Game Hunting. [Reserved] 10. Beginning November 1st through the D. Sport Fishing. We allow fishing on Cham- end of swan season, the northwest section of pion Lake subject to the following condi- Unit 2 (as designated on the map in the Ref- tions: uge hunting brochure and posted in the field) 1. We allow fishing only with pole and line, is restricted to only hunters who possess a rod and reel, or hand-held line. Utah State Swan permit, and they may not
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possess or use more than ten (10) shells per Hunting Area, and the Saxe’s Pothole-Creek day. and Shad Island Pothole Hunting Area. B. Upland Game Hunting. Hunters may hunt 2. You may not possess more than 25 shells pheasants on designated areas of the refuge per day on the Long Marsh Channel— subject to the following conditions: Metcalfe Island Controlled Hunting Area, the 1. You may possess only approved nontoxic Junior Waterfowl Hunting Area, and the shot while in the field. Saxe’s Pothole-Creek and Shad Island Pot- 2. Pheasants may not be taken with a shot- hole Hunting Area. gun of any description capable of holding 3. Boats are required for access to the per- more than three shells, unless it is plugged mit areas. with a one-piece filler, incapable of removal without disassembling the gun, so its total 4. Within any controlled hunting area, you capacity does not exceed three shells. must hunt within 100 feet (30 m) of the blind C. Big Game Hunting. [Reserved] or blind stake for the area except to retrieve D. Sport Fishing. Fishermen may fish on crippled birds. designated areas of the refuge subject to the 5. You must hunt with one retriever per following conditions: hunting party of up to two hunters per party 1. Fishermen may fish year-round in des- within the Saxe’s Pothole-Creek and Shad Is- ignated areas of the Refuge. land Pothole Hunting Area, the Long Marsh Channel—Metcalfe Island Hunting Area, and FISH SPRINGS NATIONAL WILDLIFE REFUGE the Maquam Swamp Hunting Area. A. Hunting of Migratory Game Birds. Hunt- 6. No permanent blind construction or ing of ducks and coots is permitted on des- blind staking is allowed in the Delta Lake- ignated areas of the refuge. shore Hunting Area, the Saxe’s Pothole- B. Upland Game Hunting. [Reserved] Creek and Shad Island Pothole Hunting C. Big Game Hunting. [Reserved] Area, and the Maquam Swamp Hunting Area. D. Sport Fishing. [Reserved] B. Upland Game Hunting. Hunters may hunt rabbits, ruffed grouse and squirrels on des- OURAY NATIONAL WILDLIFE REFUGE ignated areas of the refuge subject to the fol- A. Hunting of Migratory Game Birds. Hunt- lowing conditions: ing of ducks, geese and coots is permitted on 1. All hunters must register at Refuge designated areas of the refuge. Headquarters prior to hunting on the refuge. B. Upland Game Hunting. We allow hunting 2. Hunters may not use rifles on that por- of pheasant on designated areas of the refuge tion of the refuge lying east of the Missisquoi subject to the following condition: You may River. possess only approved nontoxic shot while in 3. Hunting is not permitted from January 1 the field. through August 31. C. Big Game Hunting. Hunting of mule deer 4. Shotgun hunters may possess only ap- is permitted on designated areas of the ref- proved nontoxic shot while in the field. uge. C. Big Game Hunting. Hunting of deer is D. Sport Fishing. The refuge is open to permitted on designated areas of the refuge sport fishing in accordance with state law, subject to the following conditions. and as specifically designated in refuge pub- lications. 1. You may use only shotguns and muzzleloaders on that part of the refuge east [58 FR 5064, Jan. 19, 1993, as amended at 59 of the Missisquoi River during the State reg- FR 6699, Feb. 11, 1994; 60 FR 62047, Dec. 4, ular season or on that part of the refuge 1995; 61 FR 46398, Sept. 3, 1996; 62 FR 47383, north and east of Route 78 during the Youth Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; 65 FR Hunt. 30792, May 12, 2000] 2. Hunters during firearms big game season must wear in a conspicuous manner on head, § 32.65 Vermont. chest and back a minimum of 400 square The following refuge units have been inches of solid-colored hunter orange cloth- opened for hunting and/or fishing, and ing or material. are listed in alphabetical order with 3. All hunters must register at Refuge applicable refuge-specific regulations. Headquarters prior to hunting on the refuge. 4. You may use only portable tree stands. MISSISQUOI NATIONAL WILDLIFE REFUGE You may leave them in place during deer A. Hunting of Migratory Game Birds. Hunt- seasons with proper notation on the big ing of migratory game birds is permitted on game permit. designated areas of the refuge subject to the D. Sport Fishing. We allow fishing on des- following conditions: ignated areas of the refuge subject to the fol- 1. We require refuge permits to hunt in the lowing condition: We allow fishing from ref- Long Marsh Channel—Metcalfe Island Con- uge lands along Lake Champlain and the trolled Hunting Area, the Junior Waterfowl Missisquoi River, except from any refuge
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dike or from or within any refuge water 1. We allow sport fishing, crabbing, and management unit. clamming in salt water areas and in that portion of Swan Cove adjacent to Beach [58 FR 5064, Jan. 19, 1993, as amended at 58 Road. We close all other refuge ponds, im- FR 29077, May 18, 1993; 60 FR 62047, Dec. 4, poundments, and channels to these activi- 1995; 61 FR 46399, Sept. 3, 1996; 65 FR 30792, ties. May 12, 2000; 65 FR 56409, Sept. 18, 2000] 2. You must attend traps and crab pots. § 32.66 Virginia. 3. You must obtain a permit to remain on the refuge after normal closing hours. The following refuge units have been opened for hunting and/or fishing, and EASTERN SHORE OF VIRGINIA NATIONAL are listed in alphabetical order with WILDLIFE REFUGE applicable refuge-specific regulations. A. Hunting of Migratory Game Birds. [Re- served] BACK BAY NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- C. Big Game Hunting. Hunting of deer is served] permitted on designated areas of the refuge B. Upland Game Hunting. [Reserved] subject to the following conditions: C. Big Game Hunting. Hunting of white- 1. Permits are required. tailed deer and feral hogs is permitted on 2. Only shotguns, 20 gauge or larger, loaded designated areas of the refuge subject to the with buckshot, and bow and arrow are per- following conditions: mitted. 1. Permits are required. 3. Dogs are not permitted. 2. Only shotguns 20 gauge or larger, loaded 4. Only portable tree stands may be used with buckshot and/or rifled slugs, and bow and must be removed at the end of each hunt and arrow, are permitted. day. 3. Dogs are not permitted. 5. Shotgun hunters must wear, in a con- 4. Possession of loaded firearms or nocked spicuous manner, on head, chest, and back, a arrows is not permitted on refuge roads or minimum of 400 square inches of solid-col- proclamation waters. ored orange clothing or material. 5. Hunters during firearms big game season D. Sport Fishing. [Reserved] must wear in a conspicuous manner on head, REAT DISMAL SWAMP NATIONAL WILDLIFE chest and back a minimum of 400 square G REFUGE inches of solid-colored hunter orange cloth- ing or material. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Fishing is permitted on served] designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. Hunters may hunt 1. Fishing access from refuge headquarters deer and bear on designated areas of the ref- is permitted only by foot, bicycle, and hand- uge subject to the following conditions: launched boat. 1. Permits are required. 2. Launching trailered boats in the refuge 2. Only shotguns, 20 gauge or larger, loaded headquarters area is not permitted. with buckshot and/or rifled slugs, and bows 3. We require a refuge permit to fish in ‘‘D’’ and arrows, are permitted. Pool. 3. Dogs are not permitted. 4. Hunters during firearms big game season CHINCOTEAGUE NATIONAL WILDLIFE REFUGE must wear in a conspicuous manner on head, A. Hunting of Migratory Game Birds. We chest and back a minimum of 400 square allow hunting of migratory waterfowl and inches of solid-colored hunter orange cloth- rails on designated areas of the refuge sub- ing or material. ject to the following conditions: 5. Hunters are required to sign in and out 1. We require a refuge permit to hunt in on each hunt day. designated public hunting areas. 6. Hunters may not possess a loaded fire- 2. We allow guided hunting in designated arm (ammunition in the chamber, magazine, areas of Wildcat Marsh with refuge-des- or clip), or loaded bow on or within 50 feet of ignated commercial guides. a refuge road, including roads closed to vehi- B. Upland Game Hunting. [Reserved] cles. C. Big Game Hunting. We allow hunting of 7. Hunters may not shoot onto or across a white-tailed and sika deer in designated refuge road, including roads closed to vehi- areas of the refuge subject to the following cles. condition: We require a refuge permit. 8. Hunters may not possess alcoholic bev- D. Sport Fishing. We allow fishing, crab- erages. bing, and clamming on designated areas of D. Sport Fishing. Fishing is permitted on the refuge subject to the following condi- designated areas of the refuge subject to the tions: following conditions:
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1. Boat fishing is permitted in Lake Drum- PLUM TREE ISLAND NATIONAL WILDLIFE mond and in the Feeder Ditch on the east REFUGE side of the lake during daylight hours only. A. Hunting of Migratory Game Birds. We 2. Bank fishing is not permitted. allow hunting of waterfowl on designated 3. All fishing lines must be attended. areas of the refuge subject to the following 4. A permit is required for vehicular access conditions: to the boat ramp on Interior Ditch Road on 1. We require permits. the west side of Lake Drummond from April 2. Waterfowl hunters may possess only ap- 1 through June 15. proved nontoxic shot while in the field. JAMES RIVER NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. [Reserved] served] B. Upland Game Hunting. [Reserved] PRESQUILE NATIONAL WILDLIFE REFUGE C. Big Game Hunting. Hunting of deer is permitted on designated areas of the refuge A. Hunting of Migratory Game Birds. [Re- subject to the following conditions: served] 1. Permits are required. B. Upland Game Hunting. [Reserved] 2. Only shotguns, 20 gauge or larger, loaded C. Big Game Hunting. Hunting of deer is with buckshot only are permitted. permitted on designated areas of the refuge 3. Dogs are not permitted. subject to the following conditions: 4. Only portable tree stands may be used 1. Permits are required. and must be removed at the end of each hunt 2. One deer of either sex may be taken. day. 3. Dogs are not permitted. 5. Hunters must wear in a conspicuous 4. Only shotguns, 20 gauge or larger, loaded manner on head, chest, and back, a min- with buckshot and/or rifled slugs, and bows imum of 400 square inches of solid-colored and arrows, are permitted. hunter orange clothing or material. 5. Shotgun hunters must remain on their D. Sport Fishing. [Reserved] assigned stand unless tracking or retrieving a wounded deer. MACKAY ISLAND NATIONAL WILDLIFE REFUGE 6. Archers must remain on their assigned stand from 1⁄2 hour before sunrise to 10:00 [Re- A. Hunting of Migratory Game Birds. a.m., after which time they may hunt any- served] where within the hunt area. B. Upland Game Hunting. [Reserved] 7. Hunters must wear in a conspicuous C. Big Game Hunting. We allow hunting of manner on head, chest and back a minimum deer on designated areas of the refuge sub- of 400 square inches of solid-colored hunter ject to the following condition: We require orange clothing or material. refuge permits. D. Sport Fishing. [Reserved] D. Sport Fishing. We allow fishing on des- ignated areas of the refuge subject to the fol- [58 FR 5064, Jan. 19, 1993, as amended at 58 lowing conditions: FR 29077, May 18, 1993; 58 FR 29085, May 18, 1. We allow fishing only from sunrise to 1993; 59 FR 6686, Feb. 11, 1994; 60 FR 62048, sunset from March 15 through October 15. Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996; 62 FR 2. You must attend all fishing lines. 47383, Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; 3. We do not allow airboats. 65 FR 30792, May 12, 2000; 65 FR 56409, Sept. 18, 2000] MASON NECK NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. [Re- § 32.67 Washington. served] The following refuge units have been B. Upland Game Hunting. [Reserved] opened for hunting and/or fishing, and C. Big Game Hunting. Hunting of white- tailed deer is permitted on designated areas are listed in alphabetical order with of the refuge subject to the following condi- applicable refuge-specific regulations. tions: ARID LANDS NATIONAL WILDLIFE REFUGE 1. Permits are required. COMPLEX 2. Only shotguns 20 gauge or larger loaded with buckshot are permitted. A. Hunting of Migratory Game Birds. We 3. Dogs are not permitted. allow hunting of migratory game birds on 4. Only portable tree stands may be used the Wahluke Wildlife Recreation Unit of the and must be removed at the end of each Complex subject to the following condition: hunting day. You may possess only approved nontoxic 5. Shotgun hunters must wear in a con- shot while in the field. spicuous manner on head, chest, and back a B. Upland Game Hunting. We allow hunting minimum of 400 square inches of solid-col- of upland game on the Wahluke Wildlife ored hunter orange clothing or material. Recreation Unit of the Complex subject to D. Sport Fishing. [Reserved] the following conditions:
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1. You may possess only approved nontoxic CONBOY LAKE NATIONAL WILDLIFE REFUGE shot while in the field. A. Hunting of Migratory Game Birds. We 2. We allow only shotguns. allow hunting of doves, geese, ducks, coots, C. Big Game Hunting. We allow hunting of and common snipe on designated areas of the big game on the Wahluke Wildlife Recre- refuge subject to the following condition: ation Unit of the Complex subject to the fol- Waterfowl and snipe hunters may possess lowing condition: We allow only shotgun, only approved nontoxic shot while in the muzzle loader, and archery hunting. field. D. Sport Fishing. We allow fishing on des- B. Upland Game Hunting. [Reserved] ignated areas of the Wahluke Wildlife Recre- C. Big Game Hunting. Hunting of deer is ation Unit of the Complex. permitted on designated areas of the refuge. D. Sport Fishing. [Reserved] COLUMBIA NATIONAL WILDLIFE REFUGE DUNGENESS NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. We allow hunting of geese, ducks, coots, and A. Hunting of Migratory Game Birds. [Re- common snipe on designated areas of the ref- served] uge subject to the following conditions: B. Upland Game Hunting. [Reserved] 1. In Marsh Unit 1 and Farm Units 226–227, C. Big Game Hunting. [Reserved] we allow hunting only on Wednesdays, Sat- D. Sport Fishing. Anglers may salt water urdays, Sundays, and Federal holidays. fish in designated areas of the refuge. 2. Waterfowl and snipe hunters may pos- JULIA BUTLER HANSEN REFUGE FOR THE sess only approved nontoxic shot while in COLUMBIAN WHITE-TAILED DEER the field. 3. In Marsh Unit 1, concurrent with the A. Hunting of Migratory Game Birds. We State’s designated Youth Day prior to the allow hunting of geese, ducks, coots, and opening of the waterfowl season, an adult at common snipe on the Hunting Island Unit least 18 years of age who is not hunting must subject to the following condition: You may accompany hunters under 16 years of age. possess only approved nontoxic shot while in B. Upland Game Hunting. We allow hunting the field. of pheasant, quail, and partridge on des- B. Upland Game Hunting. [Reserved] ignated areas of the refuge subject to the fol- C. Big Game Hunting. [Reserved] lowing conditions: D. Sport Fishing. We allow bank fishing from the Mainland Unit shoreline adjoining 1. We allow hunting of upland game birds the Elochoman and Columbia Rivers as well only during State seasons that run concur- as Steamboat and Brooks Sloughs, in accord- rently with the State waterfowl season. ance with State fishing regulations. We also 2. We allow only shotguns and bows and ar- allow bank fishing in the pond adjacent to rows. the diking district pumping station by 3. Upland game bird hunters may possess Brooks Slough. We close all other interior only approved nontoxic shot while in the water of the Mainland Unit to fishing. field. 4. In Marsh Unit 1, concurrent with the LITTLE PEND OREILLE NATIONAL WILDLIFE State’s designated Youth Day prior to the REFUGE opening of the waterfowl hunt, only youth A. Hunting of Migratory Game Birds. Hunt- aged 10–17 and an accompanying adult aged ing of migratory game birds is permitted on 18 or over may hunt. designated areas of the refuge. C. Big Game Hunting. We allow hunting of B. Upland Game Hunting. Hunting of upland deer on designated areas of the refuge sub- game is permitted on designated areas of the ject to the following conditions: refuge. 1. We allow only shotgun and archery hunt- C. Big Game Hunting. Hunting of big game ing. is permitted on designated areas of the ref- 2. We allow hunting of deer only during uge. State seasons that run concurrently with the D. Sport Fishing. Sport fishing is permitted State waterfowl season. on designated areas of the refuge. D. Sport Fishing. We allow fishing on des- ignated areas of the refuge subject to the fol- MCNARY NATIONAL WILDLIFE REFUGE lowing conditions: A. Hunting of Migratory Game Birds. We 1. We allow nonmotorized boats and boats allow hunting of geese, ducks, coots, doves, with electric motors on Upper and Lower and snipe on designated areas of the refuge Hampton, Hutchinson, Royal, and Shiner subject to the following conditions: Lakes. 1. On the McNary Division, we allow hunt- 2. We allow motorized boats and non- ing by refuge permit only. On the first Sat- motorized boats on all other refuge waters urday in December, only youth aged 10–17 open to fishing. and an accompanying adult aged 18 or over 3. We prohibit the taking of bullfrogs. may hunt.
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2. We allow dove hunting only on the RIDGEFIELD NATIONAL WILDLIFE REFUGE Wallula, Two Rivers, Peninsula, State line, Hunt- and Juniper Canyon Units on legal hunt days A. Hunting of Migratory Game Birds. in accordance with State regulations. ers may hunt geese, ducks, and coots on des- 3. We allow waterfowl hunting on the ignated areas of the refuge subject to the fol- Wallula and Two Rivers Units 7 days a week lowing condition: during State waterfowl season. 1. Hunting is by permit only. 4. We allow waterfowl hunting on the Pe- B. Upland Game Hunting. [Reserved] ninsula Unit Friday through Monday during C. Big Game Hunting. [Reserved] State waterfowl season subject to the fol- D. Sport Fishing. Fishing and frogging are lowing condition: Hunting on the east side of permitted on designated areas of the refuge the Peninsula and in the goose pits is by as- subject to the following conditions: signed blinds on a first-come, first-served 1. Fishing and frogging are only permitted basis. from March 1 through September 30. 5. The refuge is open from 5:00 a.m. to 11⁄2 2. Fishing and frogging are only permitted hours after sunset. You may not leave de- during daylight hours. coys and other personal property on the ref- uge overnight. TOPPENISH NATIONAL WILDLIFE REFUGE 6. You may not possess more than 25 ap- A. Hunting of Migratory Game Birds. Hunt- proved nontoxic shells while in the field. ing of geese, ducks, coots and snipe is per- B. Upland Game Hunting. We allow hunting mitted on designated areas of the refuge sub- of upland game on designated areas of the ject to the following conditions: refuge subject to the following conditions: 1. The refuge is open from 5 a.m. to one and 1. On the McNary Division, we allow hunt- one-half hours after sunset. Decoys and ing only on Wednesdays, Saturdays, Sun- other personal property may not be left on days, Thanksgiving Day, Christmas Day, and the refuge overnight. New Year’s Day. We do not allow hunting 2. Hunters may not possess more than 25 until noon of each hunt day. Hunting is for shells while in the field. pheasant and quail only. On the first Satur- day in December, only youth aged 10–17 and 3. Hunters in the marked hunt site areas an accompanying adult aged 18 or over may must hunt within fifty (50) feet of designated hunt. blind sites except when shooting to retrieve 2. You may not possess more than 25 ap- crippled birds. proved nontoxic shot shells while in the 4. Snipe hunters may possess only ap- field. proved nontoxic shot while in the field. 3. We allow upland game hunting on the 5. On the Halvorson and Webb Units, you Wallula, Two Rivers, State line, and Juniper may hunt on Wednesdays, Saturdays, Sun- Canyon Units in accordance with State regu- days, Thanksgiving Day, Christmas Day, and lations. New Year’s Day only. On the Robbins Road 4. We do not allow hunting on the Penin- Unit, you may hunt on Tuesdays, Thursdays, sula Unit until noon on legal goose hunting Saturdays, Sundays, Thanksgiving Day, days. Christmas Day, and New Year’s Day only. C. Big Game Hunting. We allow hunting of Pumphouse, Isiri, Petty, and Chambers Units deer only on the Wallula, Two Rivers, Penin- are open 7 days a week during waterfowl sea- sula, State line, and Juniper Canyon Units son. subject to the following condition: We allow B. Upland Game Hunting. Hunting of pheas- shotguns and archery only in accordance ant and quail is permitted on designated with State regulations. areas of the refuge subject to the following D. Sport Fishing. We allow fishing on des- conditions: ignated areas of the refuge subject to the fol- 1. Hunters may not hunt upland game birds lowing conditions: until noon of each hunt day. 1. On the McNary Division, visiting hours 2. You may possess only approved nontoxic are from sunrise to sunset. We do not allow shot while in the field. the use of boats and other flotation devices. 3. Hunters may not possess more than 25 2. We allow fishing only with hook and shells while in the field. line. 4. On the Halvorson and Webb Units, you 3. We allow fishing on the Wallula, Two may hunt on Wednesdays, Saturdays, Sun- Rivers, and Peninsula Units in accordance days, Thanksgiving Day, Christmas Day, and with State regulations. New Year’s Day only. On the Robbins Road Unit, you may hunt on Tuesdays, Thursdays, NISQUALLY NATIONAL WILDLIFE REFUGE Saturdays, Sundays, Thanksgiving Day, A. Hunting of Migratory Game Birds. [Re- Christmas Day, and New Year’s Day only. served] Pumphouse, Isiri, Petty, and Chambers Units B. Upland Game Hunting. [Reserved] are open 7 days a week during waterfowl sea- C. Big Game Hunting. [Reserved] son. D. Sport Fishing. Anglers may salt water C. Big Game Hunting. [Reserved] fish in designated areas of the refuge. D. Sport Fishing. [Reserved]
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UMATILLA NATIONAL WILDLIFE REFUGE 2. At the Riekkola Unit, you may take ducks and coot only coincidental to hunting A. Hunting of Migratory Game Birds. Hunt- geese. ing of geese, ducks, coots and common snipe 3. We allow hunting in the Riekkola Unit is permitted on designated areas of the ref- only from established blinds on Wednesdays uge subject to the following conditions: and Saturdays. 1. In the Paterson Slough Unit, hunting is 4. You may possess no more than 25 ap- permitted only on Wednesdays, Saturdays, proved nontoxic shells per day while in the Sundays, Thanksgiving Day, Christmas Day, field. and New Year’s Day. B. Upland Game Hunting. We allow hunting 2. Waterfowl hunters must space them- of blue and ruffed grouse on Long Island, selves a minimum of 200 yards apart. subject to the following conditions: 3. The refuge is open from 5 a.m. to one and 1. We require you to obtain and carry a ref- one-half hours after sunset. Decoys, boats, uge permit and report game taken, as speci- and other personal property may not be left fied with the permit. on the refuge overnight. 2. We allow only archery hunting. 4. Hunters may not possess more than 25 3. We do not allow firearms on Long Island shells while in the field. at any time. 5. Digging or hunting from pit blinds is 4. We do not allow dogs on Long Island. prohibited. C. Big Game Hunting. We allow hunting for 6. Waterfowl and snipe hunters may pos- deer, elk, and bear on Long Island, subject to sess only approved nontoxic shot while in the following conditions: the field. 1. We require you to obtain and carry a ref- B. Upland Game Hunting. Hunting of pheas- uge permit and report game taken, as speci- ant, chukar, Hungarian partridge, and quail fied with the permit. is permitted on designated areas of the ref- 2. We allow only archery hunting. uge subject to the following conditions: 3. We do not allow firearms on Long Island 1. Hunting of upland game birds is not al- at any time. lowed until noon of each hunt day. 4. We do not allow dogs on Long Island. 2. In the Paterson Slough Unit, hunting is D. Sport Fishing. We allow sport fishing permitted only on Wednesdays, Saturdays, along the shoreline of Willapa Bay and Bear Sundays, Thanksgiving Day, Christmas Day, River on refuge-owned lands in accordance and New Year’s Day. with State regulations. 3. Hunters may not possess more than 25 [58 FR 5064, Jan. 19, 1993, as amended at 58 shells while in the field. FR 29077, May 18, 1993; 59 FR 6686, 6699, Feb. 4. Upland game bird hunters may possess 11, 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62048, only approved nontoxic shot while in the Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996; 62 FR field. 47383, Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; C. Big Game Hunting. Hunters may hunt 65 FR 30792, May 12, 2000; 65 FR 56409, Sept. deer on designated areas of the refuge sub- 18, 2000] ject to the following condition: 1. Hunting by permit only. § 32.68 West Virginia. D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the The following refuge units have been following conditions: opened to hunting and/or fishing, and 1. The refuge is open from 5 a.m. to one and are listed in alphabetical order with one-half hours after sunset. applicable refuge-specific regulations. 2. Fishing is permitted on refuge impound- ments and ponds from February 1 through CANAAN VALLEY NATIONAL WILDLIFE REFUGE September 30. Other refuge waters (Columbia A. Hunting of Migratory Game Birds. Hunt- River and its backwaters) are open in accord- ers may hunt migratory game birds on des- ance with State regulations. ignated areas of the refuge subject to the fol- 3. Fishing is permitted only with hook and lowing conditions: line. 1. Hunters must sign and be in the posses- sion of a refuge conditional hunting permit WILLAPA NATIONAL WILDLIFE REFUGE at all times while hunting on the refuge. A. Hunting of Migratory Game Birds. We B. Upland Game Hunting. Hunters may hunt allow hunting of geese, ducks, and coots on upland (small) game on designated areas of designated areas of Riekkola and Lewis the refuge subject to the following condi- Units, in accordance with State hunting reg- tions: ulations and subject to the following condi- 1. Hunters must sign and be in the posses- tions: sion of a refuge conditional hunting permit 1. Prior to entering the hunt area at the at all times while hunting on the refuge. Riekkola Unit, we require you to obtain a 2. Shotgun hunters may possess only ap- refuge permit, pay a recreation user fee, and proved nontoxic shot while hunting on the obtain a blind assignment. refuge.
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C. Big Game Hunting. Hunters may hunt big are listed in alphabetical order with game on designated areas of the refuge sub- applicable refuge-specific regulations. ject to the following conditions: 1. Hunters must sign and be in the posses- FOX RIVER NATIONAL WILDLIFE REFUGE sion of a refuge conditional hunting permit A. Hunting of Migratory Game Birds. [Re- at all times while hunting on the refuge. served] 2. We allow shotgun and muzzle-loader B. Upland Game Hunting. [Reserved] hunting only with the possession of approved C. Big Game Hunting. We allow hunting of nontoxic shot size #4 or smaller for hunting white-tailed deer on designated areas of the of wild turkey. We prohibit rifle hunting. refuge subject to the following conditions: D. Sport Fishing. [Reserved.] 1. We require permits. 2. We do not allow the construction or use OHIO RIVER ISLANDS NATIONAL WILDLIFE of blinds, platforms, or ladders. REFUGE 3. We allow hunting only during the State A. Hunting of Migratory Game Birds. Migra- firearms season and during a designated time tory game bird hunting is permitted on des- period of the archery season. ignated areas of the refuge subject to the fol- D. Sport Fishing. [Reserved] lowing condition: Each hunter must have in his possession a current copy of the Ohio HORICON NATIONAL WILDLIFE REFUGE River Islands National Wildlife Refuge Hunt- A. Hunting of Migratory Game Birds. We ing Regulations Leaflet while participating allow hunting of ducks and coots on des- in a refuge hunt. ignated areas of the refuge subject to the fol- B. Upland Game Hunting. The hunting of lowing conditions: rabbit and squirrel is permitted on des- 1. We require permits. ignated areas of the refuge subject to the fol- 2. We allow only participants in the Young lowing conditions: Wildfowlers and Special Programs to hunt. 1. The use of dogs for pursuit while rabbit B. Upland Game Hunting. We allow hunting hunting is prohibited. of ring-necked pheasant, gray partridge, 2. The take of squirrel and rabbit is re- squirrel, and cottontail rabbit on designated stricted to shotgun only. areas of the refuge from the opening of the 3. Each hunter must have in his possession respective State seasons through the State a current copy of the Ohio River Islands Na- deer firearms season, and subject to the fol- tional Wildlife Refuge Hunting Regulations lowing conditions: Leaflet while participating in a refuge hunt. 1. Shotgun hunters may possess only ap- 4. You may possess only approved nontoxic proved nontoxic shot while hunting upland shot while in the field. game species. C. Big Game Hunting. The hunting of white- 2. Hunting in the youth/novice pheasant tailed deer is permitted on designated areas hunt area (Area F) is for youth who are 12– of the refuge subject to the following condi- 15 years of age, and by permit. tions: C. Big Game Hunting. We allow hunting of 1. Only archery hunting is permitted. white-tailed deer on designated areas of the 2. Organized deer drives by two or more refuge subject to the following conditions: hunters are prohibited. A drive is hereby de- 1. We allow hunting only during the early fined as the act of chasing, pursuing, dis- archery and State firearms season. turbing or otherwise directing deer so as to 2. We do not allow the construction and use make the animals more susceptible to har- of permanent blinds, platforms, or ladders. vest. 3. You must remove all stands from the 3. Baiting for deer on refuge lands is pro- refuge following each day’s hunt. hibited. 4. Hunting in the area surrounding the of- 4. Each hunter must have in his possession fice/visitor center (Area E) is by permit only. a current copy of the Ohio River Islands Na- 5. Hunting in the auto tour/hiking trail tional Wildlife Refuge Regulations Leaflet complex (Area D) is open only during the while participating in a refuge hunt. State firearms deer season. D. Sport fishing. Sport fishing is permitted D. Sport Fishing. We allow fishing on des- on designated areas of the refuge under West ignated areas of the refuge subject to the fol- Virginia’s State regulations and guidelines, lowing conditions: unless otherwise posted on the refuge. 1. We allow fishing from April 15 through September 15. [59 FR 55197, Nov. 3, 1994, as amended at 60 2. We allow only bank fishing. FR 62048, Dec. 4, 1995; 61 FR 31461, June 20, 1996; 63 FR 46922, Sept. 3, 1998; 65 FR 30794, LEOPOLD WETLAND MANAGEMENT DISTRICT May 12, 2000; 65 FR 56411, Sept. 18, 2000] A. Hunting of Migratory Game Birds. Hunt- § 32.69 Wisconsin. ers may hunt migratory game birds through- out the District except that hunters may not The following refuge units have been hunt on designated portions of the Blue-wing opened to hunting and/or fishing, and Waterfowl Production Area in Ozaukee
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County or the Wilcox Waterfowl Production 5. Refuge Area 3 is open to deer hunting Area in Waushara County. during the State gun, muzzleloader, and late B. Upland Game Hunting. Hunters may hunt archery seasons. Unarmed deer hunters may upland game throughout the district except enter Area 3 to scout beginning the Saturday that hunters may not hunt on designated prior to the gun deer season. portions of the Blue-wing Waterfowl Produc- 6. We do not allow target or practice shoot- tion Area in Ozaukee County or the Wilcox ing. Waterfowl Production Area in Waushara 7. We prohibit the use of flagging, paint, County. blazes, tacks, or other types of markers. C. Big Game Hunting. Hunters may hunt big game throughout the District except that D. Sport Fishing. We allow fishing in des- hunters may not hunt on designated portions ignated waters of the refuge at designated of the Blue-wing Waterfowl Production Area times subject to the following conditions: We in Ozaukee County or the Wilcox Waterfowl allow use of nonmotorized boats in Sprague- Production Area in Waushara County. Goose Pools only when these pools are open D. Sport Fishing. [Reserved] to fishing. We allow motorized boats in Suk Cerney Pool. NECEDAH NATIONAL WILDLIFE REFUGE ST. CROIX WETLAND MANAGEMENT DISTRICT A. Hunting of Migratory Game Birds. We allow hunting of migratory game birds only A. Hunting of Migratory Game Birds. We on designated areas of the refuge. allow hunting of migratory game birds B. Upland Game Hunting. We allow hunting throughout the district except that you may of wild turkey, ruffed grouse, gray squirrel, not hunt on designated portions of the St. fox squirrel, cottontail rabbit, snowshoe Croix Prairie Waterfowl Production Area in hare, and raccoon only on designated areas St. Croix County or on the Oakridge Water- of the refuge subject to the following condi- fowl Production Area in St. Croix County. tions: B. Upland Game Hunting. We allow hunting 1. You may possess only unloaded guns in of upland game throughout the district ex- the retrieval zone of Refuge Area 7 during cept that you may not hunt on designated the State waterfowl hunting season, except portions of the St. Croix Prairie Waterfowl while hunting deer during the gun deer sea- son. Production Area in St. Croix County or on 2. During the spring turkey season, we the Oakridge Waterfowl Production Area in allow unarmed hunters who have an unex- St. Croix County. pired spring turkey permit in their posses- C. Big Game Hunting. We allow hunting of sion to scout the hunt area. We allow this big game throughout the district except that scouting beginning on the Saturday imme- you may not hunt on designated portions of diately prior to the opening date listed on the St. Croix Prairie Waterfowl Production their State turkey hunting permit. Area in St. Croix County. 3. Refuge Area 3 is open to hunting after D. Sport Fishing. [Reserved] the State deer gun season through the end of the respective State seasons or until Feb- TREMPEALEAU NATIONAL WILDLIFE REFUGE ruary 28, whichever occurs first. A. Hunting of Migratory Game Birds. Hunt- 4. You may use dogs only when hunting small game and waterfowl. ing of geese, ducks and coots is permitted on C. Big Game Hunting. We allow hunting of designated areas of the refuge subject to the white-tailed deer on designated areas of the following conditions: Permits are required. refuge subject to the following conditions: B. Upland Game Hunting. Hunting of 1. You may not possess a loaded firearm or ringnecked pheasant, ruffed grouse, grey and a nocked arrow on a bow within 50 feet (15 m) fox squirrels and cottontail rabbits is per- of the centerline of all public roads. Also, mitted on designated areas of the refuge sub- during the gun deer season, you may not pos- ject to the following condition: Permits are sess a loaded firearm within 50 feet (15 m) of required. the center of refuge trails, nor may you dis- C. Big Game Hunting. Hunting of white- charge a gun from across, down, or alongside tailed deer is permitted on designated areas these trails. of the refuge subject to the following 2. You may not construct or use permanent conditon: Permits are required. blinds, stands, or ladders. D. Sport Fishing. Fishing is permitted on 3. You may use portable elevated devices designated areas of the refuge subject to the but must lower them to ground level at the following conditions: close of shooting hours each day. You must remove all blinds, stands, platforms, and lad- 1. Only hand-powered craft and boats using ders from the refuge at the end of the hunt- trolling motors are permitted. ing season. 2. Ice fishing shelters must be removed 4. Refuge Areas 1, 2, 4, 5, 6, and 7 are open from the refuge following each day’s fishing to deer hunting. activity.
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UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE law, and as specifically designated in refuge AND FISH REFUGE publications. Refer to 32.32 Illinois for regulations. [58 FR 5064, Jan. 19, 1993, as amended at 59 FR 55188, Nov. 3, 1994; 60 FR 62049, Dec. 4, [58 FR 5064, Jan. 19, 1993, as amended at 58 1995; 62 FR 47383, Sept. 9, 1997; 63 FR 2182, FR 29077, May 18, 1993; 59 FR 6700, Feb. 11, Jan. 14, 1998; 65 FR 30795, May 12, 2000] 1994; 60 FR 62048, Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996; 62 FR 47383, Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; 65 FR 30794, May 12, 2000; § 32.71 United States Unincorporated 65 FR 56411, Sept. 18, 2000] Pacific Insular Possessions. The following refuge units have been § 32.70 Wyoming. opened to hunting and/or fishing, and The following refuge units have been are listed in alphabetical order with opened for hunting and/or fishing, and applicable refuge-specific regulations. are listed in alphabetical order with JOHNSTON ATOLL NATIONAL WILDLIFE REFUGE applicable refuge-specific regulations. A. Hunting of Migratory Game Birds. [Re- NATIONAL ELK REFUGE served] A. Hunting of Migratory Game Birds. [Re- B. Upland Game Hunting. [Reserved] served] C. Big Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] D. Sport Fishing. We allow fishing only in C. Big Game Hunting. Hunters may hunt elk accordance with posted regulations (Con- and bison on designated areas of the refuge servation of Natural Resources and Protec- subject to the following conditions: tion of Fish and Wildlife on Johnston Atoll 1. Permits are required. National Wildlife Refuge), which are avail- 2. Hunters may not be let out of vehicles able at refuge headquarters. Other special re- on refuge roads. strictions apply on this refuge, and we out- 3. Shooting from or across refuge roads and line them in the regulations. parking areas is not permitted. MIDWAY ATOLL NATIONAL WILDLIFE REFUGE 4. The use of citizen band (CB) radios in the hunt area is not permitted. A. Hunting of Migratory Game Birds. [Re- D. Sport Fishing. Anglers may sport fish on served] the refuge in accordance with state law, as B. Upland Game Hunting. [Reserved] specifically designated in refuge publica- C. Big Game Hunting. [Reserved] tions. D. Sport Fishing. Anglers may fish and lob- ster only in accordance with a refuge fishing PATHFINDER NATIONAL WILDLIFE REFUGE leaflet available at refuge headquarters. A. Hunting of Migratory Game Birds. Hunt- [58 FR 5064, Jan. 19, 1993, as amended at 59 ing of geese, ducks and coots is permitted on FR 55188, Nov. 3, 1994; 61 FR 46399, Sept. 3, designated areas of the refuge. 1996; 63 FR 46922, Sept. 3, 1998; 65 FR 30795, B. Upland Game Hunting. We allow hunting May 12, 2000; 65 FR 56411, Sept. 18, 2000] of sage grouse and cottontail rabbit on des- ignated areas of the refuge subject to the fol- lowing condition: You may possess only ap- § 32.72 Guam. proved nontoxic shot while in the field. We have opened the following refuge C. Big Game Hunting. Hunting of pronghorn unit to hunting and/or fishing with ap- antelope and deer is permitted on designated plicable refuge-specific regulations. areas of the refuge. D. Sport Fishing. [Reserved] GUAM NATIONAL WILDLIFE REFUGE SEEDSKADEE NATIONAL WILDLIFE REFUGE A. Hunting of Migratory Game Birds. A. Hunting of Migratory Game Birds. Hunt- [Reserved] ers may hunt migratory game birds only on B. Upland Game Hunting. [Reserved] designated areas of the refuge. C. Big Game Hunting. [Reserved] B. Upland Game Hunting. We allow hunting of sage grouse and cottontail rabbit on des- D. Sport Fishing. Anglers may fish ignated are as of the refuge subject to the and collect marine life on designated following condition: You may possess only areas of the Refuge only in accordance approved nontoxic shot while in the field. with the Refuge Fishing Regulations C. Big Game Hunting. Hunters may hunt leaflet available at Refuge Head- pronghorn antelope, mule deer and moose quarters. We prohibit the use of gill only on designated areas of the refuge. nets for catching reef fish. D. Sport Fishing. Anglers may sportfish on the refuge only in accordance with State [65 FR 30795, May 12, 2000]
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PART 34—REFUGE REVENUE (b) The term reserve area means any SHARING WITH COUNTIES area of land withdrawn from the public domain and administered, either solely Sec. or primarily, by the Secretary through 34.1 Purpose. the Service. For the purpose of these 34.2 Authority. regulations, reserve areas also include 34.3 Definitions. lands in Hawaii, the Commonwealth of 34.4 Eligibility of areas. Puerto Rico, Guam, and the Virgin Is- 34.5 Distribution of revenues. lands, which were initially adminis- 34.6 Schedule of appraisals. tered by the United States through Act 34.7 Fair market value appraisals. of Congress, Executive Order, Public 34.8 Appropriations authorized. Land Order or Proclamation of the 34.9 Protests. President and administered, either AUTHORITY: 16 U.S.C. 715s, as amended. solely or primarily, by the Secretary through the Service. SOURCE: 44 FR 33073, June 8, 1979, unless (c) The term county means any coun- otherwise noted. ty, parish, organized or unorganized § 34.1 Purpose. borough, township or municipality, or other unit of local government that is The purpose of the regulations con- the primary collector for general pur- tained in this part is to prescribe the pose real property taxes where fee procedures for making payments in areas and/or reserve areas are located. lieu of taxes to counties for areas ad- For the purpose of sharing revenues, ministered by the Secretary through the Commonwealth of Puerto Rico, the U.S. Fish and Wildlife Service in Guam, and the Virgin Islands shall accordance with the Revenue Sharing each be treated as a county. Act. (d) The term fund means the reve- nues received by the Service from (1) § 34.2 Authority. the sale or disposition of animals, (a) The Act of October 17, 1978, Pub. salmonoid carcasses and eggs, products L. 95–469, amended the Act of June 15, of the soil (including, but not limited 1935, as amended by the Act of August to, timber, hay, and grass), minerals, 30, 1964 (78 Stat. 701; 16 U.S.C. 715s), by shells, sand, and gravel; (2) leases for revising the formula and extending the public accommodations or facilities in- revenue sharing provisions to all fee cidental to, but not in conflict with, and reserve areas that are adminis- the basic purpose of such areas; and (3) tered solely or primarily by the Sec- other privileges, including industrial retary through the U.S. Fish and Wild- leases at Crab Orchard National Wild- life Service. Payments under this Act life Refuge, Illinois, as authorized by may be used for any governmental pur- Section 8 of Pub. L. 95–616, approved pose. October 27, 1978. The Service may pay (b) Pursuant to title VI of the Civil from such fund any necessary expenses Rights Act of 1964 (78 Stat. 252; 42 incurred in connection with the rev- U.S.C. 2000d), and the regulations enue producing and revenue sharing ac- issued pursuant thereto, which are con- tivity. The fund shall also include any tained in 43 CFR part 17, counties must appropriations authorized by the Act file an assurance with the Department, to make up any difference between the comply with the terms of the assur- total amount of receipts after pay- ances, and comply with regulations ments of expenses and the total contained in 43 CFR part 17 in order to amount of payments due the counties. continue to receive this Federal finan- (e) The term net receipts means the cial assistance. amount of revenue collected by the Service from an area (including fee § 34.3 Definitions. land and/or reserve land) after the de- (a) The term fee area means any area duction of necessary expenses incurred which was acquired in fee by the in producing the particular revenues. United States and is administered, ei- (f) The term fair market value means ther solely or primarily, by the Sec- the amount in terms of money for retary through the Service. which in all probability a property
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would be sold if exposed for sale in the which is located within such county. open market by a seller who is willing For those areas of fee land within the but not obligated to sell, allowing a National Wildlife Refuge System as of reasonable time to find a buyer who is September 30, 1977, the amount of pay- willing but not obligated to buy, both ment based on fair market value will parties having full knowledge of all the not be less than the amount paid on uses to which the property is adapted, the adjusted cost basis as in effect at and for which it is capable of being that time. Actual cost, or appraised used. value in case of donation, will be used for lands acquired during fiscal year § 34.4 Eligibility of areas. 1978. For those areas of fee lands added In order to receive payments under to lands administered by the Service the Act, a county must qualify under after September 30, 1978, by purchase, the definition in § 34.3(c) of this part donation, or otherwise, fair market and there must be located within the value shall be determined by appraisal county, areas of land owned in fee title as of the date said areas are adminis- by the United States and administered tered by the Service. by the Secretary of the Interior (3) An amount equal to 25 per centum through the Fish and Wildlife Service, of the net receipts collected by the including wildlife refuges, waterfowl Secretary in connection with the oper- production areas, wildlife ranges, wild- ation and management of such fee area life management areas, fish hatcheries, during such fiscal year; but if a fee research centers or stations, and ad- area is located in two or more counties, ministrative sites, and these areas the amount each such county is enti- must be solely or primarily adminis- tled to shall be the amount which bears tered by the Service. In addition to to such 25 per centum, the same ratio this Act, reserve areas administered as that portion of the fee area acreage solely or primarily by the Service are which is within such county bears to entitlement lands under section 6(a) of the total acreage of such fee area. the Act of October 29, 1976 (Pub. L. 94– (c) In accordance with section 5(A) of 565, 31 U.S.C. 1601–1607), for which regu- the act, each county which receives a lations are published in title 43, part payment under paragraphs (a) and (b) 1880, Code of Federal Regulations. of this section, with respect to any fee area or reserve area, shall distribute § 34.5 Distribution of revenues. that payment to those units of local government which have incurred the The Act provides that the Secretary, loss or reduction of real property tax at the end of each fiscal year, shall pay revenues because of the existence of to each county out of the fund: such area in accordance with the fol- (a) For reserve areas, an amount lowing guidelines. equal to 25 per centum of the net re- ceipts, collected by the Secretary in The local units of government entitled connection with the operation and to this distribution will be those such management of such area, provided as, but not limited to, cities, towns, that when any such area is situated in townships, school districts, and the more than one county, the distributive county itself in appropriate cases, share to each from the aforesaid re- which levy and collect real property ceipts shall be proportional to its acre- taxes separately from the county or age of such reserve area. other primary taxing authority or (b) For fee areas, whichever of the those for which a tax is separately following is greater: stated on a consolidated tax bill of the (1) An amount equal to 75¢ per acre primary taxing authority in areas for the total acreage of the fee area lo- wherein eligible lands are located. The cated within such county. amount of distribution or passthrough (2) An amount equal to three-fourths to which each unit of local government of one per centum of the fair market shall be entitled shall be in the same value, as determined by the Secretary, proportion as its current tax loss bears of that portion of the fee area (exclud- to the current whole tax loss. ing any improvements thereto made This proportion may be determined; after the date of Federal acquisition) from representative tax bills for the
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area; by construction by using assess- reappraised on a schedule of at least ments and millage rates; or by other once every five years. Until areas are suitable methods to achieve an equi- appraised, the fair market value for the table result. An example using the rep- purposes of this regulation shall be the resentative tax bill method is: adjusted cost as of September 30, 1978, except that fee lands added to such TYPICAL TAX BILL FOR THE AREA areas after that date shall be on the County ...... $80 or 80% basis of fair market value. School District ...... 20 or 20%
Total ...... $100 or 100% § 34.7 Fair market value appraisals.
The county would receive the total pay- Fee areas administered by the Serv- ment, keep 80 percent and pass through 20 ice will be appraised in accordance percent to the school district. An example with standard appraisal procedures in using the construction method is: order to estimate the fair market value of each area as a whole. The evaluation FOR A TYPICAL ACRE will be premised on an appropriate de- Assessed valueÐ termination of highest and best use in $100×80 mills County ...... $8 80% $100×20 mills School District ...... $2 20% accordance with existing or potential zoning, the present condition of the Total ...... $10 100% land and the general economic situa- Here again, the county would receive the tion in the vicinity. Standard appraisal total payment, keep 80 percent and pass techniques will involve a market data through 20 percent to the school district. comparison of these areas with similar properties which have sold recently in Counties shall distribute the payment the local market. These techniques to eligible local units of government may also include consideration of po- within 90 days from receipt of the pay- tential income and development of the ment. In the event a county cannot cost approach for special use properties make the required distribution for rea- having limited marketability. An ap- sons of State or local law, or otherwise, propriate evaluation of these areas will the Service will make the payments di- also take into consideration a discount rectly to local units of government for size as recognized by the market for upon return of the check and informa- large properties where applicable. The tion upon which to make the pay- appraisals will be accomplished by the ments. regional director, using Service staff (d) Each county which receives a pay- appraisers or private appraisers con- ment under these regulations shall tracted by the Service. maintain a record for a period of three years as to how the payment was dis- The Act requires that improvements tributed to units of local government placed upon the land after the date of under paragraph (c) of this section. The Federal Acquisition be excluded from record shall be available for inspection the fair market value. The only struc- by the regional director, should a dis- tures that will be included in the ap- pute arise as to the distribution of pay- praisal are those that were present at ments. See § 29.21–2(c) for a listing of the time of Federal acquisition and the regional directors of the Service. have not been the subject of substan- tial renovation or modification with § 34.6 Schedule of appraisals. Federal funds. Evaluation of improve- The Secretary shall make fair mar- ments will be based on their contribu- ket value appraisals of areas adminis- tory value to the area as determined by tered by the Service within five years the highest and best use study. Lands after October 17, 1978, beginning with occupied by improvements not subject areas established earliest. All areas for to appraisal will be valued as though which payments were not authorized unimproved. prior to fiscal year 1979 (i.e.; fish hatch- The appraisals will be reviewed by the eries, administrative sites, and re- Service’s review appraisers and the de- search stations) shall be included in termination of the regional director as the areas appraised during the first fis- to fair market value shall be final and cal year. Once appraised, areas shall be conclusive and shall be the basis for
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computation of revenue sharing pay- 35.14 Special regulations. ments. Subpart B—Special Regulations for Specific § 34.8 Appropriations authorized. National Wildlife Refuge Wilderness The Act authorizes appropriations to [Reserved] the fund for any fiscal year when the aggregate amount of payments re- AUTHORITY: 78 Stat. 890; 16 U.S.C. 1131–1136; 43 U.S.C. 1201. quired to be made exceeds the net re- ceipts in the fund. SOURCE: 36 FR 25426, Dec. 31, 1971, unless otherwise noted. § 34.9 Protests. (a) Computation of payments shall be Subpart A—General Rules based on Federal records concerning § 35.1 Definitions. land, real property improvements, and accounting of net receipts from areas As used in the rules and regulations administered solely or primarily by the in this subchapter: Service. National Wildlife Refuge System means (b) Any affected county may protest all lands, waters, and interests therein the results of the computations of its administered by the U.S. Fish and payments to the regional director in Wildlife Service as national wildlife charge of the State and county af- refuges, wildlife ranges, game ranges, fected. See § 29.21–2(c) for a listing of wildlife management areas, waterfowl the regional directors of the Service. production areas, and areas for the pro- (c) Any protesting county shall sub- tection and conservation of fish and mit sufficient evidence to show error in wildlife which are threatened with ex- the computation or the data from tinction. which the computations are made. National Wilderness Preservation Sys- (d) All protests to the regional direc- tem means the units designated as wil- tor shall be filed within 90 days from derness by the Congress under the pro- the date of receipt of the payment. visions of the Wilderness Act (supra). (e) The regional director shall con- Wilderness Units shall mean areas in sult with the affected county to resolve the National Wildlife Refuge System conflicts in the computations and/or that have been designated by Act of data. The regional director shall make Congress as units of the National Wil- a determination as to the correct pay- derness Preservation System. ment, which determination shall be Secretary means the Secretary of the final and conclusive. Interior. Director means the Director of the PART 35—WILDERNESS PRESERVA- U.S. Fish and Wildlife Service. TION AND MANAGEMENT § 35.2 Objectives. (a) Units of the National Wildlife Subpart A—General Rules Refuge System have been established Sec. by divers legal means and are adminis- 35.1 Definitions. tered for a variety of wildlife program 35.2 Objectives. purposes. The establishment of each 35.3 General regulations. wilderness unit is within and supple- 35.4 Appropriations and personnel. 35.5 Commercial enterprises, roads, motor mental to the purposes for which a spe- vehicles, motorized equipment, motor- cific unit of the National Wildlife Ref- boats, aircraft, mechanical transport, uge System was established and is ad- structures, and installations. ministered. Each wilderness shall be 35.6 Public use. administered for such other purposes 35.7 Control of wildfires, insects, pest for which the national wildlife refuge plants, and disease. was established and shall be also ad- 35.8 Forest management. ministered to preserve its wilderness 35.9 Livestock grazing. 35.10 Controlled burning. character. 35.11 Scientific uses. (b) Except as otherwise provided by 35.12 Water rights. law, wilderness areas shall be devoted 35.13 Access to State and private lands. to the public purposes of recreational,
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scenic, scientific, educational, con- authorized activities to protect and ad- servation, and historical use and shall minister the wilderness. The Director be administered in such a manner as may also prescribe the conditions will leave them unimpaired for future under which such equipment, trans- use and enjoyment as wilderness. port, aircraft, installations, or struc- tures may be used in emergencies in- § 35.3 General regulations. volving the health and safety of per- Rules and regulations governing ad- sons, damage to property, violations of ministration of the National Wildlife civil and criminal law, or other pur- Refuge System will apply to wilderness poses. units where said rules and regulations (b) The Director may permit, subject do not conflict with provisions of the to such restrictions as he deems desir- Wilderness Act or Act of Congress able, the landing of aircraft and the use which establishes the wilderness unit. of motorized equipment at places with- in a wilderness where such uses were § 35.4 Appropriations and personnel. established prior to the date the wil- No appropriation shall be made avail- derness was designated by Act of Con- able for the payment of expenses or sal- gress as a unit of the National Wilder- aries for the administration of a wil- ness Preservation System. derness unit as a separate entity nor shall any appropriation be made avail- § 35.6 Public use. able for additional personnel solely for Public uses of a wilderness unit will the purpose of managing or admin- be in accordance with the purposes for istering areas because they are in- which the individual national wildlife cluded within the National Wilderness refuge was established and is adminis- Preservation System. tered and laws and regulations gov- erning public uses within the National § 35.5 Commercial enterprises, roads, Wildlife Refuge System. motor vehicles, motorized equip- ment, motorboats, aircraft, mechan- (a) When public uses are authorized ical transport, structures, and in- within a wilderness unit, the Refuge stallations. Manager may regulate such use. Regu- Except as specifically provided and lating will include limiting the num- subject to existing private rights, there bers of persons allowed in the wilder- shall be no commercial enterprise and ness at a given time, imposing restric- no permanent road within a wilderness tions on time, seasons, kinds and loca- unit, and except as necessary to meet tion of public uses, requiring a permit minimum requirements for the admin- or reservation to visit the area, and istration of the area (including meas- similar actions. ures required in emergencies involving (b) All persons entering a wilderness the health and safety of persons within unit will be required to remove such the area), there shall be no temporary materials as they carry in. road, no use of motor vehicles, motor- (c) Informational signs for the con- ized equipment or motorboats, no land- venience of visitors will not be per- ing of aircraft, no other form of mecha- mitted in a wilderness unit; however, nized transport, and no structure or in- rustic directional signs for vistor safe- stallation within any such area. ty may be installed in locations appro- (a) The Director may authorize occu- priate to a wilderness setting. pancy and use of a national wildlife ref- (d) Limited public use facilities and uge by officers, employees, agencies, improvements may be provided as nec- and agents of Federal, State, and coun- essary for the protection of the refuge ty governments to carry out the pur- and wilderness and for public safety. poses of the Wilderness Act and the Act Facilities and improvements will not establishing the wilderness and will be provided for the comfort and con- prescribe conditions under which mo- venience of wilderness visitors. torized equipment, mechanical trans- (e) Public services and temporary port, aircraft, motorboats, installa- structures generally offered by pack- tions, or structures may be used to ers, outfitters, and guides for realizing meet the minimum requirements for the recreational or other wilderness
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purposes of a wilderness may be per- essary, the maintenance, reconstruc- mitted. Temporary installations and tion or relocation of only those live- structures which existed for these sub- stock management improvements and sistence purposes under valid special structures which existed within a wil- use permit or easement when the wil- derness unit when it was incorporated derness was established may be contin- into the National Wilderness Preserva- ued if their use is necessary to admin- tion System. ister the refuge for the purposes for which it was established and for wilder- § 35.10 Controlled burning. ness purposes. The number, nature, and Controlled burning will be permitted extent of such temporary structures on wilderness units when such burning and services will be controlled through will contribute to the maintenance of regulations and special use permits the wilderness resource and values in issued by the Refuge Manager so as to the unit; however, any fire in a wilder- provide maximum protection of wilder- ness area that poses a threat to re- ness resources and values. sources or facilities outside the unit (f) Hunting and fishing in a refuge will be controlled and extinguished. wilderness will be in accordance with [36 FR 25426, Dec. 31, 1971, as amended at 37 Federal and State regulations includ- FR 12067, June 17, 1972] ing special regulations for the specific wildlife refuge. Hunting or fishing § 35.11 Scientific uses. which requires motorized equipment Recognizing the scientific value of will not be permitted except as pro- wilderness, research data gathering vided in § 35.5(a) and (b). and similar scientific uses will be en- couraged providing that wilderness val- § 35.7 Control of wildfires, insects, pest plants, and disease. ues are not impaired. The person or agency involved in scientific investiga- To the extent necessary, the Director tion must be willing to accept reason- shall prescribe measures to control able limitations on activities and loca- wildfires, insects, pest plants, and dis- tion and size of the area to be used for ease to prevent unacceptable loss of research purposes. A special use permit wilderness resources and values, loss of authorizing scientific uses shall be re- life, and damage to property. quired.
§ 35.8 Forest management. § 35.12 Water rights. Forest management activities in a Nothing in the regulations in this wilderness unit will be directed toward part constitutes an expressed or im- allowing natural ecological processes plied claim or denial on the part of the to operate freely. Commercial har- Department of the Interior as to ex- vesting of timber shall not be per- emption from State water laws. mitted except where necessary to con- trol attacks of insects or disease as § 35.13 Access to State and private prescribed in § 35.7. lands. Rights of States or persons and their § 35.9 Livestock grazing. successors in interest, whose land is (a) The grazing of livestock, where surrounded by a wilderness unit, will established prior to the date of legisla- be recognized to assure adequate access tion which designates a wilderness to that land. Adequate access is defined unit, may be permitted to continue as the combination of modes and subject to part 29 of this subchapter routes of travel which will best pre- and in accordance with special provi- serve the wilderness character of the sions which may be prescribed for indi- landscape. Mode of travel designated vidual units. Numbers of permitted shall be reasonable and consistent with livestock will not be more liberal than accepted, conventional, contemporary those utilizing a wilderness prior to es- modes of travel in said vicinity. Use tablishment and may be more restric- will be consistent with reasonable pur- tive. poses for which such land is held. The (b) The Director may permit, subject Director will issue such permits as are to such conditions as he deems nec- necessary for access, designating the
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means and route of travel for ingress Subpart C [Reserved] and degress so as to preserve the wil- derness character of the area. Subpart D—Other Refuge Uses [36 FR 25426, Dec. 31, 1971; 37 FR 1049, Jan. 22, 36.31 Recreational activities. 1972] 36.32 Taking of fish and wildlife. 36.33 What do I need to know about using § 35.14 Special regulations. cabins and related structures on Alaska (a) Special regulations will be issued National Wildlife Refuges? 36.34 Firearms. by the Director for individual wilder- 36.35 Unattended property. ness units within the National Wildlife 36.36 Sled dogs and household pets. Refuge System as established by Public 36.37 Revenue producing visitor services. Law. These special regulations will supplement the provisions of this part. Subpart E—Refuge Specific Regulations (b) Special regulations may contain administrative and public uses as rec- 36.39 Public use. ognized in the: Subpart F—Permits and Public Participation (1) Legislative Record of the estab- and Closure Procedures lishing Act. (2) Committee Reports of the Con- 36.41 Permits. gress. 36.42 Public participation and closure proce- (3) Departmental and Executive Re- dures. ports to the Congress. TABLE I—SUMMARY LISTING THE NATIONAL (4) Other provisions. WILDLIFE REFUGES IN ALASKA AS ESTAB- (c) Such special regulations shall be LISHED BY THE ALASKA LANDS ACT, PUB. published in subpart B of this part L. 96–487, DECEMBER 2, 1980 after a wilderness has been established AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460(k) et by Public Law and shall become effec- seq., 668dd–668ee, as amended, 742(a) et seq., tive upon publication in the FEDERAL 3101 et seq.; and 44 U.S.C. 3501 et seq. REGISTER (12–31–71). SOURCE: 46 FR 31827, June 17, 1981, unless otherwise noted. Subpart B—Special Regulations for Specific National Wildlife Ref- Subpart A—Introduction and uge Wilderness [Reserved] General Provisions § 36.1 How do the regulations in this PART 36—ALASKA NATIONAL part apply to me and what do they WILDLIFE REFUGES cover? (a) The regulations contained in this Subpart A—Introduction and General part are prescribed for the proper use Provisions and management of all Alaska Na- Sec. tional Wildlife Refuges and supplement 36.1 How do the regulations in this part the general National Wildlife Refuge apply to me and what do they cover? System regulations found in title 50 36.2 What do these terms mean? CFR chapter I, subchapter C. The gen- 36.3 Information collection. eral National Wildlife Refuge System regulations are automatically applica- Subpart B—Subsistence Uses ble in their entirety to the Alaska Na- 36.11 Purpose and policy. tional Wildlife Refuges except as sup- 36.12 Use of snowmobiles, motorboats, dog plemented or modified by these regula- teams and other means of surface trans- tions or amended by ANILCA. portation traditionally employed by (b) Except as provided in paragraph local rural residents engaged in subsist- (c) of this section, the regulations con- ence uses. tained in this part are applicable only 36.13 Subsistence fishing. 36.14 Subsistence hunting and trapping. on federally-owned lands within the 36.15 Subsistence uses of timber and plant boundaries of any Alaska National material. Wildlife Refuge. For purposes of this 36.16 Closure to subsistence uses of fish and part, ‘‘federally-owned lands’’ means wildlife. land interests held or retained by the
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United States, but does not include ited to, airplanes, helicopters and glid- those land interests: ers. (1) Tentatively approved, legisla- Alaska National Wildlife Refuges tively conveyed, or patented to the means all lands, waters and interests State of Alaska; or therein administered by the U.S. Fish (2) Interim conveyed or patented to a and Wildlife Service within the fol- Native Corporation or person. lowing National Wildlife Refuges in (c) The regulations found in 50 CFR, Alaska: Alaska Maritime, Arctic, Alas- parts 25, 26, 27, and 28, and §§ 32.2(d) and ka Peninsula, Becharof, Innoko, 32.5(c), except as supplemented or Kanuti, Kenai, Kodiak, Koyukuk, modified by this part or amended by Nowitna, Selawik, Tetlin, Izembek, ANILCA, along with the regulations Togiak, Yukon Delta and Yukon Flats. found in 50 CFR 36.35(d), also are appli- ANILCA means the Alaska National cable to administrative and visitor fa- Interest Lands Conservation Act, 94 cility sites of the Fish and Wildlife Stat 237, Pub. L. 96–487 (December 2, Service in Alaska which we may hold 1980). in fee or less than fee title and are ei- Downed aircraft means an aircraft ther inside or outside the approved that as a result of mechanical failure boundaries of any Alaska National or accident cannot take off. Wildlife Refuge. Less than fee title Fish and wildlife means any member lands do not include easements under of the animal kingdom, including with- Section 17(b) of the Alaska Native out limitation any mammal, fish, bird Claims Settlement Act (85 Stat. 688), (including any migratory, non-migra- but although not limited to, they in- tory, or endangered bird for which pro- clude sites administered by a national tection is also afforded by treaty or wildlife refuge under the terms of a other international agreement), am- memorandum of understanding or lease phibian, reptile, mollusk, crustacean, agreement. arthropod, or other invertebrate, and [46 FR 31827, June 17, 1981, as amended at 64 includes any part, product, egg, or off- FR 14151, Mar. 24, 1999] spring thereof, or dead body or part thereof. § 36.2 What do these terms mean? Off-road vehicle means any motor ve- The following definitions shall apply hicle designed for or capable of cross- to the regulations contained in this country travel on or immediately over part. land, water, sand, snow, ice, marsh, Adequate and feasible access means a wetland, or other natural terrain, ex- reasonable method and route of pedes- cept snowmobiles as defined in this trian or vehicular transportation section. It includes, but is not limited which is economically practicable for to, four-wheel drive or low-pressure- achieving the use or development de- tire vehicles, motorcycles and related sired by the applicant on his/her non- two-, three-, or four-wheel vehicles, federal land or occupancy interest, but amphibious machines, ground-effect or does not necessarily mean the least air-cushion vehicles, air-thrust boats, costly alternative. recreation vehicle campers, and any Adequate snow cover means snow of other means of transportation deriving sufficient depth to protect the under- motive power from any source other lying vegetation and soil. than muscle or wind. Administrative and visitor facility sites Person means any individual, firm, means any facility or site administered corporation, society, association, part- by the U.S. Fish and Wildlife Service nership, or other private or public for public entry or other administra- body. tive purposes including, but not lim- Public lands means lands situated in ited to, refuge staff offices, visitor cen- Alaska which are federally owned ters, public access and parking sites, lands, except: and campgrounds. (1) Land selections of the State of Aircraft means a machine or device Alaska which have been tentatively ap- that is used or intended to be used to proved or validly selected under the carry persons or objects in flight Alaska Statehood Act (72 Stat. 339) and through the air, including but not lim- lands which have been confirmed to,
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validly selected by, or granted to the Take or taking, as used with respect Territory of Alaska or the State under to fish and wildlife, means to pursue, any other provision of Federal law; hunt, shoot, trap, net, capture, collect, (2) Land selections of a Native Cor- kill, harm or attempt to engage in any poration made under the Alaska Native such conduct. Claims Settlement Act (85 Stat. 688) Temporary means a continuous period which have not been conveyed to a Na- of time not to exceed 12 months, except tive Corporation, unless any such se- as specifically provided otherwise. lection is determined to be invalid or is [46 FR 31827, June 17, 1981, as amended at 51 relinquished; and FR 44793, Dec. 12, 1986; 64 FR 14151, Mar. 24, (3) Lands referred to in section 19(b) 1999] of the Alaska Native Claims Settle- ment Act. § 36.3 Information collection. Refuge Manager means any Fish and The information collection require- Wildlife Service official in charge of an ments contained in this part have been Alaska National Wildlife Refuge, the approved by the Office of Management Alaska Regional Director of the Fish and Budget under 44 U.S.C. et seq. and and Wildlife Service, or an authorized assigned clearance number 1018–0014. representative of either. The collected information will assist Snowmachine or snowmobile means a the Service in administering these pro- self-propelled vehicle intended for off- grams and, particularly, in the road travel primarily on snow having a issuance of permits and the granting of curb weight of not more than 1,000 statutory or administrative benefits. pounds (450 kg), driven by track or The information requested in the appli- tracks in contact with the snow and cation form is required to obtain a ben- steered by a ski or skis in contact with efit. The public reporting burden for the snow. this collection of information is esti- Subsistence uses means the customary mated to average 1.5 hours each for 150 and traditional uses by rural Alaska non-competitively awarded permits residents of wild, renewable resources and 31.66 hours each for 60 competi- for direct personal or family consump- tively awarded permits including the tion as food, shelter, fuel, clothing, time for reviewing instructions, tools, or transportation; for the mak- searching existing data sources, gath- ing and selling of handicraft articles ering and maintaining data needed, and out of nonedible byproducts of fish and completing and reviewing the collec- wildlife resources taken for personal or tion of information. The estimated an- family consumption; for barter or shar- nual number of respondents is 210, ing for personal or family consump- yielding a total annual reporting and tion; and, for customary trade. For record keeping burden of 2125 hours. purpose of this paragraph, the term: Comments and suggestions on the bur- (1) Family means all persons related den estimate or any other aspect of the by blood, marriage, or adoption, or any form should be sent directly to the Of- person living within the household on a fice of Information and Regulatory Af- permanent basis; and fairs; Office of Management and Budg- et; Attention: Interior Desk Officer; (2) Barter means the exchange of fish Washington, DC 20503; and a copy of the or wildlife or their parts taken for sub- comments should be sent to the Infor- sistence uses: mation Collection Clearance Officer, (i) For other fish or game of their U.S. Fish and Wildlife Service, MS 224– parts; or ARLSQ; 1849 C Street, NW., Wash- (ii) For other food or for nonedible ington, DC 20240. items other than money if the ex- change is of a limited and noncommer- [62 FR 45340, Aug. 27, 1997] cial nature; and (3) Customary trade shall be limited to Subpart B—Subsistence Uses the exchange of furs for cash, and such other activities, if any, as may be des- § 36.11 Purpose and policy. ignated in special rules for Alaska Na- (a) Consistent with the management tional Wildlife Refuges. of fish and wildlife in accordance with
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recognized scientific principles and the traditionally employed by local rural purposes for which each Alaska Na- residents engaged in subsistence uses if tional Wildlife refuge was established, the Refuge Manager determines that designated, or expanded by ANILCA, such use is causing or is likely to cause the purpose of this subpart is to pro- an adverse impact on public health and vide the opportunity for local rural safety, resource protection, protection residents engaged in a subsistence way of historic or scientific values, subsist- of life to do so pursuant to applicable ence uses, conservation of endangered State and Federal law. or threatened species, or other pur- (b) Consistent with sound manage- poses and values for which the refuge ment principles and the conservation was established. of healthy populations of fish and wild- (c) No restrictions or closures shall life, the utilization of Alaska National be imposed without notice and a public Wildlife Refuges is to cause the least hearing in the affected vicinity and adverse impact possible on local rural other locations as appropriate. In the residents who depend upon subsistence case of emergency situations, restric- uses of the resources of the public tions or closures shall not exceed sixty lands in Alaska. (60) days and shall not be extended un- (c) Nonwasteful subsistence uses of less the Refuge Manager establishes, fish, wildlife and other renewable re- after notice and public hearing in the sources by local rural residents shall be affected vicinity and other locations as the priority consumptive uses of such appropriate, that such extension is jus- resources over any other consumptive tified according to the factors set forth uses permitted within Alaska National in paragraph (b) of this section. Notice Wildlife Refuge areas. of the proposed or emergency restric- (d) The State of Alaska is authorized tions or closures and the reasons there- to regulate the taking of fish and wild- for shall be published in at least one life for subsistence uses within Alaska newspaper of general circulation with- National Wildlife Refuges to the extent in the State and in at least one local such regulation is consistent with ap- newspaper if available, and informa- plicable Federal Law, including but not tion about such proposed or emergency limited to ANILCA. actions shall also be made available for (e) Nothing in this subpart shall be broadcast on local radio stations in a construed as permitting the level of manner reasonably calculated to in- subsistence uses of fish and wildlife form local rural residents in the af- within Alaska National Wildlife Ref- fected vicinity. All restrictions and uges to be inconsistent with the con- closures shall be designated on a map servation of healthy populations of fish which shall be available for public in- and wildlife. spection at the office of the Refuge § 36.12 Use of snowmobiles, motor- Manager of the affected refuge and the boats, dog teams and other means post office or postal authority of every of surface transportation tradition- affected community within or near the ally employed by local rural resi- refuge area, or by the posting of signs dents engaged in subsistence uses. in the vicinity of the restrictions or (a) Notwithstanding any other provi- closures, or both. sion of subchapter C of title 50 CFR the (d) Snowmobiles, motorboats, dog use of snowmobiles, motorboats, dog teams and other means of surface teams and other means of surface transportation traditionally employed transportation traditionally employed by local rural residents engaged in sub- by local rural residents engaged in sub- sistence uses shall be operated (1) in sistence uses is permitted within Alas- compliance with applicable State and ka National Wildlife Refuges except at Federal law, (2) in such a manner as to those times and in those areas re- prevent waste or damage to the refuge, stricted or closed by the Refuge Man- and (3) in such a manner as to prevent ager. the herding, harassment, hazing or (b) The Refuge Manager may restrict driving of wildlife for hunting or other or close a route or area to the use of purposes. snowmobiles, motorboats, dog teams or (e) At all times when not engaged in other means of surface transportation subsistence uses, local rural residents
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may use snowmobiles, motorboats, dog that no more than 20 trees may be cut teams and other means of surface annually by an individual without a transportation in accordance with sub- special use permit, no cutting may be part C of this part. done within 50 feet of a stream, lake, or river and no more than one tree in five § 36.13 Subsistence fishing. (20%) may be cut in any specific stand; Fish may be taken by local rural on the remainder of the Arctic Na- residents for subsistence uses in com- tional Wildlife Refuge and on all other pliance with applicable State and Fed- Alaska National Wildlife Refuges, the eral law. To the extent consistent with Refuge Manager may allow cutting in the provisions of this part and other accordance with the specifications of a Federal law, applicable State laws and special use permit if such cutting is de- regulations governing the taking of termined to be compatible with the fish which are now or will hereafter be purposes for which the refuge was es- in effect are hereby incorporated by tablished; reference as a part of these regulations. (3) For live standing timber less than three inches diameter at breast height, § 36.14 Subsistence hunting and trap- cutting is allowed unless restricted by ping. the Refuge Manager. Local rural residents may hunt and (b) The noncommercial gathering by trap wildlife for subsistence uses in local rural residents of fruits, berries, Alaska National Wildlife Refuges in mushrooms, and other plant materials compliance with applicable State and for subsistence uses, and the non- Federal laws. To the extent consistent commercial gathering of dead or with the provisions of this part and downed timber for firewood, shall be other Federal law, applicable State allowed without a permit. laws and regulations governing the (c)(1) Notwithstanding any other pro- taking of wildlife which are now or will vision of this part, the Refuge Man- hereafter be in effect are hereby incor- ager, after notice and public hearing in porated by reference as a part of these the affected vicinity and other loca- regulations. tions as appropriate, may temporarily close all or any portion of an Alaska § 36.15 Subsistence uses of timber and National Wildlife Refuge to subsistence plant material. uses of a particular plant population (a) Notwithstanding any other provi- only if necessary for reasons of public sion of this part, the noncommercial safety, administration, or to assure the cutting of live standing timber by local continued viability of such population. rural residents for appropriate subsist- For purposes of this section, the term ence uses, such as firewood or house ‘‘temporary’’ shall mean only as long logs, may be permitted in Alaska Na- as reasonably necessary to achieve the tional Wildlife Refuges as follows: purpose of the closure. (1) For live standing timber greater (2) If the Refuge Manager determines than six inches diameter at breast that an emergency situation exists and height (41⁄2 feet above ground level), the that extraordinary measures must be Refuge Manager may allow cutting in taken for public safety or to assure the accordance with the specifications of a continued viability of a particular special use permit if such cutting is de- plant population, the Refuge Manager termined to be compatible with the may immediately close all or any por- purposes for which the refuge was es- tion of an Alaska National Wildlife tablished; Refuge to the subsistence uses of such (2) For live standing timber between population. Such emergency closure three and six inches diameter at breast shall be effective when made, shall be height, cutting is allowed on the Arctic for a period not to exceed sixty (60) National Wildlife Refuge south of lati- days, and may not subsequently be ex- tude 68 degrees North and on the tended unless the Refuge Manager es- Innoko, Kanuti, Koyukuk, Nowitna, tablishes, after notice and public hear- Selawik, Tetlin, and Yukon Flats Na- ing in the affected vicinity and other tional Wildlife Refuges unless re- locations as appropriate, that such clo- stricted by the Refuge Manager, except sure should be extended.
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(3) Notice of administrative actions (c) Notice of administrative actions taken pursuant to this section, and the taken pursuant to this section and the reasons justifying such actions, shall reasons justifying such actions shall be be published in at least one newspaper published in at least one newspaper of of general circulation within the State general circulation within the State and in at least one local newspaper if and in at least one local newspaper if available, and information about such available, and information about such actions and reasons therefor also shall actions and justifying reasons shall be be made available for broadcast on made available for broadcast on local local radio stations in a manner rea- radio stations in a manner reasonably sonably calculated to inform local calculated to inform local rural resi- rural residents in the affected vicinity. dents in the affected vicinity. All clo- All closures shall be designated on a sures shall be designated on a map map which shall be available for public which shall be available for public in- inspection at the office of the Refuge spection at the office of the Refuge Manager of the affected refuge and the Manager of the affected refuge area post office or postal authority of every and the post office or postal authority affected community within or near the refuge, or by the posting of signs in the of every affected community within or vicinity of the restrictions, or both. near the refuge area, or by the posting of signs in the vicinity of the closures, [46 FR 31827, June 17, 1981, as amended at 51 or both. FR 44793, Dec. 12, 1986]
§ 36.16 Closure to subsistence uses of Subpart C [Reserved] fish and wildlife. (a) Notwithstanding any other provi- Subpart D—Other Refuge Uses sion of this part, the Refuge Manager, after consultation with the State and § 36.31 Recreational activities. adequate notice and public hearing in (a) Public recreational activities the affected vicinity and other loca- within the Alaska National Wildlife tions as appropriate, may temporarily Refuges are authorized as long as such close all or any portion of an Alaska activities are conducted in a manner National Wildlife Refuge to subsistence compatible with the purposes for which uses of a particular fish or wildlife pop- the areas were established. Such rec- ulation only if necessary for reasons of reational activities include, but are not public safety, administration, or to as- limited to, sightseeing, nature observa- sure the continued viability of such tion and photography, sport hunting, population. For the purposes of this sport fishing, boating, camping, hiking, section, the term ‘‘temporarily’’ shall picnicking and other related activities. means only so long as reasonably nec- essary to achieve the purpose of the Any existing special regulations now in closure. force and effect shall continue to apply (b) If the Refuge Manager determines to the applicable refuge lands in Alas- that an emergency situation exists and ka National Wildlife Refuges. that extraordinary measures must be (b) Surface collection, by hand (in- taken for public safety or to assure the cluding handheld gold pans) and for continued viability of a particular fish personal recreational use only, of rocks or wildlife population, he may imme- and minerals is authorized: Provided diately close all or any portion of a ref- however, That (1) collection of silver, uge to the subsistence uses of such pop- platinum, gemstones and fossils is pro- ulation. Such emergency closure shall hibited, and (2) collection methods be effective when made, shall not ex- which may result in disturbance of ceed sixty (60) days, and may not sub- ground surface, such as the use of shov- sequently be extended unless the Ref- els, pickaxes, sluice boxes and dredges, uge Manager establishes, after notice are prohibited. The recreation activi- and public hearing in the affected vi- ties specified in paragraphs (a) and (b) cinity and other locations as appro- of this section may be prohibited or priate, that such closure should be ex- otherwise restricted in accordance with tended. the provisions of § 36.42.
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§ 36.32 Taking of fish and wildlife. cept that a trapper may use a firearm (a) The taking of fish and wildlife for or any other weapon to dispatch a le- sport hunting, trapping and sport fish- gally caught wolf or wolverine in a ing is authorized in accordance with trap or snare on the same day in which applicable State and Federal law and the flying occurred. This prohibition such laws are hereby adopted and made does not apply to flights on regularly a part of these regulations; Provided scheduled commercial airlines between however, That the Refuge Manager, regularly maintained public airports. pursuant to § 36.42, may designate areas (2) Sport and commercial fishing. (i) where, and establish periods when, no Each person shall secure and possess taking of a particular population of all required State licenses and shall fish or wildlife shall be permitted. comply with the applicable provisions (b) The exercise of valid commercial of State law unless further restricted fishing rights or privileges obtained by Federal law; pursuant to existing law, including any (ii) Each person shall comply with use of refuge areas for campsites, cab- the applicable provisions of Federal ins, motorized vehicles and aircraft law. landing directly incident to the exer- (d) Nothing in this section shall cise of such rights or privileges, is au- apply to the taking of fish and wildlife thorized; Provided, however, That the for subsistence uses. Refuge Manager may restrict or pro- (e) Nothing in these rules shall be in- hibit the exercise of these rights or terpreted as waiving the requirements privileges or uses of federally owned of other fish and wildlife conservation lands directly incident to such exercise statutes such as the Airborne Hunting if he determines, after conducting a Act or those provisions of subchapter C public hearing in the affected locality, of title 50 CFR regarding the taking of that they are inconsistent with the depredating wildlife. Animal control purposes of the refuge and that they programs shall only be conducted in constitute a significant expansion of accordance with a special use permit commercial fishing activities within issued by the Refuge Manager. such refuge beyond the level of such ac- [46 FR 31827, June 17, 1981, as amended at 59 tivities in 1979. FR 39412, Aug. 2, 1994] (c) The following provisions shall apply to any person while engaged in § 36.33 What do I need to know about the taking of fish and wildlife within using cabins and related structures an Alaska National Wildlife Refuge: on Alaska National Wildlife Ref- (1) Trapping and sport hunting. (i) uges? Each person shall secure and possess (a) Definitions. As used in this sec- all required State licenses and shall tion, the term: comply with the applicable provisions Administrative cabin shall mean any of State law unless further restricted cabin only used by refuge or other au- by Federal law; thorized personnel for the administra- (ii) Each person shall comply with tion of the refuge. the applicable provisions of Federal Cabin shall mean a small, usually law; single-story, three or more sided struc- (iii) In addition to the requirements ture that is permanently and com- of paragraphs (a) and (b) of this sec- pletely enclosed with a roof and walls. tion, each person shall continue to se- The roof and walls are not fabric, can- cure a trapping permit from the appro- not be easily disassembled, and are not priate Refuge Manager prior to trap- removed seasonally. ping on the Kenai, Izembek and Kodiak Commercial cabin shall mean any Refuges and the Aleutian Islands Unit cabin which is used in association with of the Alaska Maritime Refuge. a commercial operation including but (iv) It shall be unlawful for a person not limited to commercial fishing ac- having been airborne to use a firearm tivities and recreational guiding serv- or any other weapon to take or assist ices. in taking a wolf or wolverine until Existing cabin shall mean any cabin after 3:00 a.m. on the day following the situated on Federal lands before De- day in which the flying occurred, ex- cember 2, 1980. A cabin legally situated
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on lands that subsequently become ref- ment. Adequate public notice shall in- uge will also be considered an ‘‘exist- clude: Posting notices of trespass on ing’’ cabin providing the applicant unclaimed cabins; publication of no- meets the appropriate application tices of trespass in Anchorage and deadlines. Fairbanks newspapers and in at least Family shall include the spouse (in- one local newspaper if available; and cluding what is known as a common- posting notices of trespass at appro- law relationship), children by birth or priate community post offices. A Gov- adoption, and other blood relatives ernment-owned cabin may be used for within the second degree of kindred. refuge administration, used for emer- Guest shall mean a person who occa- gency purposes by the public, per- sionally visits the permittee in the mitted to another applicant, des- cabin. This term does not include cli- ignated a public use cabin, or de- ents using commercial cabins. stroyed. Disposal of excess cabins and Immediate family shall include the structures will be according to regula- spouse and children, either by birth or tions pursuant to title 41, chapter 114 adoption, of the claimant residing in of the Code of Federal Regulations. the cabin or structure. New cabin shall mean any permitted (3) Willful noncompliance with the cabin constructed on refuge lands after conditions and stipulations of a special December 2, 1980. This may also include use permit shall be considered grounds a cabin whose claimant failed to meet to invoke the administrative process the application deadline for existing leading to notice and hearing, and pos- cabins but is otherwise a permitted sible revocation of the permit. The ref- cabin. uge manager will attempt to resolve Other related structures shall mean problems of noncompliance with the those structures or devices essential to permittee as soon as possible after the the activities for which the cabin spe- situation becomes known. If this effort cial use permit is issued. This includes fails, the refuge manager shall provide but is not limited to outdoor toilets, written notice to the permittee within food caches, storage sheds, and fish 30 days of that date, informing the per- drying racks. mittee of noncompliance, giving spe- Private recreational use shall mean a cific instructions for compliance and use associated with leisure activities, providing appropriate time for the per- not including bona fide subsistence mittee to comply. uses or authorized commercial uses. (4) No special use permit will be Public use cabin shall mean a cabin issued for the construction of a cabin owned and administered by the Fish for private recreational use or for the and Wildlife Service and available for private recreational use of an existing use by the public. cabin. (b) All cabins. The regulations in this (5) Guests are allowed to occupy a paragraph (b) shall apply to all cabins, cabin only during the activity period claimants, occupants, and guests. The identified on the special use permit. regulations in this paragraph (b) do not apply to temporary facilities: any Guests occupying a cabin during the structure or man-made improvement absence of the permittee shall obtain a which can readily be completely dis- letter of authorization from the per- mantled and removed from the site mittee. The guest must have a copy of when the period of authorized use is the letter in his/her possession. In com- terminated. mercial cabins, the permittee or an- (1) A special use permit is required to other person listed on the permit must construct, use and/or occupy a cabin on be present when the cabin is occupied Fish and Wildlife Service lands within by guests or clients. the refuge. The permit may also au- (6) A person whose permit application thorize the use of related structures (new or renewal) for a cabin has been and other necessary appurtenances. denied or whose cabin permit has been (2) After adequate public notice has revoked by the refuge manager may ap- been given, unclaimed cabins become peal to the Regional Director as de- the property of the Federal Govern- scribed in § 36.41(b).
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(c) Existing cabins. In addition to those immediate family members who paragraph (b) of this section, the regu- may be eligible to renew a permit for lations in this paragraph (c) shall apply continued use and occupancy upon the to all existing cabins, claimants, occu- original claimant’s death (this is not pants, and guests. applicable to cabins used for commer- (1) Where a valid cabin permit or cial purposes). lease was in effect on December 2, 1980, (3) Applications for permits for exist- or at the time the land was subse- ing cabins, which are not currently quently added to the refuge, the refuge under valid permits, will only be ac- manager shall provide for the continu- cepted for a period of one year fol- ation of the permit or lease under the lowing the effective date of these regu- same conditions. The new permit shall lations. However, cabins that were le- be nontransferable and renewable every gally located on lands that subse- five years unless the continuation quently become refuge will also be con- would directly threaten or signifi- sidered ‘‘existing’’ cabins. The owners cantly impair the purposes for which will have two years following the date the refuge was established. The cabin the lands become refuge to apply for a and related structures are the personal permit. Following those dates, all ap- property of the claimant and can be re- plications for cabins will be for ‘‘new’’ moved by him/her upon non-renewal or cabins only, no matter when the cabin revocation. The owner of a cabin may was built or first used. If ownership is sell his/her interest in the cabin to an- not established within three years other person; however, the new owner after the land becomes refuge, the does not automatically qualify for a cabin may be considered abandoned, permit and must apply for a new one. and it will become Federal property in (2) To obtain a special use permit for accordance with Federal regulations. a cabin that was not under permit or (4) The occupancy of a noncommer- lease before December 2, 1980, or at the cial cabin is limited to the permittee time the land was subsequently added and his/her family, bona fide partners, to the refuge, a claimant should submit and guests. to the refuge manager an application that includes the following: (5) Major modification or rehabilita- (i) Reasonable proof of possessory in- tion of an existing cabin must be ap- terest or right to occupy the cabin as proved by the refuge manager before shown by affidavit, bill of sale, or other construction begins. The modifications document. will be done by the permittee or des- (ii) Date of construction or acquisi- ignated agent and will remain the tion. property of the permittee. Major addi- (iii) A sketch or photograph that ac- tions (e.g., larger than the original curately depicts the cabin and related cabin) may fall under the ownership structures. provisions for new cabins. Although (iv) The dimensions of the cabin and cabins destroyed by accidents, van- related structures. dalism or natural causes may be recon- (v) A U.S. Geological Survey topo- structed, they must be approved by the graphic map that shows the geographic refuge manager before construction location of the cabin and related struc- and must meet the construction guide- tures. lines for new cabins, even though re- (vi) The claimant’s agreement to va- maining the property of the claimant. cate and remove all personal property (d) New cabins. In addition to para- from the cabin and related structures graph (b) of this section, the regula- within one year from receipt of a non- tions in this paragraph (d) shall apply renewal or revocation notice. to all new cabins, claimants, occu- (vii) The claimant’s acknowledgment pants, and guests. that he/she has no legal interest in the (1) A nontransferable, five year spe- real property on which the cabin and cial use permit shall only be issued related structures are located. upon a determination that the pro- (viii) A list of family members resid- posed construction, use and mainte- ing with the claimant in the cabin nance of the cabin is compatible with being applied for. It need only include refuge purposes and that the cabin use
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is either directly related to refuge ad- year special use permit. It shall be re- ministration or is needed for continu- newed every five years (upon request) ation of an ongoing activity or use oth- until the death of the original claim- erwise allowed within the refuge where ant’s last immediate family member the applicant lacks a reasonable off- unless the special use permit has been refuge site. In addition, these activities revoked or the cabin has been aban- must have historically been supported doned. by the construction and use of cabins (4) No new cabins will be constructed in the geographic area. In general, new in designated wilderness areas unless cabin permits will be given only to they are built specifically for the ad- local residents to pursue a legitimate ministration of the area, for public subsistence activity. In determining safety, or for trapping where trapping whether to permit the construction, has been a traditional and customary use, and occupancy of cabins or other use. structures, the refuge manager shall be (5) New trapping cabins in wilderness guided by factors such as other public will be available for public use to en- uses, public health and safety, environ- sure public health and safety. mental and resource protection, re- (6) The occupancy of a noncommer- search activities, protection of historic cial cabin is limited to the permittee, or scientific values, subsistence uses, and his/her family, bona fide partners, endangered or threatened species con- and guests. servation and other management con- (e) Commercial cabins. In addition to siderations necessary to ensure that paragraph (b) of this section, the regu- the activities authorized pursuant to a lations in this paragraph (e) shall apply permit are compatible with the pur- to all commercial cabins, permittees, poses for which the refuge was estab- clients, guests, and occupants. lished. (1) A special use permit is required (2) To obtain a special use permit for for all cabins used for commercial pur- a new cabin, an applicant should sub- poses. Refuge managers may also issue mit to the refuge manager an applica- special use permits that authorize ad- tion that includes the following: ditional commercial use of an existing (i) A sketch that accurately depicts cabin used for guiding, etc. The use of the proposed cabin and related struc- a new cabin shall be limited to the type tures. of use specified in the original permit. (ii) The dimensions of the proposed The refuge manager may permit the cabin and related structures. use of an existing cabin on non-wilder- (iii) A U.S. Geological Survey topo- ness refuge lands for the exercise of graphic map that shows the geographic valid commercial fishing rights. Such a location of the proposed cabin and re- permit may be denied if, after con- lated structures. ducting a public hearing in the affected (iv) The applicant’s agreement to va- locality, it is found that the use is in- cate and remove all personal property consistent with refuge purposes and is from the cabin and related structures a significant expansion of commercial within one year from receipt of a non- fishing activities within the unit be- renewal or revocation notice. yond 1979 levels. (v) The applicant’s acknowledgment (2) When the commercial fishing or that he/she has no legal interest in the guiding rights associated with a per- cabin and related structures or in the mittee’s existing cabin are acquired by real property on which the cabin and a new party, the privilege of using the related structures are located. cabin cannot be sold and the new party (vi) A list of family members residing does not necessarily qualify for a cabin with the applicant in the cabin being permit. He/she must apply for a permit applied for. It need only include those and meet the criteria described in this immediate family members who may paragraph (e) before issuance of a spe- be eligible to renew a permit for con- cial use permit by the refuge manager. tinued use and occupancy upon the He/she may not occupy the cabin before original claimant’s death. issuance of a permit. (3) The permitting instrument shall (3) No new commercial cabins will be be a nontransferable renewable five permitted in wilderness areas.
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(4) Commercial cabins may be occu- § 36.34 Firearms. pied only by persons legitimately in- volved in the commercial enterprise, The possession, use and transporting assistants, employees, their families, of firearms is authorized for hunting guests and clients and only during the and personal protection in accordance time that the authorized activity is oc- with State and Federal laws unless pro- curring. The names of those individ- hibited or otherwise restricted by the uals, excluding guests and clients, will Refuge Manager in accordance with the be listed on the permit. The permittee provisions of § 36.42. or another individual listed on the per- mit must be present when the cabin is § 36.35 Unattended property. occupied. (a) Leaving any snowmachine, vessel, (5) Special use permits for commer- off-road vehicle or other personal prop- cial cabins may be renewed annually in erty unattended for longer than 12 conjunction with the special use per- months without the prior permission of mit renewal for the commercial activ- the Refuge Manager is prohibited, and ity itself. The cabin permit may be any property so left may be impounded issued for periods of up to five years and is a separate permit from one by the Refuge Manager. issued for the commercial activity. (b) The Refuge Manager may (1) des- (f) Administrative and government- ignate areas where personal property owned public use cabins. In addition to may not be left unattended for any paragraph (a) of this section, the regu- time period, (2) establish limits on the lations in this paragraph (f) apply to amount and type of personal property all administrative and government- that may be left unattended, (3) pre- owned cabins. scribed the manner in which personal (1) The refuge manager can designate property may be left unattended or (4) those cabins not under permit as ad- establish limits on the length of time ministrative cabins to be used for offi- personal property may be left unat- cial government business. Administra- tended. tive cabins may be used by the public (c) Such designations and restric- during life-threatening emergencies. tions arising under paragraph (b) of On a case-by-case basis, they may also this section shall be (1) published in at be designated as public use cabins when least one newspaper of general circula- not needed for government purposes. In tion within the State, posted at com- such cases, the refuge manager must munity post offices within the affected inform the public and post dates or sea- vicinity, made available for broadcast sons when the cabins are available. on local radio stations in a manner rea- (2) The refuge manager may des- sonably calculated to inform residents ignate government-owned cabins as in the affected community, and des- public use cabins. They are only in- ignated in a map which shall be avail- tended for short-term public rec- able for public inspection at the office reational use and occupancy. The ref- uge manager may develop an alloca- of the Refuge Manager, or (2) des- tion system for managing public use ignated by the posting of appropriate cabins for short-term recreational use. signs or (3) both. No existing public use cabins shall be (d) In the event unattended property removed or new public use cabins con- interferes with the safe and orderly structed within wilderness areas des- management of a refuge area or causes ignated by the Alaska National Inter- damage to refuge resources, it may be est Lands Conservation Act of 1980 or impounded by the Refuge Manager at subsequently designated wilderness any time. areas until the Secretary of the Inte- rior notifies the House Committee on § 36.36 Sled dogs and household pets. Interior and Insular Affairs and the The general trespass provisions of 50 Senate Committee on Energy and Nat- CFR 26.21 shall not apply to household ural Resources. pets and sled, work, or pack dogs under [59 FR 38314, July 27, 1994, as amended at 64 the direct control of their owners or FR 14151, Mar. 24, 1999] handlers, but such activities may be
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prohibited or otherwise restricted pur- authority over the actions or oper- suant to the provisions of § 36.42. ations of the business. [46 FR 40192, Aug. 7, 1981] (5) Historical operator means any per- son who: § 36.37 Revenue producing visitor (i) On or before January 1, 1979, was services. lawfully engaged in adequately pro- (a) Applicability. (1) Except as other- viding any type of visitor service in a wise provided for in this paragraph, the refuge within the scope of paragraph regulations contained in this section (c) of this section; apply to new visitor services provided (ii) Has continued to lawfully provide within all National Wildlife Refuge that visitor service; and areas in Alaska. (iii) Is otherwise determined by the (2) The rights granted by this section Refuge Manager to have a right to con- to historical operators, preferred oper- tinue to provide such services or simi- ators, and Cook Inlet Region, Incor- lar services pursuant to paragraph (c) porated, are not exclusive. The Refuge of this section. Manager may authorize other persons (6) Local area means that area in to provide visitor services on refuge Alaska within 100 miles of the location lands. Nothing in this section shall re- within a refuge where any of the vis- quire the Refuge Manager to issue a itor service is authorized. visitor services permit if not otherwise (7) Local resident means: mandated by statute to do so. Nothing (i) For individuals. Those individuals in this section shall authorize the Ref- that have maintained their primary, uge Manager to issue a visitor services permanent residence and business permit to a person who is not capable within the local area for the past of carrying out its terms and condi- twelve (12) consecutive months and tions in a satisfactory manner. whenever absent from this primary, (3) This section does not apply to the permanent residence, have the inten- guiding of sport hunting or sport fish- tion of returning to it. Factors dem- ing. onstrating the location of an individ- (b) Definitions. The following defini- ual’s primary, permanent residence and tions shall apply to this section: business may include, but are not lim- (1) Best offer means a responsive offer ited to, the permanent address indi- that best meets, as determined by the cated on licenses issued by the State of Refuge Manager, the selection criteria Alaska, tax returns, and voter registra- contained in a competitive solicitation tions. for a visitor services permit. (ii) For corporations. A corporation in (2) Controlling interest, in the case of a which the controlling interest is held corporation means an interest, bene- by an individual or individuals who ficial or otherwise, of sufficient out- qualify as ‘‘local resident(s)’’ within standing voting securities or capital of the meaning of this section. For non- the business, so as to permit exercise of final managerial authority over the ac- profit corporations a majority of the tions and operations of the corpora- board members and a majority of the tion, or election of a majority of the officers must qualify as ‘‘local resi- Board of Directors of the corporation. dents.’’ (3) Controlling interest in the case of a (8) Native Corporation means the same partnership, limited partnership, joint as defined in section 102(6) of ANILCA. venture or individual entrepreneurship (9) Preferred operator means a local means a beneficial ownership of or in- resident or Native Corporation which is terest in the entity so as to permit the entitled to a preference under this sec- exercise of final managerial authority tion in the award of a permit, and as over the actions and operations of the otherwise provided under section entity. 1307(b) of ANILCA. (4) Controlling interest in other cir- (10) A responsive offer means one cumstances means any arrangement which is timely made and meets the under which a third party has the abil- terms and conditions of the solicita- ity to exercise general management tion document.
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(11) Similar visitor service means that Manager from permitting persons, in visitor service authorized by the Ref- addition to historical operators, to pro- uge Manager to be provided on a refuge vide visitor services in the refuge at and determined by the Refuge Man- the Refuge Manager’s discretion so ager, on a case by case basis, to be long as historical operators are per- similar to an established service being mitted to conduct a scope or level of provided by a historical operator. visitor services equal to or greater (12) Visitor service means any service than those provided prior to January 1, or activity made available for a fee, 1979, under terms and conditions con- commission, brokerage, or other com- sistent with this section. A historical pensation to persons who visit a refuge, operator may be permitted by the Ref- including such services as providing uge Manager, under separate author- food, accommodations, transportation, ity, to increase the scope or level of tours, and guides excepting the guiding visitor services provided prior to Janu- of sport hunting and fishing. This also ary 1, 1979, but no historical operating includes any activity where one partic- rights shall be obtained in such in- ipant/member or group of participants crease. pays more in fees than the other par- (2) A historical operator may also ticipants (non-member fees, etc.), or apply to the Refuge Manager for a per- fees are paid to the organization which mit or amended permit to provide simi- are in excess of the bona fide expenses lar types of visitor services. Granting of the trip. the request will not result in an in- (13) Right of first refusal means, as it crease in the scope or level of service relates to section 1307(a) of ANILCA, a in excess of those provided as of Janu- reasonable opportunity for a historical ary 1, 1979, by the requesting historical operator to review a description of the operator. The Refuge Manager shall new similar service and the terms and grant the request if such visitor serv- conditions upon which it is to be pro- ices are determined by the Refuge Man- vided to determine if the historical vis- ager to be: itor service operator wishes to provide (i) Consistent with the management the service. As it relates to section of refuge resources and the purposes for 1307(c) of ANILCA, it refers to the op- which the refuge area was established; portunity for Cook Inlet Region, Incor- porated to have the first opportunity (ii) Similar to the visitor services to provide new visitor services on the provided by the historical operator Kenai National Wildlife Refuge in the prior to January 1, 1979; and Cook Inlet Region. (iii) Consistent with the legal rights (c) Visitor services existing on or before of any other person. January 1, 1979, ‘‘historical operators’’. (3) When a historical operator permit (1) A historical operator shall have a has expired, and if the visitor services right to continue to provide visitor permitted by it were adequately pro- services or similar services within such vided and consistent with the purposes area, under appropriate terms and con- of the refuge as determined by the Ref- ditions, so long as such services are de- uge Manager, the Refuge Manager shall termined by the Refuge Manager to be renew the permit for a fixed term con- consistent with the purposes for which sistent with such new terms and condi- the refuge was established. A historical tions as are in the public interest. operator must obtain a permit from Should a historical operator decline to the refuge manager to conduct the vis- accept an offer of renewal, its rights as itor services. The permit shall be for a a historical operator shall be consid- fixed term and specified area, and shall ered as terminated. contain such terms and conditions as (4) If the Refuge Manager determines are in the public interest. Failure to that permitted visitor services must be comply with the terms and conditions curtailed or reduced in scope or season of the permit may result in cancella- to protect refuge resources, or for tion of the authorization and con- other purposes, the Refuge Manager sequent loss of historical operator shall require the historical operator to rights under this section. Nothing in make such changes in visitor services. this section shall prohibit the Refuge If more than one historical operator
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providing the same type of visitor serv- to Service procedures. Preferred opera- ices is required to have those services tors must submit a responsive offer to curtailed, the Refuge Manager shall es- such solicitation in order to effect tablish a proportionate reduction of their preference. If, as a result of the visitor services among all such histor- solicitation, an offer from a person ical operators, taking into account his- other than a preferred operator is de- torical operating levels and other ap- termined to be the best offer and that propriate factors, so as to achieve a offeror is determined to be capable of fair curtailment of visitor services carrying out the terms of the permit, among the historical operators. If the the preferred operator which submitted level of visitor services must be so cur- the most responsive offer shall be given tailed that only one historical operator an opportunity to substantially equal feasibly may continue to provide the the best offer received by amending its visitor services, the Refuge Manager offer. If the amended offer of the pre- shall select one historical operator to ferred operator is considered by the continue to provide the curtailed vis- Refuge Manager as being substantially itor services through a competitive se- equal to the terms of the best offer, the lection process. preferred operator, if determined to be (5) The rights of a historical operator capable of carrying out the terms of shall terminate if the historical oper- the permit, shall be awarded the visitor ator fails to provide the visitor services service permit. If the preferred oper- under the terms and conditions of a ator fails to meet these requirements, permit issued by the Refuge Manager the Refuge Manager shall award the or fails to provide the visitor services permit to the person who submitted for a period of more than twenty four the best offer in response to the solici- (24) consecutive months. tation. The Native Corporation(s) de- (6) The rights of a historical operator termined to be ‘‘most directly af- under this section shall terminate upon fected’’ under this section and local a change, after January 1, 1979, in the residents have equal preference. controlling interest of the historical (3) Nothing in this section shall pro- operator through sale, assignment, de- hibit the Refuge Manager from author- vise, transfer or otherwise. izing persons other than preferred oper- (7) The Refuge Manager may author- ators to provide visitor services in ref- ize other persons to provide visitor uge areas so long as the procedures de- services in a refuge in addition to his- scribed in this section have been fol- torical operators, as long as such other lowed with respect to preferred opera- persons conduct the services in a man- tors. Preferred operators are not enti- ner compatible with the purposes of tled by this section to provide all vis- the refuge. itor services in a qualified refuge. (d) Visitor services initially authorized (4) An offer from a Native Corpora- after January 1, 1979, ‘‘preferred opera- tion or a local corporation under this tors’’. (1) In selecting persons to pro- section must document its controlling vide, and in permitting any type of vis- interest in the entity or in the case of itor service, excepting guided hunting a joint venture, all partners, making or fishing, the Refuge Manager will the offer. give a preference to preferred operators (5) The preferences described in this determined qualified to provide such section may not be sold, assigned, visitor services. Preferences for most transferred, or devised, directly or indi- directly affected Native Corporation(s) rectly. and local residents are equal and are (e) Preference to Cook Inlet Region, In- not additive. corporated (CIRI). (1) Cook Inlet Re- (2) In selecting persons to provide gion, Incorporated, in cooperation with any type of visitor service for refuges village corporations within Cook Inlet subject to a preferred operator pref- Region when appropriate, shall have a erence under this section, the Refuge right of first refusal to provide new vis- Manager will publicly solicit competi- itor services within that portion of the tive offers for persons to apply for a Kenai National Moose Range (Kenai permit, or the renewal of a permit, to National Wildlife Refuge) within the provide such visitor service pursuant boundaries of Cook Inlet Region. The
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CIRI shall have ninety (90) days from the Refuge Manager will determine the receipt of a prospectus in which to ex- ‘‘most directly affected’’ Native Cor- ercise its right. poration based on, but not limited to, (2) In order to exercise this right of the following criteria: first refusal, CIRI must submit an offer (i) The number of acres of surface responsive to the terms of a visitor land within and adjoining the refuge services solicitation. If CIRI makes that the Native Corporation owns, or such an offer and is determined by the which has been selected under the Refuge Manager to be capable of car- Alaska Native Claims Settlement Act, rying out the terms of the special use permit, it shall be awarded the permit. unless such selection is determined to If it does not, the permit may be be invalid or is relinquished; awarded to another person pursuant to (ii) The distance and accessibility a showing that such other person can from the Native Corporation’s popu- carry out the conditions of the special lation center and/or business address to use permit in a manner compatible the applicable refuge; and with the purposes of the refuge. An (iii) The socio-economic impacts, in- offer being made by CIRI under this cluding historic and traditional use, section must document controlling in- and their effects as a result of the ex- terest by CIRI when made in coopera- pansion or establishment of the refuge. tion with village corporations within (3) In the event that more than one the Cook Inlet Region. The CIRI right Native Corporation is determined to be of first refusal shall have precedence equally affected, each such Native Cor- over the rights of preferred operators. poration shall be considered as a pre- (3) The right of first refusal described ferred operator under this section. in this section may not be sold, trans- ferred, devised, or assigned, directly or (4) The Refuge Manager’s ‘‘most di- indirectly. rectly affected’’ Native Corporation de- (f) Most directly affected Native Cor- termination or when requested, the Re- poration determination. (1) Prior to the gional Director’s appeal decision for a issuance of a solicitation document for refuge is applicable for all new visitor any new visitor service in a refuge, the services in that refuge. Refuge Manager shall provide an oppor- (5) Any Native Corporation that has tunity for any Native Corporation in- not applied for a most directly affected terested in providing visitor services Native Corporation determination may within that refuge to submit an appli- apply for a determination upon cation to the Refuge Manager to be de- issuance of a future solicitation for a termined ‘‘most directly affected’’ Na- new visitor service. A corporation de- tive Corporation. The application shall termined to be most directly affected include but not be limited to, the fol- for a refuge will maintain that status lowing information: for all future visitor service solicita- (i) The name, address, and telephone tions. number of the Native Corporation, the (g) Appeal procedures. Any person(s) date of incorporation, its articles of in- who believe that they have been im- corporation and structure, and the properly denied rights with respect to name of the applicable refuge area; (ii) The location of the corporation’s providing visitor services under this population center or centers; section may appeal the denial to the (iii) An assessment of the socio- Regional Director. Such an appeal economic impacts, including historical must be submitted in writing within and traditional use, and their effects forty-five (45) days of receipt of the de- on the Native Corporation as a result nial from which an appeal is sought. of the expansion or establishment of The appeals process as defined in 50 the refuge; and CFR subpart F, 36.41(b) will apply with (iv) Any other information the Na- exception of the period of time allowed tive Corporation believes is relevant. to file an appeal. (2) Upon receipt of all applications from interested Native Corporations, [62 FR 1842, Jan. 14, 1997]
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Subpart E—Refuge Specific (ii) No permanent improvements may Regulations be made to campsites without a special use permit. All materials brought on to § 36.39 Public use. the refuge complex must be removed upon cessation of camping unless au- (a) General. Public use of Alaska Na- thorized by a special use permit. tional Wildlife Refuges (NWR) is per- mitted subject to all other parts of 50 (iii) Other than reserved sites author- CFR part 36, those sections of 50 CFR ized by special use permits, camping at subchapter C not supplemented by part one location is limited to seven con- 36, and the following refuge-specific re- secutive nights from August 1 through 1 quirements: November 15 within ⁄4 mile of the fol- (b) Alaska Maritime National Wildlife lowing waters: Becharof Lake in the Refuge. (1) Amchitka Island—closed to Severson Peninsula area (Island Arm); all public access, occupancy and use, Becharof Lake Outlet; Ugashik Nar- unless specifically authorized by a spe- rows; Big Creek; Gertrude Lake; and cial use permit issued jointly by the Gertrude Creek between Gertrude Lake Refuge Manager and the U.S. Navy and the King Salmon River. Maps of (Commanding Officer, Fleet Surveil- the above areas are available from the lance Support Command, Chesapeake, Refuge Manager. Virginia). (iv) Tent camps must be moved a (c) Alaska Peninsula/Becharof National minimum of one mile following each Wildlife Refuge Complex. (1) The Alaska seven-night camping stay during the Peninsula/Becharof National Wildlife periods specified above. Refuge (Complex) includes the (4) Temporary facilities may be au- Becharof National Wildlife Refuge, the thorized on the Alaska Peninsula/ Chignik and Ugashik Units of the Alas- Becharof National Wildlife Refuge ka Peninsula National Wildlife Refuge Complex by special use permit only, and the Seal Cape Area of the Alaska subject to the following conditions: Maritime National Wildlife Refuge. (i) Except for administrative or sub- (2) Off-road vehicles are permitted on sistence purposes, new temporary fa- the refuge complex under cilities are prohibited within 1⁄4 mile of § 36.12(a),§ 36.39(c)(2)(ii) or the Becharof Lake shoreline. § 36.39(c)(2)(iii) and must meet the fol- (ii) Except for administrative pur- lowing conditions: poses, new temporary facilities are pro- (i) Vehicles are limited to three or hibited in the following areas: within 1⁄4 four-wheeled vehicles with a maximum mile of the shorelines of Gertrude Lake gross weight of 650 pounds as listed by and Long Lake; within 1⁄4 mile of the the manufacturer. airstrip on the south side of the King (ii) ORV’s are permitted on the fol- Salmon River approximately 1⁄2 mile lowing trails only: Yantarni Bay Air- above the confluence of Gertrude Creek strip; Yantarni Bay Airstrip to beach and the King Salmon River; within 1⁄4 trail; and Yantarni Bay Airstrip to oil mile of the shoreline of Upper and well site trail. Maps of the above areas Lower Ugashik Lakes; within 1⁄4 mile of are available from the Refuge Manager. the shoreline of Becharof Lake outlet; (iii) Subject to the weight and size and within 1⁄4 mile of the shoreline of restrictions listed in (i) above, subsist- Big Creek. Maps of the above areas are ence use of off-road vehicles, as author- available from the Refuge Manager. ized by 50 CFR 36.12(a) is allowed (d)–(h) [Reserved] throughout the Alaska Peninsula/ (i) Kenai National Wildlife Refuge—(1) Becharof National Wildlife Refuge Aircraft. (i) The operation of aircraft on Complex. the Kenai NWR, except in an emer- (3) Camping is permitted on the Ref- gency, is permitted only as authorized uge Complex subject to the following in designated areas as described below. restrictions: These areas are also depicted on a map (i) These camping limits do not apply available from the Refuge Manager. to subsistence users except at Big (A) Within the Canoe Lakes, Andy Si- Creek where they apply to all refuge mons, and Mystery Creek units of the complex users. Kenai Wilderness, only the following
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lakes are designated for airplane oper- Forest Lake ations: Imeri Lake Lili Lake CANOE LAKES UNIT Mosquito Lake Rainbow Lake Bedlam Lake Silver Lake Bird Lake Upper Jean Lake Cook Lake Watson Lake Grouse Lake Weed Lake King Lake West Lake Mull Lake Nekutak Lake All lakes in the Skilak Loop Area (South Norak Lake of Sterling Highway and North of Skilak Sandpiper Lake Lake) are closed to aircraft except that air- Scenic Lake planes may land on Bottenintnin Lake, Shoepac Lake which is open year-around and Hidden Lake, Snowshoe Lake which is only open for sport ice fishing. Taiga Lake SOUTH OF STERLING HIGHWAY Tangerra Lake Vogel Lake Headquarters Lake is restricted to admin- Wilderness Lake istrative use only. Pepper, Gene, and Swanson Lakes are only (ii) Notwithstanding any other provi- open for sport ice fishing. sion of these regulations, the operation ANDY SIMONS UNIT of aircraft is prohibited between May 1 Emerald Lake and September 30, inclusive, on any Green Lake lake where nesting trumpeter swans Harvey Lake and/or their broods are present, except High Lake Windy and Lonesome Lakes where the Iceberg Lake closure is between May 1 and Sep- Kolomin Lakes tember 10 inclusive. Lower Russian Lake (iii) The operation of wheeled air- Martin Lake craft, at the pilot’s own risk, is only Pothole Lake Twin Lakes authorized on the unmaintained Big In- Upper Russian Lake dian Creek Airstrip, on gravel areas Windy Lake within 1⁄2 mile of Wusnesenski Glacier Dinglestadt Glacier terminus lake terminus lake, and within the SE1⁄4, Wusnesenski Glacier terminus lake section 16 and SW1⁄4, section 15, T. 4 S., Tustumena Lake and all wilderness lakes R. 8 W., Seward Meridian. within one mile of the shoreline of (iv) Unlicensed aircraft are permitted Tustumena Lake. to operate on the refuge only as au- All unnamed lakes in sections 1 & 2, T. 1 thorized by a special use permit from S., R. 10 W., and sections 4, 5, 8, & 9, T. 1 S., the Refuge Manager. R. 9 W., S.M., AK. (v) Airplanes may operate only with- MYSTERY CREEK UNIT in designated areas on the Chickaloon An unnamed lake in section 11, T. 6 N., R. Flats, as depicted on a map available 5 W., S.M., AK. from the Refuge Manager. (vi) Airplane operation is permitted (B) Airplanes may operate on all on the Kasilof River, the Chickaloon lakes outside the Kenai Wilderness, ex- River outlet, and the Kenai River cept those lakes with recreational de- below Skilak Lake from June 15 velopments, including, but not limited through March 14. All other rivers on to, campgrounds, campsites, and public the refuge are closed to aircraft. hiking trails connected to road way- (2) Motorboats. Motorboats are au- sides. The non-wilderness lakes closed thorized on all waters of the refuge ex- to aircraft operations are as follows: cept under the following conditions and NORTH OF STERLING HIGHWAY within the following areas: (i) Motorboats are not authorized on Afonasi Lake lakes within the Canoe Lakes Unit of Anertz Lake Breeze Lake the Kenai Wilderness, except those Cashka Lake lakes designated for airplane oper- Dabbler Lake ations as described on a map available Dolly Varden Lake from the Refuge Manager. Boat motor
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use is not authorized on those portions (i) Snowmobiles are permitted be- of the Moose and Swanson Rivers with- tween December 1 and April 30 only in the Canoe Lakes Unit of the Kenai when the Refuge Manager determines Wilderness. that there is adequate snowcover to (ii) That section of the Kenai River protect underlying vegetation and from the outlet of Skilak Lake down- soils. During this time, the Refuge stream for three miles is closed to mo- Manager will authorize, through public torboat use between March 15 and June notice, the use of snowmobiles less 14, inclusive. However, any boat having than 46 inches in width and less than a motor attached may drift or row 1,000 pounds (450 kg) in weight. Des- through this section provided the ignated snowmobile areas are described motor is not operating. on a map available from the Refuge (iii) That section of the Kenai River Manager. from the powerline crossing located ap- (ii) All areas above timberline, ex- proximately one mile below the con- cept Caribou Hills, are closed to snow- fluence of the Russian and Kenai Riv- mobile use. ers downstream to Skilak Lake is (iii) The area within sections 5, 6, 7, closed to motorboats. However, any and 8, T. 4 N., R. 10 W., S.M., AK., east boat having a motor attached may of the Sterling Highway right-of-way, drift or row through this section pro- including the refuge headquarters com- vided the motor is not operating. plex, the environmental education/ cross-country ski trails, Headquarters (iv) Motors in excess of 10 horsepower and Nordic lakes, and the area north of are not authorized on the Moose, Swan- the east fork of Slikok Creek and son, Funny, Chickaloon (upstream of northwest of a prominent seismic trail river mile 7.5), Killey, and Fox Rivers. to Funny River Road, is closed to (v) A ‘‘no-wake’’ restriction applies snowmobile use. to Engineer, Upper and Lower Ohmer, (iv) An area, including the Swanson Bottenintnin, Upper and Lower Jean, River Canoe Route and portages, begin- Kelly, Petersen, Watson, Imeri, ning at the Paddle Lake parking area, Afonasi, Dolly Varden, and Rainbow then west and north along the Canoe Lakes. Lakes wilderness boundary to the (vi) Notwithstanding any other provi- Swanson River, continuing northeast sion of these regulations, operation of along the river to Wild Lake Creek, a motorboat is prohibited between May then east to the west shore of Shoepac 1 and September 30, inclusive, on any Lake, south to the east shore of Antler lake where nesting trumpeter swans Lake, and west to the beginning point and/or their broods are present, except near Paddle Lake, is closed to snow- Windy and Lonesome Lakes where the mobile use. closure is between May 1 and Sep- (v) An area, including the Swan Lake tember 10, inclusive. Canoe Route, and several road-con- (3) Off-Road Vehicles. (i) The use of nected public recreational lakes, air cushion, airboat, or other motor- bounded on the west by the Swanson ized watercraft, except motorboats, is River Road, on the north by the Swan not allowed on the Kenai NWR, except Lake Road, on the east from a point at as authorized by a special use permit the east end of Swan Lake Road south from the Refuge Manager. to the west bank of the Moose River, (ii) Off-road vehicle use, including op- and on the south by the refuge bound- eration on lake and river ice, is not ary, is closed to snowmobile use. permitted. Licensed highway vehicles (vi) Within the Skilak Loop Special are permitted on Hidden, Engineer, Management Area, snowmobiles are Kelly, Petersen, and Watson Lakes for prohibited, except on Hidden, Kelly, ice fishing purposes only, and must Petersen and Engineer lakes for ice enter and exit lakes via existing boat fishing access only. Upper and Lower ramps. Skilak Lake campground boat (4) Snowmobiles. Operation of snow- launches may be used as access points mobiles is authorized on the Kenai for snowmobile use on Skilak Lake. NWR subject to the following condi- (vii) Snowmobiles may not be used on tions and exceptions: maintained roads within the refuge.
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Snowmobiles may cross a maintained Loop roads except in designated camp- road after stopping and when traffic on grounds. the roadway allows safe snowmobile (E) Campers may cut only dead and crossing. down timber for campfire use. (viii) Snowmobiles may not be used (F) Pets must be on a leash no longer for racing or for the harassment of than nine feet in developed camp- wildlife. grounds. (5) Hunting and Trapping. (i) Firearms (ii) May I cut and remove timber? You may not be discharged within 1⁄4 mile of may remove timber, including the cut- designated public campgrounds, ting of firewood for home use, only if trailheads, waysides, buildings or the you have obtained a special use permit Sterling Highway from the east refuge from the Refuge Manager. boundary to the east junction of the (iii) May I leave personal property on Skilak Loop Road. the refuge? Yes, however, if you leave (ii) A special use permit, available personal property unattended for from the Refuge Manager, is required longer than 72 hours outside of a des- prior to baiting black bears. ignated area, obtain a special use per- (iii) Hunting with the aid or use of a mit from the Refuge Manager. dog for taking big game is permitted (iv) If I find research marking devices, only for black bear, and then only what do I do? Turn in all radio trans- under the terms of a special use permit mitters, neck and leg bands, ear tags, from the Refuge Manager. or other research marking devices re- (iv) Hunting and trapping within sec- covered from wildlife to the Refuge tions 5, 6, 7, and 8, T. 4 N., R. 10 W., Manager or the Alaska Department of S.M., AK., encompassing the Kenai Fish and Game within five days after NWR headquarters/visitor center and recovery. associated environmental education trails, are prohibited. The boundary of (v) May I use non-motorized wheeled these administrative and environ- vehicles on the refuge? Yes, but only on mental education areas is depicted on a refuge roads designated and open for map available from the Refuge Man- public vehicular access. ager. (vi) May I use motorized equipment on (6) Fishing. Fishing is prohibited June the refuge? You may not use motorized 1 to August 15, on the south bank of equipment, including but not limited the Kenai River from the Kenai-Rus- to chainsaws, generators, and auxiliary sian River Ferry dock to a point 100 power units, within the Kenai Wilder- feet downstream. ness, except snowmobiles, airplanes (7) What do I need to know about other and motorboats in designated areas. public uses on Kenai National Wildlife (vii) Must I register to canoe on the ref- Refuge? (i) What are the camping restric- uge? Only canoeists on the Swanson tions? We allow camping subject to the River and Swan Lake Canoe Routes following restrictions: must register at entrance points. Max- (A) Camping may not exceed 14 days imum group size is 15 persons. in any 30-day period anywhere on the (viii) Are any areas of the refuge closed refuge. to public use? (A) We close rock outcrop (B) Campers may not spend more islands in Skilak Lake used by nesting than two consecutive days at the cormorants and gulls and the adjacent Kenai-Russian River access area, more waters within 100 yards to public entry than seven consecutive days at Hidden and use from March 15 to September 30. Lake Campground, or more than seven You may obtain maps showing these consecutive days in refuge shelters. areas from the Refuge Manager. (C) Within developed campgrounds, (B) From July 1 to August 15 the pub- camp only in designated areas and use lic may not use or access any portion open fires only in portable, self-con- of the 25-foot wide public easements tained, metal fire grills, or fire grates along both banks of the Kenai River provided by us. within the Moose Range Meadows area; (D) Do not camp within 1⁄4 mile of the or along the Homer Electric Associa- Sterling Highway, Ski Hill, or Skilak tion Right-of-Way from Funny River
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Road and Keystone Drive to the down- requires the refuge manager to issue a stream limits of the streamside ease- special use permit if not otherwise ments. You may obtain maps showing mandated by statute to do so. Supple- these closed areas from the Refuge mental procedures for granting histor- Manager by referring to Sections 1, 2, ical use, Native Corporation, and local and 3 of Township 4 North, Range 10 preferences in the selection of commer- West, Seward Meridian. cial operators to hold permits to pro- (j) Kodiak National Wildlife Refuge—(1) vide visitor services, other than hunt- Seasonal public use closure of the ing and fishing guiding on refuges in O’Malley River Area. That area within Alaska, are addressed in § 36.37, Rev- the Kodiak National Wildlife Refuge enue producing visitor services. described in this paragraph (j)(1) is (b) Definitions. As used in this sec- closed to all public access, occupancy tion, the term or terms: and use from June 25 through Sep- Commercial visitor service means any tember 30. The area subject to seasonal service or activity made available for a closure consists of lands and waters lo- fee, commission, brokerage or other cated within Township 33 South, Range compensation to persons who visit a 30 West, Seward Meridian, Alaska, con- sisting of approximately 2,560 acres, refuge, including such services as pro- and more particularly described as fol- viding food, accommodations, trans- lows: Township 33 South, Range 30 portation, tours, and guides. Included West, Seward Meridian, Alaska, all of is any activity where one participant/ Section 25; all of Section 26, excluding member or group of participants pays U.S. Survey 10875 and the adjacent ri- more in fees than the other partici- parian ownership (Koniag Inc.) fronting pants (non-member fees, etc.), or fees the survey and extending to the center are paid to the organization which are of Karluk Lake; and all of Sections 35 in excess of the bona fide expenses of and 36, excluding U.S. Survey 10876 and the trip; the adjacent riparian ownership Entire business means all assets in- (Koniag Inc.) fronting the survey and cluding, but not limited to, equipment, extending to the center of Karluk facilities, and other holdings directly Lake. Maps of the closure area are associated with the permittee’s type of available from the Refuge. commercial visitor service authorized (2) Access easement provision. Not- by permit. This term also includes as- withstanding any other provision of sets held under the name of separate this paragraph (j), there exists a twen- business entities, which provide the ty-five foot wide access easement on an same specific type of commercial vis- existing trail within the Koniag Inc. itor services authorized by permit, that Regional Native Corporation lands the permittee has a financial interest within properties described in para- in. The term does not include related graph (j)(1) of this section in favor of enterprises owned by the permittee the United States of America. such as taxidermy and travel services; [51 FR 32332, Sept. 11, 1986, as amended at 51 Immediate family means the spouse FR 41509, Nov. 17, 1986; 60 FR 37311, July 19, and children, either by birth or adop- 1995; 61 FR 29497, June 11, 1996; 64 FR 14154, tion, of the permittee. Mar. 24, 1999] Operations plan means a narrative de- scription of the commercial operations Subpart F—Permits and Public Par- which contains all required informa- ticipation and Closure Proce- tion identified in the prospectus; dures Permit means a special use permit issued by the refuge manager which au- § 36.41 Permits. thorizes a commercial visitor service (a) Applicability. The regulations con- or other activity restricted by law or tained in this section apply to the regulation on a national wildlife ref- issuance and administration of com- uge; petitively and noncompetitively issued Prospectus means the document that permits for economic and/or other priv- the Service uses in soliciting competi- ileged uses on all national wildlife ref- tion to award commercial visitor serv- uges in Alaska. Nothing in this section ices on a refuge;
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Subcontracting means any activity in Refuge Office location which the permittee provides financial Koyukuk National Wildlife Refuge ...... Galena. or other remuneration to anyone other Nowitna National Wildlife Refuge ...... Galena. than employees to conduct the specific Selawik National Wildlife Refuge ...... Kotzebue. commercial services authorized by the Tetlin National Wildlife Refuge ...... Tok. Service. The permittee’s primary au- Togiak National Wildlife Refuge ...... Dillingham. Yukon Delta National Wildlife Refuge ... Bethel. thorized activities must be conducted Yukon Flats National Wildlife Refuge ... Fairbanks. in a genuine employer/employee rela- tionship where the source of all remu- (2) For noncompetitively issued per- neration for services provided to cli- mits, the applicant may present the ap- ents is from the permittee. Subcon- plication verbally if he/she is unable to tracting does not apply to booking prepare a written application. The ref- services or authorized secondary serv- uge manager will keep a written record ices provided to clients in support of of such verbal application. For com- the permittee’s primary authorized ac- petitively issued permits, the applicant tivities (e.g., a guide paying a marine must submit a written application in or air taxi operator to transport cli- the format delineated in the prospectus ents); or other designated format of the Serv- Subletting means any activity in ice. which the permittee receives financial (3) The refuge manager will grant or or other remuneration in return for al- deny applications for noncompetitively lowing another commercial operator to issued permits in writing within 45 conduct any of the permittee’s author- days, except for good cause. For com- ized activities in the permittee’s use petitively issued permits, the refuge area; and manager will grant or deny applica- Use area means the designated area tions in accordance with the time where commercial services may be con- frame established in the prospectus, ex- ducted by the permittee. cept for good cause. (c) General provisions. In all cases (4) Refuge managers may establish where a permit is required, the per- application period deadlines for indi- mittee must abide by the conditions vidual refuges for both competitively under which the permit was issued. and noncompetitively issued permits. Refuge managers will provide written The refuge manager will send notifica- notice to the permittee in all cases tion of availability for commercial op- where documentation of noncompli- portunities and application deadlines ance is prepared for use in any admin- to existing and/or the previous year’s istrative proceeding involving the per- permittees. He/she will publish the no- mittee. tice in at least one newspaper of gen- (d) Application. (1) This section and eral circulation in the State and in at other regulations in this part 36, gen- least one local newspaper if available, erally applicable to the National Wild- and will make available for broadcast life Refuge System, require that per- on local radio stations in a manner rea- mits be obtained from the refuge man- sonably calculated to inform local pro- ager. For activities on the following spective applicants. refuges, request permits from the re- (5) The Service may limit the number spective refuge manager in the fol- of applications that an individual may lowing locations: submit for competitively awarded of- ferings. Refuge Office location (e) Competitively awarded permits. (1) Alaska Peninsula National Wildlife Ref- King Salmon. Where the number of available permits uge. is limited, refuge managers will award Alaska Maritime National Wildlife Ref- Homer. uge. permits competitively. A prospectus Aleutian Islands Unit, Alaska Maritime Homer. with invitation to bid system will be NWR. the primary competitive method used Arctic National Wildlife Refuge ...... Fairbanks. Becharof National Wildlife Refuge ...... King Salmon. for selecting commercial visitor serv- Innoko National Wildlife Refuge ...... McGrath. ices. Where justified, other selection Izembek National Wildlife Refuge ...... Cold Bay. methods, including but not limited to Kanuti National Wildlife Refuge ...... Fairbanks. Kenai National Wildlife Refuge ...... Soldotna. lotteries, may be used. Such cir- Kodiak National Wildlife Refuge ...... Kodiak. cumstances may include, but not be
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limited to, the timely refilling of use (6) The Service has discretionary au- areas that have become vacant during thority to not evaluate or consider pro- regularly scheduled terms to prevent posals that are incomplete or improp- commercial visitor service opportuni- erly submitted. ties from going unused, and initiating (7) The Service may establish min- trial programs on individual refuges. imum scores to qualify for the award of The refuge manager has discretionary permits. If established, these minimum authority to issue noncompetitive per- scores will be identified in the pro- mits on a one-time, short-term basis to spectus. accredited educational institutions and (8) The Service may establish limits other nonprofit organizations to con- on the number of use areas within an duct primarily environmental edu- individual refuge, or on refuges state- cation-related activities that also may wide, in which a permittee is author- be recreational in nature in use areas ized to operate. This limit applies to where permits for that type of guided different corporations in which the recreational activity are otherwise same individual has any ownership in- limited to competitive award. terests. (2) Where numbers of permits have (9) When vacancies occur in competi- been limited for an activity prior to tively filled use areas, the procedure the promulgation of these regulations for reissuing the permits will depend and a prospectus with invitation to bid on how long it has been since the per- system has not yet been developed, ref- mit originally was issued. The Service uge managers may issue noncompeti- will award the permit to the next high- tive five-year permits consistent with est ranking interested applicant in the the terms set forth in paragraph (e)(16) original solicitation, if a vacancy oc- of this section on a one-time basis to curs within the first 12 months of the existing permittees. permit’s effective date. Resolicited competition for the area will occur as (3) The Service will publish notice of soon as practicable if: all solicitations for competition in ac- (i) A vacancy occurs after 12 months cordance with paragraph (d)(4) of this of the permit’s effective date; and section and include reasonable applica- (ii) At least 24 months of the original tion periods of not less than 60 days. permit term is available for a new per- When competitively selecting permit- mittee after completion of the solicita- tees for an activity in a use area where tion, application, evaluation and permits for that activity were not pre- awards period. If less than 24 months of viously competitively awarded, the the term of the permit is available, the Service will publish notice of the up- Service has the discretion to solicit coming opportunity a minimum of 18 competition during the regularly months prior to the effective date of scheduled solicitation period. The the permit term. Service may annually issue non- (4) All prospectuses will identify the competitive permits for vacant areas, selection criteria that the Service will where there has not been significant use to evaluate the proposals. All permittee interest, until competition prospectuses involving commercial vis- can be solicited in conjunction with itor services must include experience other solicitations for vacant areas. and performance in providing the same (10) Terms of permits awarded under or similar services as a criterion. In the prospectus with invitation method evaluating the experience of an appli- are valid for 5 years except in those in- cant, the Service will specifically con- stances where the Service issues per- sider knowledge of the specific area mits to fill vacancies occurring during covered by the prospectus and the na- a scheduled award cycle. In these in- ture of the technical skills required to stances, the permit duration is limited provide quality service to the public. to the expiration date of the original (5) A panel of Service employees who award period. Permits awarded under use a scoring process based on the se- the prospectus by invitation method lection criteria will evaluate and rank must be renewed noncompetitively by applications received in response to a the refuge manager for a period of 5 ad- prospectus. ditional years upon application and a
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showing of permittee compliance with ing any violations, convictions, or all applicable permit terms and condi- pleas of nolo contendere for fish and tions and a satisfactory record of per- wildlife related federal misdemeanors formance. After one renewal, the Serv- or State violations will be discre- ice shall not extend or noncompeti- tionary. Denial is based on, but not tively renew another permit. limited to, whether the individual com- (11) Permit privileges may be trans- mitted any violation in which the case ferred to other qualified entities that disposition resulted in any of the fol- demonstrate the ability to meet Serv- lowing: ice standards, as outlined in the pro- (A) Any jail time served or probation; spectus upon which the existing permit (B) Any criminal fine of $250 or great- was based, subject to approval by the er; refuge manager. Requests for transfers (C) Forfeiture of equipment or har- must be made in writing to the refuge vested animal (or parts thereof) valued manager. A permittee who transfers at $250 or greater; his/her privileges will not be eligible to (D) Suspension of privileges or rev- be considered for competitively award- ocation of any fish and wildlife related ed permits for the same type of activ- license/permits; ity on the same national wildlife ref- (E) Other alternative sentencing that uge for a period of three years fol- indicates the penalty is of equal sever- lowing the authorized transfer. The ity to the foregoing elements; or Service retains complete discretion in (F) Any multiple convictions or pleas allowing transfers. In general, the of nolo contendere for fish and wildlife- Service approves transfers only upon related Federal misdemeanors or State demonstrating that it is to the govern- fish and wildlife-related violations or ment’s benefit and if all the following misdemeanors irrespective of the criteria are satisfied: amount of the fine. (i) The transfer is part of the sale or (12) The transferee must follow the disposition of the current permittee’s operations plan of the original per- entire business as earlier defined; mittee. The transferee may modify the (ii) The current permittee was either operations plan with the written con- conducting the commercial operation sent of the refuge manager as long as in the refuge under authorization of a the change does not result in increased permit for a minimum of 12 years or adverse impacts to refuge resources or owns significant real property in the other refuge users. area, the value of which is dependent (13) Upon timely approval of the on holding a refuge permit. Consider- transfer, the Service will issue the new ation of the last element will include, permittee a permit for the remaining but is not limited to: portion of the original permit term. (A) The relationship of the real prop- The refuge manager retains the right erty to permitted refuge activities as to restrict, suspend, revoke, or not documented in the operations plan; renew the permit for failure to comply (B) The percentage that the author- with its terms and conditions. ized refuge activities comprise of the (14) Permit privileges issued under total commercial use associated with this paragraph (e) may be transferred, the real property; and subject to refuge manager approval, to (C) The appraised value of the real a former spouse when a court awards property. permit-associated business assets in a (iii) The transferee must be independ- divorce settlement agreement to that ently qualified to hold the permit person. The recipient must independ- under the standards of the prospectus ently qualify to hold the originally of the original existing permit. issued permit under the minimum (iv) The transferee has an acceptable standards identified by the Service, history of compliance with State and and the permittee must have an ac- Federal fish and wildlife and related ceptable history of compliance as set permit regulations during the past 5 forth in paragraph (e)(11)(iv) of this years. An individual with any felony section. conviction is an ineligible transferee. (15) Permit privileges issued under Transfer approval to an individual hav- this paragraph (e) may be transferred
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in the case of death or disability of the refuge; to protect public health or safe- permittee, subject to refuge manager ty; or if the refuge manager determines approval, as provided in this paragraph the use to be incompatible with refuge (e). In these cases, the permit privi- purposes or is inconsistent with the leges may pass to a spouse who can Service’s obligations under Title VIII demonstrate he/she is capable of pro- of the Alaska National Interest Lands viding the authorized services and who Conservation Act. All actions per- has an acceptable history of compli- taining to this paragraph are subject to ance as set forth in paragraph the appeal process as set forth in para- (e)(11)(iv) of this section. A spouse who graph (i) of this section. lacks any required license(s) but other- (i) Appeals. (1) Any person adversely wise qualifies may hire an employee, affected by a refuge manager’s decision who holds the required license(s) and or order relating to the person’s per- who has an acceptable history of com- mit, or application for a permit, has pliance as set forth in paragraph the right to have the decision or order (e)(11)(iv) of this section, to assist in reviewed by the regional director. This the operation. Permit privileges may section does not apply to permits or also pass to another member of the im- applications for rights-of-way. See 50 mediate family or a person who was a CFR 29.22 for the hearing and appeals business partner at the time of original procedure on rights-of-way. permit issuance. This person must be (2) Prior to making any adverse deci- independently qualified under the min- sion or order on any permit or an appli- imum standards identified by the Serv- cation for a noncompetitively issued ice at the time of original permit permit, the refuge manager will notify issuance and have an acceptable his- the permittee or applicant, verbally or tory of compliance as set forth in para- in writing, of the proposed action and graph (e)(11)(iv) of this section. its effective date. A permittee or appli- (16) Upon September 26, 1997, refuge cant of noncompetitively issued per- managers will amend existing competi- mits, shall have 45 calendar days after tively-awarded permits through the notification in which to present to the prospectus method to make the terms refuge manager, orally or in writing, a fully consistent with this section, in- statement in opposition to the pro- cluding eligibility for a 5-year non- posed action or effective date. Notifica- competitive renewal. tion in writing to a valid permit holder (f) Fees. Permittees must pay fees shall occur within 10 calendar days formally established by regional and/or after receipt of the statement in oppo- nation-wide Service policy. The refuge sition to the refuge manager’s final de- manager must document any fee ex- cision or order. An applicant for a non- emption. competitively issued permit shall be (g) Subletting and subcontracting. A notified in writing within 30 calendar permittee may not sublet any part of days after receipt of the statement in an authorized use area. Subcontracting opposition, of the refuge manager’s any service authorized by the permit final decision or order. An applicant for requires written approval from the ref- a competitively issued permit who is uge manager unless the subcontracted not selected will not receive advance service is specifically identified in the notice of the award decision. Such ap- permittee’s approved perations plan. plicants, who wish to appeal the deci- (h) Restriction, suspension and revoca- sion must appeal directly to the re- tion of permits. The refuge manager may gional director within the time period suspend, revoke, or reasonably restrict provided for in paragraph (i)(3) of this the terms of a permit for noncompli- section. ance with the terms and conditions of (3) The permittee or applicant shall the regulations in this subchapter C; have 45 calendar days from the post- for nonuse of the permit; for violations/ marked date of the refuge manager’s convictions (including pleas of nolo final decision or order in which to file contendere) of any law or regulation a written appeal to the regional direc- pertaining to the same type of activity tor. In appeals involving applicants authorized by the permit, whether or who were not selected during a com- not the activity occurred on or off the petitive selection process, the selected
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applicant concurrently will have the selection process which is acceptable opportunity to provide information to to the Service. the regional director prior to the final [62 FR 45340, Aug. 27, 1997] decision. Selected applicants who choose to take advantage of this oppor- § 36.42 Public participation and clo- tunity, will retain their right of appeal sure procedures. should the appeal of the unsuccessful (a) Authority. The Refuge Manager applicant result in reversal or revision may close an area or restrict an activ- of the original decision. For purposes ity on an emergency, temporary, or of reconsideration, appellants shall permanent basis. present the following information: (b) Criteria. In determining whether (i) Any statement or documentation, to close an area or restrict an activity in addition to that included in the ini- otherwise allowed, the Refuge Manager tial application, permit or competitive shall be guided by factors such as pub- prospectus, which demonstrates that lic health and safety, resource protec- the appellant satisfies the criteria set tion, protection of cultural or sci- forth in the document under which the entific values, subsistence uses, endan- permit application/award was made; gered or threatened species conserva- (ii) The basis for the permit appli- tion, and other management consider- cant’s disagreement with the decision ations necessary to ensure that the ac- or order being appealed; and tivity or area is being managed in a (iii) Whether or not the permit appli- manner compatible with the purposes cant requests an informal hearing be- for which the Alaska National Wildlife fore the regional director. Refuge area was established. (4) The regional director will provide (c) Emergency closures or restrictions. a hearing if requested by the applicant. (1) Emergency closures or restrictions After consideration of the written ma- relating to the use of aircraft, terials and oral hearing, and within a snowmachines, motorboats, or non- reasonable time, the regional director motorized surface transportation shall be made after notice and hearing; shall affirm, reverse, or modify the ref- (2) Emergency closures or restric- uge manager’s decision or order and tions relating to the taking of fish and shall set forth in writing the basis for wildlife shall be accompanied by notice the decision. The applicant must be with a subsequent hearing; sent a copy of the decision promptly. (3) Other emergency closures or re- The decision will constitute final agen- strictions shall become effective upon cy action. notice as prescribed in § 36.42(f); and (5) Permittee compliance with any (4) No emergency closure or restric- decision or order of a refuge manager tion shall be for a period exceeding 30 shall be required during the appeal days. process unless the regional director (d) Temporary closures or restrictions. makes a preliminary finding contrary (1) Temporary closures or restrictions to the refuge manager’s decision, and relating to the use of aircraft, prepares a written determination that snowmachines, motorboats or non- such action is not detrimental to the motorized surface transportation, or to interests of the United States, or upon the taking of fish and wildlife, shall submission and acceptance of a bond not be effective prior to notice and deemed adequate by the refuge man- hearing in the vicinity of the area(s) ager to indemnify the United States affected by such closures or restriction, from loss or damage. and other locations as appropriate; (j) State selection of guide-outfitters. (2) Other temporary closures shall be Nothing in this section will prohibit effective upon notice as prescribed in the Service from cooperating with the § 36.42(f); State of Alaska in administering the (3) Temporary closures or restric- selection of sport fishing guides and big tions shall extend only for so long as game hunting guide-outfitters oper- necessary to achieve their purposes, ating on national wildlife refuges and in no case may exceed 12 months or should the State develop a competitive be extended beyond that time.
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(e) Permanent closures or restrictions. 8. Kenai* Permanent closures or restrictions 9. Kodiak* shall be made only after notice and 10. Koyukuk public hearings in the affected vicinity 11. Nowitna 12. Selawik and other locations as appropriate, and 13. Tetlin after publication in the FEDERAL REG- 14. Togiak, including: Cape Newenham* ISTER. 15. Yukon Delta, including: (f) Notice. Emergency, temporary or Clarence Rhode* permanent closures or restrictions Hazen Bay* shall be: (1) Published in at least one Nunivak* newspaper of general circulation in the 16. Yukon Flats* State and in at least one local news- paper if available, posted at commu- PART 37—GEOLOGICAL AND GEO- nity post offices within the vicinity af- PHYSICAL EXPLORATION OF THE fected, made available for broadcast on COASTAL PLAIN, ARCTIC NA- local radio stations in a manner rea- TIONAL WILDLIFE REFUGE, ALAS- sonably calculated to inform residents KA in the affected vicinity, and designated on a map which shall be available for Subpart A—General Provisions public inspection at the office of the Refuge Manager and other places con- Sec. venient to the public; or 37.1 Purpose. 37.2 Definitions. (2) Designated by the posting of ap- 37.3 Other applicable laws. propriate signs; or 37.4 Disclaimer and disqualification. (3) Both. (g) Openings. In determining whether Subpart B—General Requirements to open an area to public use or activ- ity otherwise prohibited, the Refuge 37.11 General standards for exploratory ac- tivities. Manager shall provide notice in the 37.12 Responsibilities of permittee. FEDERAL REGISTER and shall, upon re- 37.13 Group participation. quest, hold a hearing in the affected vi- 37.14 Bonding. cinity and other location, as appro- priate prior to making a final deter- Subpart C—Exploration Plans mination. 37.21 Application requirements. (h) Except as otherwise specifically 37.22 Approval of exploration plan. permitted under the provision of this 37.23 Special use permit. part, entry into closed areas or failure 37.24 Plan of operation. to abide by restrictions established 37.25 Revision. under this section is prohibited. Subpart D—Environmental Protection TABLE I—SUMMARY LISTING THE NATIONAL WILDLIFE REFUGES IN ALASKA AS ESTAB- 37.31 Environmental protection. LISHED BY THE ALASKA LANDS ACT, PUB. L. 37.32 Special areas. 96–487, DECEMBER 2, 1980 37.33 Environmental briefing. 1. Alaska Maritime, including: Subpart E—General Administration Aleutian Island* Bering Sea* 37.41 Responsibilities of the Regional Direc- Bogoslof* tor. Chamisso* 37.42 Inspection and monitoring. Forrester Island* 37.43 Suspension and modification. Hazy Islands* 37.44 Revocation and relinquishment. Pribilof* 37.45 Exploration by the U.S. Geological Saint Lazaria* Survey. Semidi* 37.46 Cost reimbursement. Simeonof* 37.47 Civil penalties. Tuxedni* 2. Alaska Peninsula 3. Arctic, including: William O. Douglas* *These indicated units were previously ex- 4. Becharof** isting refuges before the Alaska Lands Act of 5. Innoko December 2, 1980, and are now part of the 16 6. Izembek* National Wildlife Refuges established by the 7. Kanuti Alaska Lands Act.
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Subpart F—Reporting and Data oil and gas within the coastal plain Management without significantly adversely affect- ing the wildlife, its habitat, or the en- 37.51 Operational reports. 37.52 Records. vironment and without unnecessary 37.53 Submission of data and information. duplication of exploratory activities. 37.54 Disclosure. These regulations prescribe the re- APPENDIX I TO PART 37—LEGAL DESCRIPTION quirements and procedures for obtain- OF THE COASTAL PLAIN, ARCTIC NATIONAL ing authorization for and the conduct WILDLIFE REFUGE, ALASKA of such exploratory activities, and for AUTHORITY: Sec. 1002, Pub. L. 96–487, 94 submitting to the Department the re- Stat. 2449, as amended by sec. 110, Pub. L. 97– sulting data and information. These 394, 96 Stat. 1982 (16 U.S.C. 3142); sec. 110, regulations also describe other matters Pub. L. 89–665, as added by sec. 206, Pub. L. relating to the administration of the 96–515, 94 Stat. 2996 (16 U.S.C. 470h–2); sec. 401, program. Pub. L. 148, 49 Stat. 383, as amended (16 U.S.C. 715s); 31 U.S.C. 9701; 5 U.S.C. 301; 209 § 37.2 Definitions. DM 6.1. The following definitions are applica- SOURCE: 48 FR 16858, Apr. 19, 1983, unless ble to the sections of this part. otherwise noted. (a) Act means section 1002 of the NOTE: The information collection require- ments contained in this part do not require Alaska National Interest Lands Con- approval by the Office of Management and servation Act, 94 Stat. 2449, as amended Budget under 44 U.S.C. 3501 et seq., because by section 110 of Pub. L. 97–394, 96 Stat. there are fewer than 10 respondents annu- 1982, 16 U.S.C. 3142. ally. (b) Adequate protective cover means snow or a frostline, or both, sufficient Subpart A—General Provisions to protect the vegetation and soil from significant adverse effects due to the § 37.1 Purpose. operation of surface equipment, as de- These regulations implement the re- termined by the Regional Director. quirement of section 1002(d) of the (c) Coastal lagoons means the waters Alaska National Interest Lands Con- and submerged lands between the servation Act, 94 Stat. 2450, as amend- mainland and the offshore barrier is- ed, 16 U.S.C. 3142(d), that the Secretary lands that lie between Brownlow Point establish guidelines governing surface and the Aichilik River within the geological and geophysical exploration coastal plain. for oil and gas within the coastal plain (d) Coastal plain means that area of the Arctic National Wildlife Refuge. shown on the map entitled ‘‘Arctic Na- Section 1002 mandates an oil and gas tional Wildlife Refuge’’, dated August exploration program for the refuge’s 1980, and legally described in appendix coastal plain. The program shall cul- I of this part. minate in a report to Congress which (e) Cultural resource means any dis- contains, among other things, the iden- trict, site, building, structure, or ob- tification of those areas within the ject significant in American history, coastal plain that have oil and gas pro- architecture, archeology, engineering duction potential, an estimate of the or culture, as determined in accordance volume of oil and gas concerned, the with 36 CFR 60.6. description of the wildlife, its habitat, (f) Department means the Department and other resources that are within the of the Interior and any of its compo- areas identified, and an evaluation of nent bureaus and offices. the adverse effects that the carrying (g) Director means the Director of the out of further exploration for, and the U.S. Fish and Wildlife Service of his development and production of, oil and authorized representative. gas within such areas will have on the (h) Exploration plan means the way in refuge’s resources. It is the objective of which a program of exploratory activi- this program to ascertain the best pos- ties is proposed to be arranged and car- sible data and information concerning ried out. the probable existence, location, vol- (i) Exploratory activities means surface ume, and potential for further explo- geological exploration or seismic ex- ration, development, and production of ploration or both of the coastal plain
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and all related activities and logistics (t) Secretary means the Secretary of required for either or both, and any the Interior or his authorized rep- other type of geophysical exploration resentative. of the coastal plain which involves or (u) Service means the U.S. Fish and is a component of an exploration pro- Wildlife Service. gram for the coastal plain involving (v) Solicitor means the Solicitor of surface use of refuge lands and all re- the Department of the Interior or his lated activities and logistics required authorized representative. for such exploration. (w) Special use permit means a rev- (j) Harass means to pursue, hunt, ocable, nonpossessory privilege issued take, capture, molest, collect, harm, in writing by the Regional Director shoot or kill or attempt to engage in and authorizing the permittee to enter any of the preceding by either inten- and use the refuge for a specified period tional or negligent act or omission. to conduct exploratory activities, and (k) Hazardous substances means petro- other activities necessary thereto. leum, petroleum products, toxic mate- (x) Support facilities means facilities rials, chemical effluent, explosives, or on or near the refuge used to provide other materials which are likely to logistical support for the field explor- cause significant adverse effects to the atory activities. refuge’s wildlife, its habitat, the envi- (y) Third party means any person ronment, or humans. other than a representative of the per- (l) Permittee means the person author- mittee or the United States govern- ized by a special use permit issued pur- ment. suant to this part to conduct explor- (z) Waste means all material for dis- atory activities on the coastal plain; card from exploratory activities. It in- any official, employee, contractor, sub- cludes, but is not limited to, human contractor or agent of the permittee or waste, trash, garbage, refuse, fuel of the permittee’s designee; and any drums, shot wire, survey stakes, explo- participant to the permittee’s permit. sives boxes, ashes, and functional and (m) Person means any individual, nonfunctional equipment. partnership, firm, corporation, associa- (aa) Wildlife means fish or wildlife or tion, organization, or agency. both. (n) Plan of operation means detailed procedures, covering a period not to ex- § 37.3 Other applicable laws. ceed 12 months, proposed for executing an exploration plan. (a) Nothing in this part shall be con- (o) Processed, analyzed and interpreted strued to relieve a permittee or any data or information means any data or person from complying with any appli- information which results from any cable federal laws or any applicable subsequent modification, processing, state and local laws, the requirements analysis, or interpretation of raw data of which are not inconsistent with this and information by human or elec- part. tronic means, on or off the refuge. (b) Until the litigation between the (p) Raw data and information means United States and the State of Alaska all original observations and record- over title to the submerged lands of the ings in written or electronic form and coastal lagoons, ‘‘United States v. samples obtained during field oper- Alaska’’, Sup. Ct., No. 84, Orig. (1979), is ations. resolved, the permittee shall satisfy (q) Refuge means the Arctic National both federal and state requirements for Wildlife Refuge. conducting oil and gas exploration in (r) Regional Director means the Re- the coastal lagoons. In the event of an gional Director, Region 7 of the U.S. inconsistency between such require- Fish and Wildlife Service, or his au- ments the permittee shall satisfy that thorized representative. requirement which provides the great- (s) Rehabilitation means the act of re- est environmental protection. turning the landform and vegetation to as near its original shape and condition § 37.4 Disclaimer and disqualification. as practicable, as determined by the (a) Authorization granted under this Regional Director. part to conduct exploratory activities
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shall not confer a right to any discov- All actions by the permittee incon- ered oil, gas, or other mineral in any sistent with this part are prohibited. manner. (b) The permittee shall designate a (b) Any person who obtains access general representative who shall be the pursuant to § 37.54 to data and informa- person primarily accountable for man- tion obtained as a result of carrying aging the permittee’s authorized ac- out exploratory activities shall be dis- tivities, and a field representative who qualified from obtaining or partici- shall be the person primarily account- pating in any lease of the oil and gas to able for supervising the permittee’s which such data and information per- field operations, and their alternates. tain. Any person who obtains access to data and information obtained as a re- The Regional Director shall be in- sult of carrying out exploratory activi- formed of the names, addresses, and ties from any person other than the telephone numbers of the persons des- permittee who obtained such data and ignated pursuant to this paragraph and information shall be disqualified from of the procedures for contacting them obtaining or participating in any lease on a 24-hour basis, including the radio of the oil and gas to which such data frequency for field operations, at the and information pertain. time the permittee submits its first plan of operation pursuant to § 37.24. Subpart B—General Requirements The permittee shall notify the Re- gional Director promptly of any § 37.11 General standards for explor- changes in such personnel or the proce- atory activities. dures for contacting them. (a) No exploratory activities shall be (c) Field operations shall be con- conducted without a special use per- ducted by the permittee or a designee mit. Requirements and procedures for approved by the Regional Director. As- obtaining a special use permit are pre- signment of a designee shall be in a scribed in §§ 37.21 through 37.23. manner and form acceptable to the Re- (b) Exploratory activities shall be gional Director. The Regional Director conducted so that they do not: shall approve or disapprove a permit- (1) Significantly adversely affect the tee’s designee within 30 days following refuge’s wildlife, its habitat, or the en- the receipt of such information as the vironment; Regional Director may require from (2) Unnecessarily duplicate explor- the permittee and designee in order to atory activities of the permittee or an- other permittee; and reach his decision. Acceptance of a des- (3) Unreasonably or significantly ignee to act for the permittee in mat- interfere with another permittee’s ac- ters relating to the conduct of explor- tivities. atory activities does not relieve the (c) Reexamination of an area may be permittee of responsibility for compli- permitted by the Regional Director if ance with applicable laws, its special necessary to correct data deficiencies use permit, exploration plan, plan of or to refine or improve data or infor- operation, and all reasonable stipula- mation already gathered. tions, demands and orders of the Re- (d) Drilling of exploratory wells is gional Director. The designee will be prohibited. considered the agent of the permittee and will be responsible for complying § 37.12 Responsibilities of permittee. fully with the obligations of the per- (a) The permittee shall comply and mittee. The serving of stipulations, de- shall be responsible for the compliance mands, orders, and notices on the per- of its officials, employees, contractors, mittee’s designee, when delivered per- subcontractors and agents with the sonally or by radio or mail, will be regulations of this part, the terms and deemed to be service upon the per- conditions of its special use permit, the mittee. The permittee shall notify the provisions of its approved exploration Regional Director in writing when as- plan and plan or operation, and all rea- signment of a designee has been can- sonable stipulations, demands and or- celled. A designee cannot reassign its ders issued by the Regional Director.
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designation to another party. The per- tiating field operations as authorized mittee or designee shall notify the Re- under its special use permit. gional Director 10 working days in ad- (d) All participants shall be bound by vance of its intention to commence the regulations of this part, the per- field operations for each season that it mittee’s special use permit, approved conducts exploratory activities. exploration plan and plan of operation (d) The permittee shall submit to the and any reasonable stipulations, de- Regional Director 30 days prior to the mands and orders issued by the Re- commencement of field operations for gional Director. each year covered by its exploration plan an updated list of the names and § 37.14 Bonding. addresses of all persons participating (a) Before the issuance of its special in the exploratory activities covered use permit, any applicant whose explo- thereby or sharing in the data and in- ration plan has been approved under formation resulting therefrom through § 37.22 shall furnish to the Service a a cost-sharing or any other arrange- surety bond of not less than $100,000, or ment. other security satisfactory to the Serv- (e) The permittee shall perform oper- ice, to secure performance of its explo- ations and maintain equipment in a ration plan and plan(s) of operation safe and workmanlike manner. The and compliance with the permit and permittee shall take all reasonable pre- this part. Such surety bond shall be cautions necessary to provide adequate issued by qualified surety companies protection for the health and safety of approved by the Department of the life and the protection of property and Treasury (see Department of the Treas- to comply with any health and safety ury Circular No. 570). Such bond shall requirements prescribed by the Re- be maintained by the permittee for the gional Director. benefit of the Service until the Re- gional Director notifies the permittee § 37.13 Group participation. in writing that all terms and condi- (a) To avoid unnecessary duplication tions of its exploration plan, special of exploratory activities, the permittee use permit, plan of operation, and this shall, if ordered by the Regional Direc- part have been met or otherwise con- tor, afford all interested persons, sents to its cancellation or termi- through a signed agreement, an oppor- nation. Any bond furnished or main- tunity to participate in its exploratory tained by a person under this section activities. Within 60 days following shall be on a form approved or pre- such order, the permittee shall provide scribed by the Regional Director. The evidence satisfactory to the Regional Regional Director may require an in- Director of its compliance therewith. crease in the amount of any bond or The permittee shall provide the Re- other security to be furnished and any gional Director with the names and ad- outstanding bond or security or require dresses of all additional participants, a new bond or security whenever addi- as they join. tional coverage is needed to secure per- (b) If, with the approval of the Re- formance of its exploration plan and gional Director, the permittee at any plan(s) of operation and compliance time changes any provisions of its ap- with the permit and this part or is proved exploration plan relating to needed as a consequence of default. areal extent, intensity of exploratory (b) Whenever a permittee’s explo- activities, or logistical support, and ration plan, plan of operation, or spe- the Regional Director determines such cial use permit is revised or modified, changes to be significant, the Regional the permittee shall provide to the Re- Director may require the permittee to gional Director within 30 days there- afford all interested persons another after an acknowledgement by the sur- opportunity to participate in the per- ety that its bond continues to apply to mitted exploratory activities in ac- the exploration plan, plan of operation cordance with paragraph (a) of this sec- or special use permit, as revised or tion. modified, unless a waiver of notice to (c) The requirements of this section the surety is contained in the bond or do not preclude the permittee from ini- the surety is not otherwise released by
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the revision or modification, or unless plan on May 20, 1983 with the intention the permittee provides to the Service of submitting another exploration plan an increased or additional bond. on March 1, 1984, the applicant shall de- (c) Recovery of the amount specified scribe in its initial plan how its future in the permittee’s bond or other secu- exploratory activities will be inte- rity shall not preclude the Department grated with those proposed under its from seeking specific performance by initial plan. Any applicant submitting the permittee of any obligations not an exploration plan on May 20, 1983 satisfied by enforcement of the bond or which incorporates preliminary field security, or compensation for any dam- investigations and/or surface geologi- ages, losses or costs due to the permit- cal exploration proposed to commence tee’s activities which exceed the before August 1, 1983 may submit a amount recovered, by pursuing the De- written request to the Regional Direc- partment’s legal remedies. tor for an expedited review and ap- proval of that portion of the explo- Subpart C—Exploration Plans ration plan covering such preliminary investigations and/or exploration. Each § 37.21 Application requirements. exploration plan submitted must be (a) Prior to submitting an explo- published and be the subject of a public ration plan, applicants may meet with hearing in accordance with require- the Regional Director to discuss their ments of § 37.22(b). proposed plans and exploratory activi- (d) An exploration plan shall set ties and the requirements of this part. forth in general terms such informa- (b) Any person wanting to conduct tion as is required by this part and by exploratory activities may apply for a the Regional Director in determining special use permit by submitting for whether the plan is consistent with approval one or more written explo- this part, including, but not limited to: ration plans, in triplicate, to the Re- (1) The name and address of any per- gional Director, Region 7, U.S. Fish son who will conduct the proposed ex- and Wildlife Service, 1011 East Tudor ploratory activities, i.e., the applicant/ Road, Anchorage, Alaska 99503. To be permittee, and, if that person is an considered, exploration plans covering agency, firm, corporation, organiza- the period from the inception of the tion, or association, the names and ad- program through May 31, 1986, or any dresses of the responsible officials, or, portions thereof, must be received by if a partnership, the names and ad- the Regional Director during normal dresses of all partners; business hours on May 20, 1983; explo- (2) The names and addresses of all ration plans covering exploratory ac- persons planning at the time of plan tivities other than seismic exploration submittal to participate in the pro- for the period from June 1, 1984, posed exploratory activities or share in through May 31, 1986, or any portions the data and information resulting thereof, must be received by the Re- therefrom through a cost-sharing or gional Director during normal business any other arrangement; hours on April 2, 1984; and exploration (3) Evidence of the applicant’s tech- plans covering, but not limited to, seis- nical and financial ability to conduct mic exploration for the period from Oc- integrated and well designed explor- tober 1, 1984, through May 31, 1986, or atory activities in an arctic or sub- any portions thereof, must be received arctic environment and of the appli- by the Regional Director during nor- cant’s responsibility in complying with mal business hours on June 4, 1984. any exploration permits previously (c) In addition to containing the in- held by it; formation required in paragraph (d) of (4) A map at a scale of 1:250,000 of the this section, any exploration plan sub- geographic areas in which exploratory mitted shall describe the applicant’s activities are proposed and of the ap- plan for carrying out an integrated proximate locations of the applicant’s program of exploratory activities in proposed geophysical survey lines, such a manner as will satisfy the objec- travel routes to and within the refuge, tive and limitations stated in § 37.1. If fuel caches, and major support facili- an applicant submits an exploration ties;
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(5) A general description of the type § 37.22 Approval of exploration plan. of exploratory activities planned, in- (a) An exploration plan shall be ap- cluding alternate exploratory methods proved by the Regional Director if he and techniques if proposed, and the determines that it satisfies the require- manner and sequence in which such ac- ments of § 37.21 (c) and (d) and is other- tivities will be conducted; wise consistent with the Act and the (6) A description of how various ex- regulations of this part. In order to ploratory methods and techniques will meet the objective and limitations be utilized in an integrated fashion to stated in § 37.1, enforce the standards avoid unnecessary duplication of the stated in § 37.11(b), or minimize adverse applicant’s own work; impacts on subsistence uses, the Re- (7) A schedule for the exploratory ac- gional Director may approve or dis- tivities proposed, including the approx- approve any exploration plan in whole imate dates on which the various types or in part or may require, as a condi- of exploratory activities are proposed tion of approval, an applicant to con- to be commenced and completed; duct its exploratory activities in an as- (8) A description of the applicant’s signed area or jointly with other appli- proposed communication technniques; cants or to make such modification in (9) A description of the equipment, its exploration plan as he considers necessary and appropriate to make it support facilities, methods of access consistent with this part. No plan shall and personnel that will be used in car- be approved if the applicant submitting rying out exploratory activities; it does not demonstrate to the reason- (10) A hazardous substances control able satisfaction of the Regional Direc- and contingency plan describing ac- tor its adequate technical and financial tions to be taken to use, store, control, ability to conduct integrated and well clean up, and dispose of these materials designed exploratory activities in an in the event of a spill or accident; arctic or subarctic environment, and a (11) A general description of the an- history of responsible compliance with ticipated impacts that the proposed ex- any exploration permits that it or its ploratory activities may have on the responsible officials or partners may refuge’s wildlife, its habitat, the envi- have previously held. ronment, subsistence uses and needs, (b) Upon receipt of an exploration and cultural resources, and a descrip- plan submitted in accordance with tion of mitigating measures which will § 37.21(b), the Regional Director shall be implemented to minimize or avoid promptly publish notice of the applica- such impacts; tion and text of the plan in the FED- (12) A description of the proposed ERAL REGISTER and newspapers of gen- procedures for monitoring the environ- eral circulation in the State of Alaska. mental impacts of its operation and its The Regional Director shall determine compliance with all regulatory and within 90 days after the plan is sub- permit requirements; mitted whether the plan is consistent (13) A statement that, if authorized with this part. The Regional Director to conduct exploratory activities, the may extend this 90-day period for up to applicant shall comply with this part, 30 additional days upon written notice its special use permit, its approved ex- to the applicant. Before making his de- ploration plan, plan of operation, and termination, the Regional Director all reasonable stipulations, demands shall hold at least one public hearing and orders issued by the Regional Di- in the State for the purpose of receiv- rector; ing public comments on the plan and (14) A description of the applicant’s may confer with the applicant when- proposed data quality assurance and ever he deems it necessary. The Re- control program; and gional Director shall give the applicant written notice of his determination. (15) Such other pertinent information (c) Whenever the Regional Director as the Regional Director may reason- disapproves an exploration plan in ably require. whole or in part, he shall notify the ap- [48 FR 16858, Apr. 19, 1983, as amended at 49 plicant in writing of the reasons for his FR 7570, Mar. 1, 1984] disapproval. The applicant may request
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the Director to consider that which processed, analyzed and interpreted was disapproved by the Regional Direc- data or information shall be held con- tor by filing a written request with the fidential by the Department for a pe- Director, U.S. Fish and Wildlife Serv- riod of not less than 10 years following ice, Department of the Interior, Wash- the submission of such data or infor- ington, DC 20240, within 30 days from mation to the Regional Director or 2 the date of disapproval. Such a request years following any lease sale includ- shall not operate to stay the Regional ing the area within the refuge from Director’s disapproval. The request which the information was obtained, shall: whichever period is longer, as provided (1) State fully the basis for the appli- in § 37.54; and cant’s disagreement with the Regional (3) Require that all raw data and in- Director’s determination; formation obtained as a result of car- (2) Include any statement or docu- rying out the plan shall be made avail- mentation, in addition to that already able by the permittee to any person at submitted by the applicant with its ap- fair cost. plication, which demonstrates that the (e) In the course of evaluating an ex- applicant’s exploration plan is con- ploration plan, the Regional Director sistent with this part; and shall also evaluate the effect of the (3) Indicate whether or not the appli- proposed exploratory activities on sub- cant requests an informal hearing be- sistence uses and needs, the avail- fore the Director. ability for exploration of alternate The Director shall provide an informal areas within the coastal plain, and al- hearing if requested by the applicant. ternatives to the proposed activities Within 30 days of the receipt of the ap- which would reduce or eliminate the plicant’s request for reconsideration or use of areas within the coastal plain of the applicant’s hearing, if any, needed for subsistence purposes. If the whichever is later, the Director shall Regional Director finds that the explo- affirm, reverse, or modify the Regional ration plan, if approved, would signifi- Director’s determination. Written no- cantly restrict subsistence uses, he tice of the Director’s decision and the shall satisfy the requirement to hold a reasons therefor shall be provided hearing on this isssue by incorporating promptly to the applicant. The Direc- it in any hearing held pursuant to tor’s decision shall constitute the final paragraph (b) of this section and shall administrative decision of the Sec- otherwise satisfy the procedural re- retary in the matter. Nothing in this quirements of section 810(a) of the part shall be construed to deprive the Alaska National Interest Lands Con- Secretary or the Assistant Secretary servation Act, 94 Stat. 2427, 16 U.S.C. for Fish and Wildlife and Parks of the 3120, before approving the plan. authority to take jurisdiction at any stage of any appeal or request for re- § 37.23 Special use permit. consideration and render the final deci- (a) Within 45 days, or sooner if prac- sion in the matter after holding any in- ticable, of approving an exploration formal hearing that may be required, plan, or portion thereof, the Regional to review any decision of the Regional Director shall, unless prohibited by Director or Director, or to direct the law, issue a special use permit to au- Regional Director or Director to recon- thorize the permittee to proceed with sider a decision. those exploratory activities described (d) The Regional Director, as a condi- and approved in its exploration plan, or tion of approval of any exploration portion thereof, provided that the re- plan under this section, shall: quirements of § 37.14(a) have been satis- (1) Require that all data and informa- fied. The special use permit may con- tion (including processed, analyzed and tain such terms and conditions and interpreted information) obtained as a may be amended from time to time as result of carrying out the plan shall be the Regional Director deems necessary submitted to the Regional Director, as and appropriate to carry out the Act provided in § 37.53; and this part. (2) Make such data and information (b) Before issuing a special use per- available to the public, except that any mit to authorize exploration of lands
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within the coastal plain allotted pursu- ploration plan shall be implemented. ant to the Act of May 17, 1906, 34 Stat. Such request shall be deemed to be 197, as amended by the Act of August 2, granted on the 10th working day fol- 1956, 70 Stat. 954, or on lands within the lowing its receipt unless the Regional coastal plain the surface estate in Director denies the request; advises the which has been selected by or conveyed permittee that the proposed revision is to the Kaktovik Inupiat Corporation major and, therefore, must satisfy the pursuant to Sections 12 and 14 of the publication and hearing requirements Alaska Native Claims Settlement Act, of § 37.22(b) before it can be acted upon; 85 Stat. 701 and 702, 43 U.S.C. 1611 and by timely written notice extends the 1613, the Regional Director shall seek period for considering the request; con- the views of the holder of such ap- ditionally approves the proposed revi- proved native allotment or the Cor- sion with such modifications as he stip- poration for the purpose of developing ulates are necessary and appropriate; permit conditions designed to mitigate or, unconditionally approves the pro- the effects of such exploration on its posed revision within a shorter period. interests. No revision of an exploration plan shall be approved that is inconsistent with § 37.24 Plan of operation. the Act or this part. Approval of any Each approved exploration plan shall revision is subject to the conditions be supplemented by a written plan of stated in § 37.22(d) to the extent that operation for each fiscal year, or por- they are pertinent. tions thereof, covered by the explo- (b) Upon 10 working days advance no- ration plan. Each plan of operation tice to the Regional Director of its pro- shall specify the field operations for posed revision, or within such lesser implementing that exploration plan period as may be concurred in by the during the year, or portions thereof, Regional Director, a permittee may covered by the plan of operation. Each implement a revision of its plan of op- plan of operation shall be submitted to eration, provided that such revision is the Regional Director at least 30 days consistent with the exploration plan to before field operations are to be com- which the plan of operation pertains menced thereunder, except that any and this part. The Regional Director plan of operation supplementing a por- may require the permittee to defer, tion of an exploration plan that re- modify, or rescind such revision when- ceived expedited review and approval ever he determines that such action is pursuant to § 37.21(c) shall be submitted necessary and appropriate to ensure 10 days before field operations are to be such consistency. commenced thereunder. A plan of oper- (c) Reconsideration of the Regional ation shall set forth such specific infor- Director’s actions under this section mation as is required by the Regional may be obtained by employing the pro- Director in determining whether the cedures described in § 37.22(c). A request plan is consistent with the exploration for reconsideration shall not operate to plan to which it pertains and with this stay the Regional Director’s actions part. The permittee shall make such unless such stay is granted in writing modifications in its plan of operation by the Director. as are deemed at any time by the Re- gional Director to be necessary and ap- Subpart D—Environmental propriate to ensure such consistency. Protection Reconsideration of the Regional Direc- tor’s actions under this section may be § 37.31 Environmental protection. obtained by employing the procedures (a) The permittee shall conduct oper- described in § 37.22(c). ations in a manner which avoids sig- nificant adverse effects on the refuge’s § 37.25 Revision. wildlife, its habitat, and environment. (a) A permittee may request the Re- The Regional Director may impose gional Director for permission to revise stipulations to supplement the permit- its approved exploration plan. Until tee’s special use permit and issue other the Regional Director grants the per- orders as needed to ensure that the per- mittee’s request, no revision of its ex- mittee’s activities are conducted in a
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manner consistent with this part. If, cluding bottom sediments, on durable after 30 days, or in emergencies such ground, and on lagoons which are fro- shorter periods as shall not be unrea- zen to sufficient depth to ensure safety sonable, following a demand by the Re- of personnel, but shall not be located gional Director, the permittee shall on river ice. Durable ground can in- fail or refuse to perform any action re- clude gravel or sand bars or vegetated quired by this part, its exploration ground with adequate protective cover. plan, plan of operation, special use per- (6) Campsites and trails shall be kept mit, or a stipulation or order of the clean of waste. Refuge Manager, the department shall (7) Gray water may be discharged to have the right, but not the obligation, the surface provided it is filtered, dis- to perform any or all such actions at infected, and not discharged directly the sole expense of the permittee. Prior into lakes and rivers. to making such demand, the Regional (8) The permittee shall take all pre- Director shall confer with the per- cautionary measures necessary to pre- mittee, if practicable to do so, regard- vent and suppress man-caused tundra ing the required action or actions in- fires and shall notify the Regional Di- cluded in the demand. Reconsideration rector of the occurrence of any tundra of the Regional Director’s demands fires immediately or as soon as com- under this section may be obtained by munication can be established. employing the procedures described in (9) Rehabilitation of disturbed sur- § 37.22(c). A request for reconsideration face areas shall be accomplished by the shall not operate to stay the Regional permittee in accordance with schedules Director’s demands or the Depart- and a plan required and approved by ment’s performance pursuant to this the Regional Director. Revegetation section unless such stay is granted in shall be accomplished exclusively with writing by the Director. endemic species. (b) Terrestrial environment. (1) Vehi- (10) The permittee shall not harass cles shall be operated in a manner such wildlife in any manner, including, but that the vegetative mat or soil is not not limited to, close approach by sur- significantly damaged or displaced. face vehicles or aircraft. Aircraft Blading of snow on trails or campsites should maintain an altitude of at least shall be limited so as to maintain an 1500 feet above ground level whenever adequate protective cover. practicable. (2) Ground vehicles shall be of the (11) No explosives shall be detonated type causing the least practicable within 1⁄2 miles of any known denning harm to the surface, such as Nodwell brown or polar bear or any muskoxen FN–110 or FN–60 or Bombardier track or caribou herd. vehicles, mobile camps on flexible (12) The permittee shall operate in tracks or skids, vibrator units on flexi- such a manner as not to impede or re- ble tracks or wheels, D–7 Caterpillar strict the free passage and movement tractors, or their equivalent. They of large mammals, including caribou, shall be operated only in the winter muskoxen, moose, polar bear, and and where there is adequate protective brown bear. cover. Vehicle operation shall cease in (13) Feeding of wildlife is prohibited. the spring when the Regional Director This includes the leaving of garbage or determines that the protective cover is edibles in a place which would attract no longer adequate. Operation of wildlife. Garbage shall be kept in cov- ground vehicles in the summer is pro- ered animal-proof containers while hibited. awaiting incineration. (3) Movement of equipment through (14) Hunting, fishing, and trapping by riparian willow stands shall be avoided, the permittee within the refuge are except when approved by the Regional prohibited during the conduct of ex- Director. ploratory activities. Employing fire- (4) Above ground explosive charges arms in defense of life and property is shall be utilized in a manner to mini- allowed. mize damage to the vegetative mat. (c) Aquatic environment. (1) The per- (5) Campsites may be located on mittee shall not significantly alter the lakes which are frozen throughout, in- banks of streams, rivers, or lakes while
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conducting exploratory activities. by mitigate, minimize or avoid any ad- Crossings of stream, river, or lake verse effects thereon. banks shall utilize a low angle ap- (2) Unless otherwise specified by the proach or, if appropriate, snow bridges. Regional Director, the following prohi- If snow bridges are utilized for bank bitions shall be in effect: protection they shall be free of dirt and (i) No vehicle of any type shall pass debris and shall be removed after use over or through a known cultural re- or prior to breakup each year, which- source site with standing structures; ever occurs first. and (2) No water shall be removed from (ii) No seismic train shall camp on a any subsurface source. Removal of known cultural resource site. water or snow cover from or compac- (3) If any exploratory activities re- tion of snow cover on streams, rivers or quire entry into areas known to con- lakes identified by the Regional Direc- tain historic or archeological re- tor as inhabited by fish shall be prohib- sources, high probability areas, or ited during the winter. areas previously unsurveyed for cul- (3) To protect fish and other aquatic tural resources, prior to the initiation fauna, high explosives shall not be det- of such activities, the permittee shall, onated within, beneath, on or in close if ordered by the Regional Director, lo- proximity to fish-bearing waters unless cate, identify and evaluate properties prior drilling indicates that the water eligible for listing on the National Reg- body, including its substrate, is solidly ister of Historic Places, recover for the frozen. The minimum acceptable offset Department historic and archeological from fishing-bearing waters for various data contained in such properties, and size charges is: take other measures, as directed by the 1 pound charge—50 feet Regional Director, designed to miti- 2 pound charge—75 feet gate, minimize or avoid to the extent 5 pound charge—125 feet practicable any significant adverse ef- 10 pound charge—150 feet fects on them. Such efforts shall be 25 pound charge—250 feet done in a manner prescribed or ap- 100 pound charge—500 feet proved by the Regional Director in ac- Use of a charge in excess of 100 pounds cordance with a programmatic memo- shall be approved by the Regional Di- randum of agreement among the Serv- rector and shall be in a manner pre- ice, the State Historic Preservation Of- scribed or approved by him. ficer and the Advisory Council on His- (4) All operations shall be conducted toric Preservation, and without ex- in a manner that will not impede the pense or liability to the Department. passage of fish, disrupt fish spawning, (e) General. (1) All spills or leakages overwintering or nursery areas identi- of any hazardous substances, fires, fa- fied by the Regional Director or block talities, and any other conditions or change the character or course of, or which threaten the refuge’s resources, cause significant siltation or pollution the environment, or human safety, of any stream, river, pond, pothole, shall be reported by the permittee to lake, lagoon, or drainage system. the Regional Director immediately or (5) Ground vehicles shall not cross as soon as communication can be es- active spring areas. tablished. Other notifications shall be (d) Cultural resources. (1) Prior to im- made by the permittee as required by plementing any plan of operation, the applicable laws. permittee shall obtain from the Re- (2) All combustible solid waste shall gional Director copies of the cultural be incinerated or returned to the per- resource reconnaissance reports, maps mittee’s base of operations for disposal and other available documents which in accordance with applicable federal, identify all known cultural resource state and local standards. All non-com- sites and areas of predicted high prob- bustible solid waste, including, but not ability of containing cultural re- limited to, fuel drums and shot wire, sources. The Regional Director may shall be returned to the permittee’s reasonably restrict or prohibit explor- base of operations for disposal in ac- atory activities in these areas and, in cordance with applicable federal, state accordance with 36 CFR part 800, there- and local standards.
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(3) No discharge of petroleum, petro- plain. The type and location of tem- leum products, or toxic materials shall porary structures and facilities includ- be made within the refuge. All haz- ing, but not limited to, ice airstrips, ardous subtances utilized and/or gen- for use in support of exploratory activi- erated in conducting exploratory ac- ties must be approved by the Regional tivities shall be contained, controlled, Director. and cleaned up in accordance with the permittee’s approved hazardous sub- § 37.32 Special areas. stances control and contingency plan. (a) Caribou calving and post-calving Such measures shall take precedence special areas. The Regional Director over all other matters except human shall designate within the coastal plain safety. specific caribou calving and post- (4) Unless exigencies warrant, in any calving special areas which shall be field operations employing surface geo- closed to all exploratory activities for logical exploration, the equipment, fa- such periods between May 10 and July cilities, and personnel used within the 15 of each year as those areas are deter- coastal plain shall not exceed that nec- mined by the Regional Director to be essary to support a maximum of 6 si- used for caribou calving and post- multaneously operating surface geo- calving or both so as to ensure that ex- logical survey crews, and in any field ploratory activities do not signifi- operations employing seismic explo- cantly adversely affect calving and ration methods, the equipment, facili- post-calving caribou. No exploratory ties, and personnel used within the activities shall be conducted in such coastal plain shall not exceed that nec- designated areas during such periods. essary to support a maximum of 6 si- (b) Muskoxen calving special areas. multaneously operating seismic survey Whenever he deems it necessary or ap- crews. propriate to ensure that exploratory (5) No fuel storage facilities shall be activities do not significantly ad- placed within the annual floodplain of versely affect calving muskoxen, the fish-bearing watercourses or within 100 Regional Director shall designate with- feet of any other water body, and no in the following areas specific areas vehicle refueling shall occur within which shall be closed to all exploratory such areas except when approved by activities for such periods between the Regional Director. All fuel storage April 15 and June 5 of each year as sites shall be approved by the Regional those areas are determined by the Re- Director. Fuel containers shall be prop- gional Director to be used for erly stored and marked with the per- muskoxen calving. No exploratory ac- mittee’s name, type of fuel, and last tivities shall be conducted in such des- date of filling. All fuel containers with ignated areas during such periods. a storage capacity greater than 55 gal- (1) One generally encompassing the lons shall be of double-wall construc- Tamayariak uplands bordered on the tion. All fuels containers, including east by the Tamayariak River, on the those emptied, shall be capped when northwest by the Canning River, on the not in actual use. All fuel containers east by a north-south line intersecting placed within the annual floodplain of the benchmark ‘‘Can’’, and on the fish-bearing watercourses shall be re- south by an east-west line also inter- moved prior to breakup. secting the benchmark ‘‘Can’’. (6) The permittee shall not disturb or (2) One generally encompassing the damage any geodetic land survey Carter Creek uplands, bordered on the monuments. If any monument is dis- east by the Sadlerochit River, on the turbed or damaged, the permittee shall north by the mainland coastline, on reestablish it in a manner acceptable the west by Carter Creek, and on the to the Regional Director. south by an east-west line approxi- (7) The timing and location of the mately six miles inland from the coast- detonation of explosives shall be ap- line. proved in advance by the Regional Di- (3) One generally encompassing the rector. Niguanak hills, bordered on the east by (8) No permanent structures or facili- the Angun River, on the north by the ties will be erected within the coastal mainland coastline, on the west by a
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line parallel to and two miles west of tive dates of such limitations as is pos- the Niguanak River, crossing portions sible. The Regional Director may mod- of the Okerokovik River, and extending ify or remove such designations and south to the southern boundary of the limitations whenever he determines coastal plain, and on the south by the that they are no longer necessary to southern boundary of the coastal plain. protect the resources or values of such (c) Brown bear and polar bear denning special areas from significant adverse special areas. Whenever he deems it nec- effects. essary or appropriate to ensure that (g) No exploratory activities shall be exploratory activities do not signifi- conducted by any permittee at any cantly adversely affect denning bears, time within 1⁄2 mile of the source of the the Regional Director shall designate Sadleochit Spring or within 1⁄4 mile on within the coastal plain brown bear either side of Sadlerochit Spring Creek and polar bear denning sites within 1⁄2 for a distance of 5 miles downstream mile of which all exploratory activities from its source. shall be prohibited for such periods be- tween October 1 of one year and April § 37.33 Environmental briefing. 30 of the following year as are pre- The permittee shall provide opportu- scribed by the Regional Director. nities for the Regional Director to con- (d) Snow goose staging special areas. duct environmental and other perti- Whenever he deems it necessary or ap- nent briefings for all of its personnel propriate to ensure that exploratory involved in field operations prior to activities do not significantly ad- commencement of field work and peri- versely affect staging snow geese, the odically thereafter as the Regional Di- Regional Director shall designate with- rector may determine. The permittee in the general area bordered on the shall require the attendance of its per- east by the Aichilik River, on the sonnel and arrange the time and place north by the mainland coastline, on for such briefings upon the request of the west by the Hulahula River, and on the Regional Director. In addition, the the south by the southern boundary of permittee shall provide a copy of this the coastal plain, specific snow goose part to each employee involved with its staging special areas which shall be exploratory activities. closed to all exploratory activities dur- ing such periods between August 20 and Subpart E—General Administration September 10 of each year as those areas are determined by the Regional § 37.41 Responsibilities of the Regional Director to be used for snow goose Director. staging. No exploratory activities shall The Regional Director is authorized be conducted in such designated areas to approve and disapprove exploration during such periods. plans; issue special use permits; inspect (e) In addition, the Regional Director and regulate exploratory activities; re- may designate specific areas within the quire compliance with the permittee’s coastal plain that are important for approved exploration plan, plan of op- other wildlife or that encompass lands eration, this part, and other statutes the surface estate in which is owned by and regulations under which the refuge holders of approved native allotments is administered; and perform all other or the Kaktovik Inupiat Corporation as duties assigned to the Regional Direc- special areas in which exploratory ac- tor by this part. The Regional Director tivities may be prohibited, conditioned may issue written or oral stipulations, or otherwise restricted in such manner demands and orders to carry out his re- and for such period as prescribed by the sponsibilities, and amend and termi- Regional Director to avoid significant nate them as he deems appropriate. adverse effects from exploratory activi- Any oral stipulation, demand or order ties. shall be confirmed in writing within 3 (f) The Regional Director shall notify working days from its issuance. the permittee of the locations of des- ignated special areas and of the appli- § 37.42 Inspection and monitoring. cable limitations on its exploratory ac- The Regional Director may designate tivities as far in advance of the effec- field representatives, hereinafter
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known as Field Monitors, to monitor and be effective immediately upon re- the exploratory activities in the field. ceipt of the notice. Suspensions issued A Field Monitor may exercise such au- orally shall be followed by a written thority of the Regional Director as is notice confirming the action within 3 provided by delegation, except that a days, and all written notices will be Field Monitor may not revoke a per- sent by messenger or registered mail, mittee’s special use permit, and pro- return receipt requested. A suspension vided that any order issued by a Field shall remain in effect until the basis Monitor which suspends all of a per- for the suspension has been corrected mittee’s field activities shall, except in to the satisfaction of the Regional Di- emergencies, require the concurrence rector. For good cause, the Regional of the Regional Director. The Regional Director may also grant at the permit- Director shall have a continuing right tee’s request, a written waiver of any of access to any part of the exploratory activities at any time for inspection or provision of its special use permit, so monitoring and for any other purpose long as such waiver will not be likely that is consistent with this part. A per- to result in significant adverse effects mittee, upon request by the Regional on the refuge’s resources. Reconsider- Director, shall furnish lodging, food, ation of the Regional Director’s ac- and reasonable use of its communica- tions under this section may be ob- tion and surface and air transportation tained by employing the procedures de- systems, to the Field Monitors and scribed in § 37.22(c). A request for recon- other representatives of the United sideration shall not operate to stay the States for the purposes of inspecting Regional Director’s actions unless such and monitoring the permittee’s explo- stay is granted in writing by the Direc- ration activities in the field and for tor. any other purpose consistent with this part. Whenever possible, the Regional § 37.44 Revocation and relinquish- Director shall give advance notice of ment. the need for such services and facili- For nonuse, for failure to comply ties, including the names of persons to with § 37.14, or for any action of the be accommodated. permittee not consistent with this part, the Regional Director may revoke § 37.43 Suspension and modification. or a permittee may relinquish a special If at any time while exploratory ac- use permit to conduct exploratory ac- tivities are being carried out under an tivities at any time by sending to the approved exploration plan and special other a written notice of revocation or use permit, the Regional Director, on relinquishment. Such notice shall state the basis of information available to the reasons for the revocation or relin- him, determines that continuation of quishment and shall be sent by reg- further activities under the plan or istered mail, return receipt requested, permit will significantly adversely af- at least 30 days in advance of the date fect the refuge’s wildlife, its habitat, or that the revocation or relinquishment the environment, or significantly re- will be effective. Revocation or relin- strict subsistence uses, or that the per- mittee has failed to comply with its ap- quishment of a permit to conduct ex- proved exploration plan, plan of oper- ploratory activities shall not relieve ation, special use permit, any reason- the permittee of the obligation to com- able stipulation, demand or order of ply with all other obligations specified the Regional Director, or any regula- in this part and in its special use per- tion of this part, the Regional Director mit, approved exploration plan and may, without any expense or liability plan of operation. Reconsideration of to the Department, suspend activities the Regional Director’s actions under under the plan and/or permit for such this section may be obtained by em- time, or make such modifications to ploying the procedures described in the plan and/or permit, or both suspend § 37.22(c). A request for reconsideration and so modify, as he determines nec- shall not operate to stay the Regional essary and appropriate. Such suspen- Director actions unless such stay is sions shall state the reasons therefore granted in writing by the Director.
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§ 37.45 Exploration by the U.S. Geo- ation, special use permit and this part; logical Survey. performing the permittee’s obligations Notwithstanding the requirement pursuant to § 37.31(a); and identifying, found in § 37.21(b) on when exploration evaluating and preserving historic, ar- plans shall be submitted, the U.S. Geo- cheological and cultural resources in logical Survey may at any time apply areas to be explored by the permittee; for a special use permit to conduct ex- as further delineated by the Regional ploratory activities by submitting for Director. approval one or more exploration plans (b) Each applicant shall submit with in accordance with the requirements of each exploration plan submitted a pay- this part and the Act. No plan sub- ment, the amount of which shall be an mitted by the Survey will be approved estimate made by the Regional Direc- unless (1) no other person has sub- tor of the costs which will be incurred mitted a plan for the area involved by the Department in publishing, re- which satisfies the regulations of this viewing, modifying and approving or part and (2) the information which disapproving the applicant’s explo- would be obtained from the Survey is ration plan. needed to make an adequate report to (1) If the applicant’s plan is dis- Congress pursuant to the Act. Sections approved or if the applicant withdraws 37.13, 37.14, 37.22(d)(3), 37.46, 37.47, and its application before a decision is 37.54(d) and the provisions of reached on its plan, the applicant shall §§ 37.22(d)(2), 37.53(e), and 37.54 on proc- be responsible for such costs incurred essed, analyzed and interpreted data or by the Department in processing the information shall not apply to the Sur- applicant’s application up to the date vey. If authorized to conduct explor- on which the plan is disapproved or the atory activities, the Survey shall com- Regional Director receives written no- ply with this part in all other respects. tice of the applicant’s withdrawal, and All contractors and subcontractors for costs subsequently incurred by the used by the Survey to conduct explor- Department in terminating the appli- atory activities shall be subject to all cation review process. If the costs actu- of the regulations of this part except- ally incurred exceed the estimate paid ing §§ 37.13 and 37.46 and the provisions at the time of application, reimburse- of §§ 37.22(d)(2), 37.53(e), and 37.54 on ment by the applicant of such addi- processed, analyzed and interpreted tional costs shall be due within 30 days data or information. of receiving notice from the Regional Director of the additional amount due. § 37.46 Cost reimbursement. If the actual costs incurred are less (a) Each applicant for or holder of a than the estimate paid by the appli- special use permit issued under this cant, the excess shall be refunded to part shall reimburse the Department the applicant. for its actual costs incurred, including, (2) If the applicant’s plan is approved, but not limited to, its direct costs and the applicant shall pay an estimate indirect costs as established by the in- made by the Regional Director of the direct cost rate of the charging bureau costs which will be incurred by the De- or office, in publishing, reviewing partment in preparing and issuing to (which includes, but is not limited to, the applicant a special use permit. The conducting any public hearings there- first quarterly payment made by the on), modifying, and approving or dis- applicant pursuant to paragraph (c) of approving the applicant’s or permit- this section will be adjusted upward or tee’s exploration plan(s); reviewing evi- downward, as warranted, to accurately dence of the permittee’s compliance reflect the actual costs incurred by the with any order given by the Regional Department in processing the permit. Director under § 37.13; preparing and If an applicant withdraws after its plan issuing the permittee’s special use per- is approved, but before its special use mit; reviewing and acting on the per- permit is issued, the applicant shall be mittee’s plan(s) of operation; inspect- responsible for such costs incurred by ing, monitoring, and enforcing the per- the Department in preparing the appli- mittee’s compliance with its approved cant’s permit up to the date on which exploration plan(s), plan(s) or oper- the Regional Director receives written
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notice of the applicant’s withdrawal on the basis of the best available cost and for costs subsequently incurred by information. However, reimbursement the Department in terminating permit shall not be limited to the Regional Di- preparation and issuance. rector’s estimate if actual costs exceed (3) When two or more applications projected estimates. are filed which the Regional Director (e) All payments required by this sec- determines to be in competition with tion shall be made payable to the Serv- each other, each applicant shall reim- ice. No applicant or permittee shall set burse the Department for such actual off or otherwise deduct any debt due to costs incurred in processing its explo- or any sum claimed to be owed to it by ration plan and special use permit, if the United States from any payment issued, except that those costs which required by this section. Overpayments are not readily identifiable with one of shall be credited or refunded to the per- the applicants, shall be paid by each of son making them. the applicants in equal shares. (f) When through partnership, joint (c) Upon issuance of a special use per- venture or other business arrangement mit, the permittee shall make an ini- more than one person applies for or tial advance payment covering that participates in a special use permit, current fiscal year quarter and quar- each shall be jointly and severally lia- terly payments thereafter to cover the ble for reimbursing the Department’s actual costs incurred by the Depart- cost under this section. ment in administering the permittee’s (g) Any lodging, food, communica- permit for its duration. Such costs tion, and transportation provided by a shall include, but are not limited to, permittee under § 37.42 shall be deemed those direct costs and indirect costs, as to be costs paid to the Department in established by the indirect costs rate of kind for services rendered in inspecting the charging bureau or office, incurred and monitoring the permittee’s explor- in reviewing and acting on permittee’s atory activities. At the end of each plan(s) of operation; reviewing evi- quarter, the permittee shall furnish the dence of the permittee’s compliance Regional Director with a report, in a with any order given by the Regional format approved or prescribed by him, Director under § 37.13; preparing and on the goods and services provided dur- issuing the permittee’s special use per- ing that quarter, and the names of the mit; inspecting, monitoring, and en- individuals to whom they were pro- forcing the permittee’s compliance vided. with its approved exploration plan, (h) Any dispute between an applicant plan(s) of operation, special use permit or permittee and the Regional Director and this part; performing the permit- as to costs actually incurred by the De- tee’s obligations pursuant to § 37.31(a); partment and charged to the applicant and identifying, evaluating and pre- or permittee shall be finally decided serving historic, archeological and cul- for the Secretary by the Director, tural resources in areas to be explored using the procedures described in by the permittee. Each quarterly pay- § 37.22(c). ment will be paid at the outset of the quarter and will cover the estimated § 37.47 Civil penalties. cost of that quarter as adjusted by the (a) This section prescribes the proce- Regional Director by reason of any ad- dures for assessing a civil penalty for justment warranted by paragraph (b) of the violation of any provision of an ap- this section or by overpayments or un- proved exploration plan, any term or derpayments in previous quarters for condition of the special use permit which adjustment has not already been issued under § 37.23, or any prohibition made. Upon termination of the permit- contained in this part. The civil pen- tee’s special use permit, reimburse- alty remedy afforded by this section is ment or refundment of any outstanding in addition to all other remedies avail- amounts due the Department or the able to the Secretary. permittee shall be made within 180 (b) Notice of violation. (1) The notice days. of violation shall be issued by the So- (d) Estimates required by this section licitor and served personally or by reg- shall be made by the Regional Director istered mail upon the person named in
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the notice (hereinafter the respondent) partnership, association or agency, the or his authorized representative. The petition must be signed by an officer or notice shall contain: official authorized to sign such docu- (i) A summary of the facts believed ment. It must set forth in full the legal to show a violation by the respondent; or other reasons for the relief re- (ii) A specific reference to the provi- quested. sion, term, condition or prohibition al- (d) Notice of assessment. (1) After 45 legedly violated; and calendar days from the date of the no- (iii) The amount of the penalty pro- tice of violation or any amendment posed to be assessed. The notice may thereof, the Solicitor may proceed to also contain an initial proposal for determine whether the respondent compromise or settlement of the ac- committed the violation alleged and to tion. determine the amount of civil penalty (2) The notice of violation shall also to be assessed, taking into consider- advise respondent of his right to: ation the information available and (i) Respond to the notice within 45 such showing as may have been made calendar days from the date of its by the respondent. The Solicitor shall issuance by: (A) Undertaking informal notify the respondent of his determina- discussions with the Solicitor; (B) Ac- tions by a written notice of assess- cepting the proposed penalty or the ment, which shall also set forth the compromise, if any, offered in the no- basis for his determinations. The no- tice; or (C) Filing a petition for relief tice of assessment shall be served on in accordance with paragraph (c) of the respondent personally or by reg- this section; or istered mail. (ii) Take no action and await the So- (2) The notice of assessment shall licitor’s notice of assessment. Such re- also advise the respondent of his right sponse must be received by the Solic- to request a hearing on the matter in itor on or before the 45th day during accordance with paragraph (e) of this normal business hours at the address section. stated in the notice. (3) Any notice of violation may be (e) Request for a hearing. Within 45 amended, but any nontechnical amend- calendar days from the date of the ment will extend the running of the re- issuance of the notice of assessment, spondent’s 45 day period for response the respondent may request a hearing from the date of the notice to the date to be conducted on the matter in ac- of the amendment. cordance with 5 U.S.C. 554 through 557 (4) Acceptance of the proposed pen- by filing a dated, written request for alty or the compromise, if any, stated hearing with the Hearings Division, Of- in the notice of violation shall be fice of Hearings and Appeals, Depart- deemed to be a waiver of the notice of ment of the Interior, 4015 Wilson Blvd., assessment required in paragraph (d) of Arlington, Virginia 22203. Such request this section and of the respondent’s must be received at this address on or right to an opportunity for a hearing before the 45th day during normal busi- described in paragraph (e) of this sec- ness hours. The respondent shall state tion. the respondent’s preference as to the (c) Petition for relief. If the respondent place and date for a hearing. The re- chooses, he may ask that no penalty be quest must enclose a copy of the notice assessed or that the amount be reduced of violation and the notice of assess- and he may admit or contest the legal ment. A copy of the request shall be sufficiency of the Solicitor’s charges served upon the Solicitor personally or and allegations of facts, by filing a pe- by mail at the address specified in the tition for relief at the address specified notice of assessment. in the notice within 45 calendar days (f) Finality of decision. If no request from the date thereof. Such petition for a hearing is filed in accordance must be received by the Solicitor on or with this section, the assessment stat- before the 45th day during normal busi- ed in the notice of assessment shall be ness hours. The petition shall be in effective and constitute the final ad- writing and signed by the respondent. ministrative decision of the Secretary If the respondent is a corporation, on the 45th calandar day from the date
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of the notice of assessment. If the re- CFR 4.1130 through 4.1141. In addition, quest for hearing is timely filed in ac- discovery of facts known and opinions cordance with this section, the date of held by experts, otherwise discoverable the final administrative decision in the under 43 CFR 4.1132(a) and acquired and matter shall be as provided in para- developed in anticipation of adminis- graph (g) or (h) of this section. When a trative adjudication or litigation, may civil penalty assessed under this sec- be obtained only as follows: tion becomes final, the respondent (i)(A) A party through interrog- shall have 20 calendar days from the atories require any other party to iden- date of the final administrative deci- tify each person whom the other party sion within which to make full pay- expects to call as an expert witness, to ment of the penalty assessed. Payment state the subject matter on which the will be timely only if received in the expert is expected to testify, and to Office of the Solicitor during normal state the substance of the facts and business hours on or before the 20th opinions to which the expert is ex- day. pected to testify and a summary of the (g) Hearing. (1) Upon receipt of a re- grounds for each opinion. quest for a hearing, the Hearings Divi- (B) Upon motion, the administrative sion will assign an administrative law law judge may order further discovery judge who shall have all the powers ac- by other means, subject to such re- corded by law and necessary to preside strictions as to scope and such provi- over the parties and the hearing and to sions under paragraph (g)(3)(iii) of this make decisions in accordance with 5 section concerning fees and expenses, U.S.C. 554 through 557. Notice of such as the administrative law judge may assignment shall be given promptly to deem appropriate. the respondent and to the Solicitor at (ii) A party may discover facts the address stated in the notice of as- known or opinions held by an expert, sessment. Upon notice of the assign- who has been retained or employed by ment of an administrative law judge to another party in anticipation of admin- the case, the Solicitor shall file all cor- istrative adjudication or litigation or respondence and petitions exchanged preparation therefore and who is not between the Solicitor and the respond- expected to be called as a witness, only ent which shall become a part of the upon a showing of exceptional cir- hearing record. cumstances under which it is impracti- (2) The hearing shall be conducted in cable for the party seeking discovery accordance with 5 U.S.C. 554 through to obtain facts or opinions on the same 557 and with 43 CFR part 4 to the ex- subject by other means. tent that it is not inconsistent with (iii) Unless manifest injustice would this part. Subject to 43 CFR 1.3, the re- result, (A) the administrative law spondent may appear in person, by rep- judge shall require the party seeking resentative, or by counsel. The hearing discovery to pay the expert, or the De- shall be held in a location established partment if the expert is an employee by the administrative law judge, giving of the United States, a reasonable fee due regard to the convenience of the for time spent in responding to para- parties, their representatives and wit- graphs (g)(3)(i)(B) and (g)(3)(ii) of this nesses. Failure to appear at the time section; and (B) with respect to dis- set for hearing shall be deemed a waiv- covery under paragraph (g)(3)(i)(B) of er of the right to a hearing and consent this section the administrative law to the decision on the record made at judge may require and with respect to the hearing. The judge shall render a discovery under paragraph (g)(3)(ii) of written decision on the record, which this section the administrative law shall set forth his findings of facts and judge shall require, the party seeking conclusions of law and the reasons discovery to pay the other party a fair therefore, and an assessment of a civil portion of the fees and expenses reason- penalty if he determines that the re- ably incurred by the latter party in ob- spondent committed the violation taining facts and opinions from the ex- charged. pert. (3) Discovery shall be obtained by (4) Unless the notice of appeal is filed employing the procedures described 43 in accordance with paragraph (h) of
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this section, the administrative law less the matter is pending in court for judge’s decision shall constitute the judicial review or for recovery of the final administrative decision of the civil penalty assessed. A petition for Secretary in the matter and shall be- remission may be filed by the respond- come effective 30 calendar days from ent with the Solicitor at any time from the date of the decision. the date of the notice of violation re- (h) Appeal. (1) Either the respondent ferred to in paragraph (b) of this sec- or the Solicitor may seek an appeal tion until 90 days after the date of final from the decision of an administrative administrative decision assessing a law judge as to the respondent’s viola- civil penalty. The petition must set tion or penalty or both by the filing of forth in full the legal and other reasons a notice of appeal with the Director, for the relief requested. Any petition Office of Hearings and Appeals, United that is not timely filed will not receive States Department of the Interior, 4015 consideration. The Solicitor’s decision Wilson Boulevard, Arlington, Virginia shall be the final administrative deci- 22203, within 30 calendar days of the sion for the Secretary on the petition. date of the administrative law judge’s decision. Such notice shall be accom- Subpart F—Reporting and Data panied by proof of service on the ad- Management ministrative law judge and the oppos- ing party. § 37.51 Operational reports. (2) Upon receipt of such a request, the Director, Office of Hearings and (a) Each permittee shall submit re- Appeals, shall appoint an ad hoc ap- ports every 2 weeks on the progress of peals board to determine whether an exploratory activities in a manner and appeal should be granted, and to hear format approved or prescribed by the and decide an appeal. To the extent Regional Director. These shall include, they are not inconsistent herewith, the but are not limited to, a daily log of provisions of 43 CFR part 4, subpart G operations, and a report on the dis- shall apply to appeal proceedings under covery of any springs, hydrocarbon this paragraph. The determination of seeps, and other unusual phenomena. the board to grant or deny an appeal, (b) Each permittee shall submit to as well as its decision on the merits of the Regional Director a semiannual re- an appeal, shall be in writing and be- port of exploratory activities con- come effective as the final administra- ducted within the periods from Decem- tive determination of the Secretary in ber through May and June through No- the matter on the date it is rendered, vember. These semiannual reports unless otherwise specified therein. shall be submitted on August 1 and (i) Amount of penalty. The amount of February 1 or, as otherwise specified by any civil penalty assessed under this the Regional Director, and shall con- section shall not exceed $10,000 for each tain the following: violation. Each day of a continuing (1) A description of the work per- violation shall, however, constitute a formed; separate offense. In determining the (2) Charts, maps, or plats depicting amount of such penalty, the nature, the areas in which any exploratory ac- circumstances, extent, and gravity of tivities were conducted, specifically the violation committed, and, with re- identifying the seismic lines and the spect to the respondent, his history of locations where geological exploratory any prior offenses, his demonstrated activities were conducted, and the lo- good faith in attempting to achieve cations of campsites, airstrips and timely compliance after being cited for other support facilities utilized; the violation, and such other matters (3) The dates on which exploration as justice may require shall be consid- was actually performed. ered. (4) A narrative summary of any: (i) (j) Petition for remission. The Solicitor Surface occurrences of hydrocarbon or may modify or remit, with or without environmental hazards, and (ii) adverse conditions, any civil penalty which is effects of the exploratory activities on subject to imposition or which has the refuge’s wildlife, its habitat, the been imposed under this paragraph un- environment, cultural resources, or
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other uses of the area in which the ac- (2) All seismic data developed under tivities were conducted; and the permit, presented in a format pre- (5) Such other information as may be scribed or approved by the Regional Di- reasonably specified by the Regional rector and of a quality suitable for Director. processing. (c) Each permittee shall also submit (c) Processed geophysical informa- such other reports as are specified in tion shall be submitted with extra- this part. neous signals and interference removed as much as possible, and presented in a § 37.52 Records. format and of a quality suitable for in- terpretive evaluation, reflecting state- The permittee shall keep accurate of-the-art processing techniques. and complete records relating to its ex- (d) Processed, analyzed and inter- ploratory activities and to all data and preted data or information required to information, including, but not limited be submitted by the Act and this sec- to, raw, processed, reprocessed, ana- tion shall include, but not be limited lyzed and interpreted data and infor- to, seismic record sections, and mation, obtained as a result thereof. intepretations thereof; geologic maps, Until September 2, 1989, the Secretary cross sections, and intepretations shall have access to and the right to thereof; maps of gravitational and examine and reproduce any records, pa- magnetic fields and interpretations pers, or other documents relating to thereof; and chemical or other analyses such activities, data and information of rock samples collected on the refuge in order to ascertain the permittee’s and interpretations thereof. compliance with this part, ability to (e) Any permittee or other person perform under any special use permit, submitting processed, analyzed and in- and reliability and accuracy of all terpreted data or information to the data, information and reports sub- Regional Director shall clearly identify mitted to the Regional Director. them by marking the top of each page bearing such data or information with § 37.53 Submission of data and infor- the words ’’PROCESSED, ANALYZED mation. AND INTERPRETED DATA OR IN- (a) The permittee shall submit to the FORMATION’’. All pages so marked Regional Director free of charge all shall be physically separated by the data and information obtained as a re- person submitting them from those not sult of carrying out exploratory activi- so marked, unless doing so will destroy ties. Such data and information in- the value or integrity of the data or in- clude copies of all raw data and infor- formation presented. In that event or mation and all processed, analyzed and in the event that an item is submitted interpreted data or information. The which is not susceptible to marking by permittee shall, unless directed other- page, the document or item submitted wise by the Regional Director, submit will be accompanied by a summary such data and information within 30 identifying the location of all proc- days after the end of the annual quar- essed, analyzed and interpreted data or ter during which they become available information which are not segregated to it at every level of data gathering or or marked by page, and explaning the utilization, i.e., acquisition, proc- reasons therefore. All pages not essing, reprocessing, analysis, and in- marked with this legend, all other data terpretation. and information not identified as bear- (b) Each submission of geophysical ing such data or information, and all data or information shall contain, un- other data and information incorrectly less otherwise specified by the Re- identified as bearing such data or infor- gional Director, the following: mation shall be treated as raw data (1) An accurate and complete record and information and shall be made of each geophysical survey conducted available to the public upon request in under the permittee’s permit, including accordance with § 37.54(a). The Depart- digital navigational data, if obtained, ment reserves the right to determine and final location maps of all survey whether any page or item is correctly stations; and, identified as constituting processed,
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analyzed and interpreted data or infor- by a permittee or a third party relating mation. to the activities covered by the Act (f) If the permittee proposes to trans- and this part available to the public in fer any data or information covered by accordance with the Freedom of Infor- this section to a third party or the mation Act, 5 U.S.C. 552, and 43 CFR third party proposes to transfer such part 2. data or information to another third (b) The Department reserves the party, the transferor shall notify the right to disclose any data and informa- Regional Director at least 10 days in tion obtained as a result of carrying advance and shall require the receiving out exploratory activities and sub- third party, in writing, to abide by the mitted by a permittee or a third party obligations of the permittee as speci- and any other information submitted fied in this section as a condition by a permittee or a third party which precedent to the transfer of such data may be exempt from public disclosure or information. under the Freedom of Information Act, (g) Upon request by the Department, 5 U.S.C. 552, to an agent or third party a permittee shall identify each person in order to carry out the Department’s to whom the permitttee has provided statutory authorities. When prac- data and information pursuant to ticable, the Department shall notify § 37.22(d)(3) and provide a description of the permittee who provided the data or the area to which such data and infor- information of its intent to disclose mation pertain. the data or information to an agent or third party. Prior to any such disclo- § 37.54 Disclosure. sure, the recipient shall be required to (a) The Department shall make raw execute a written commitment not to data and information obtained as a re- transfer or to otherwise disclose any sult of carrying out exploratory activi- data or information to anyone without ties and submitted by the permittee or the express consent of the Department. a third party available to the public The recipient shall be liable for any un- upon submittal to the Congress of the authorized use by or disclosure of such report required by subsection (h) of the data or information to other third par- Act in accordance with subsection ties. (e)(2)(C) of the Act, this section, and (c) The Department reserves the the procedural requirements of the right to disclose upon proper request Freedom of Information Act, 5 U.S.C. any processed, analyzed and inter- 552, and 43 CFR part 2. The Department preted data and information and any shall withhold from the public all proc- other confidential information to the essed, analyzed and interpreted data or State of Alaska, to the Congress and information obtained as a result of car- any committee or subcommittee of the rying out exploratory activities and Congress having jurisdiction over the submitted by the permittee or a third refuge or this exploration program, and party, if they have been properly to any part of the Executive and Judi- marked and correctly identified in ac- cial Branches of the United States for cordance with § 37.53(e), until 10 years official use. The recipient shall be re- after the submission of such data or in- sponsible for maintaining the confiden- formation to the Regional Director or tiality of such data and information in until 2 years after any lease sale in- accordance with the Act. cluding the area within the refuge from (d) Commercial use by any person of which such data or information were data or information obtained as a re- obtained, whichever period is longer, sult of carrying out exploratory activi- by invoking subsection (e)(2)(C) of the ties and disclosed pursuant to this sec- Act and exemption 3 to the Freedom of tion is prohibited. No person shall ob- Information Act, 5 U.S.C. 552(b)(3). tain access from the Department, pur- Thereafter, the Department shall treat suant to paragraph (a) of this section, such data or information as raw data to any data or information obtained as and information. The Department shall a result of carrying out exploratory ac- make all other records, except explo- tivities and submitted by the permittee ration plans which must be published or a third party until such person pro- in accordance with § 37.22(b), submitted vides the Department with a statement
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certifying that person’s awareness of Thence northerly, between sections 13 and the prohibition contained in this para- 14, approximately 1 mile to the corner of sec- graph and the disqualification stated in tions 11, 12, 13 and 14, T. 8. N., R. 36 E., Umiat the first sentence of § 37.4(b). Meridian; Thence westerly, between sections 11 and 14, 10 and 15, 9 and 16, 8 and 17, approxi- APPENDIX I TO PART 37—LEGAL DE- mately 4 miles to the corner of sections 7, 8, SCRIPTION OF THE COASTAL PLAIN, 17 and 18, T. 8 N., R. 36 E., Umiat Meridian; ARCTIC NATIONAL WILDLIFE REFUGE, Thence southerly, between sections 17 and ALASKA 18, 19 and 20, 29 and 30 to the corner of sec- tions 29, 30, 31 and 32, T. 8. N., R. 36 E., Umiat Beginning at the meander corner of section Meridian; 35 on the First Standard Parallel North on Thence westerly, between sections 30 and the line of mean high water on the left bank 31, approximately 1 mile to the corner of sec- of the Canning River, T. 5 N., R. 23 E., Umiat tions 25, 30, 31 and 36, T. 8. N., Rs. 35 and 36 Meridian; E., Umiat Meridian; Thence easterly, along the First Standard Thence southerly, between sections 31 and Parallel North, approximately 403⁄4 miles to the closing corner of T. 4 N., Rs. 30 and 31 E., 36, approximately 1 mile to the corner of Umiat Meridian; Tps. 7 and 8 N., Rs. 35 and 36 E., Umiat Me- ridian; Thence southerly, between Rs. 30 and 31 E., approximately 6 miles to the corner of Tps. Thence westerly, between Tps. 7 and 8 N., 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian; approximately 1 mile to the corner of sec- Thence easterly, between Tps. 3 and 4 N., tions 1, 2, 35 and 36, Tps. 7 and 8 N., R. 35 E., approximately 18 miles to the corner of Tps. Umiat Meridian; 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian; Thence Northerly, between sections 35 and Thence southerly, between Rs. 33 and 34 E., 36 and 25 and 26, 23 and 24, approximately 3 approximately 6 miles to the corner of Tps. miles to the corner of sections 13, 14, 23 and 2 and 3 N., Rs. 33 and 34 E., Umiat Meridian; 24, T. 8 N., R. 35 E., Umiat Meridian; Thence easterly, between Tps. 2 and 3 N., Thence westerly, between sections 14 and approximately 21 miles to the meander cor- 23, 15 and 22, 16 and 21, 17 and 20, 18 and 19, ner of sections 4 and 33, on the line of mean 13 and 24, 14 and 23, 15 and 22, 16 and 21, 17 high water on the left bank of the Aichilik and 20, approximately 10 miles to the corner River, Tps. 2 and 3 N., R. 37 E., Umiat Merid- of sections 17, 18, 19 and 20, T. 8 N., R. 34 E., ian; Umiat Meridian; Thence northeasterly, along the line of Thence northerly, between sections 17 and mean high water on the left bank of the 18, approximately 1 mile to the corner of sec- Aichilik River, approximately 32 miles to a tions 7, 8, 17 and 18, T. 8 N., R. 34 E., Umiat point at the line of mean high tide of the Meridian; Beaufort Lagoon, located in section 28, T. 6 Thence westerly, between sections 7 and 18, N., R. 40 E., Umiat Meridian; approximately 1 mile to the corner of sec- Thence on an approximate forward bearing tions 7, 12, 13 and 18, T. 8 N., Rs. 33 and 34 E., of N. 65 degrees E., approximately 7,600 feet Umiat Meridian; to a point on the northerly boundary of the Thence southerly, between Rs. 33 and 34 E., Arctic National Wildlife Refuge located in approximately 1 mile to the corner of sec- section 22, T. 6 N., R. 40 E., Umiat Meridian tions 13, 18, 19 and 24, T. 8 N., Rs. 33 and 34 at the line of extreme low tide; E., Umiat Meridian; Thence northwesterly, along the northerly Thence westerly, between sections 13 and boundary of the Arctic National Wildlife 24, 14 and 23, 15 and 22, approximately 3 miles Refuge at the line of extreme low tide on the to the corner of sections 15, 16, 21 and 22, T. seaward side of all offshore bars, reefs and is- 8 N., R. 33 E., Umiat Meridian; lands, approximately 28 miles, to a point in Thence southerly, between sections 21 and section 33, T. 9 N., R. 36 E., that is due north 22, approximately 1 mile to the corner of sec- of the corner of T. 8 N., Rs. 36 and 37 E., tions 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat Umiat Meridian; Meridian; Thence due South, approximately 3⁄4 mile Thence westerly, between sections 21 and to the corner of T. 8 N., Rs. 36 and 37 E., 28, approximately one mile to the corner of Umiat Meridian; sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Thence southerly between Rs. 36 and 37 E., Umiat Meridian; approximately 3 miles to the corner of sec- Thence southerly, between sections 28 and tions 13, 18, 19, and 24, T. 8. N., Rs. 36 and 37 33, 29 and 32, approximately 2 miles to the E., Umiat Meridian; corner of sections 4, 5, 32 and 33, Tps. 7 and Thence westerly, between sections 13 and 8 N., R. 33 E., Umiat Meridian; 24, approximately 1 mile to the corner of sec- Thence westerly, between Tps. 7 and 8 N., tions 13, 14, 23 and 24, T. 8. N., R. 36 E., Umiat approximately 2 miles to the corner of Tps. Meridian; 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian;
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Thence southerly, between section 1 and 6 38.4 Authorized functions, powers, and du- approximately 1 mile to the corner of sec- ties. tions 1, 6, 7, and 12, T. 7 N., Rs. 32 and 33 E., 38.5 Emergency authority. Umiat Meridian; Thence westerly, between sections 1 and 12, Subpart C—Prohibitions approximately 1 mile to the corner of sec- tions 1, 2, 11 and 12, T. 7 N., R. 32 E., Umiat 38.6 General. Meridian; 38.7 Adopted offenses. 38.8 Consistency with Federal law. Thence northerly, between sections 1 and 38.9 Breach of the peace. 2, 35 and 36, approximately 2 miles to the 38.10 Trespass. corner of sections 25, 26, 35 and 36, T. 8 N., R. 38.11 Prostitution and lewd behavior. 32 E., Umiat Meridian; 38.12 Alcoholic beverages. Thence westerly, between sections 26 and 38.13 Speed limits. 27, 34 and 35, approximately 2 miles to the 38.14 Miscellaneous prohibitions. corner of sections 27, 28, 33 and 34, T. 8 N., R. 38.15 Attempt. 32 E., Umiat Meridian; 38.16 Penalties. Thence southerly, between sections 33 and 34, approximately one mile to the corner of Subpart D—Civil Administration sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 E., Umiat Meridian; 38.17 General. Thence westerly, between Tps. 7 and 8 N., AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k et approximately 3 miles to the corner of Tps. seq., 664, 668dd, 742(f), 3901 et seq.; 48 U.S.C. 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian; 644a; sec. 48, Pub. L. 86–624, 74 Stat 424; E.O. Thence northerly, between ranges 31 and 32 13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224. E., approximately 31⁄2 miles to a point on the northerly boundary of the Arctic National SOURCE: 63 FR 11626, Mar. 10, 1998, unless Wildlife Refuge at the line of extreme low otherwise noted. tide located between sections 13 and 18, T. 8 N., Rs. 31 and 32 E., Umiat Meridian; Subpart A—General Thence westerly, along the northerly boundary of the Arctic National Wildlife § 38.1 Applicability. Refuge approximately 57 miles along the line of extreme low water of the Arctic Ocean, in- (a) The regulations of this part apply cluding all offshore bars, reefs, and islands, to the Midway Atoll National Wildlife to the most westerly tip of the most north- Refuge. For the purpose of this part, westerly island, westerly of Brownlow Point, the Midway Atoll National Wildlife section 6, T. 9 N., R. 25 E., Umiat Meridian; Refuge includes the Midway Islands, Thence on an approximate forward bearing Hawaiian Group, between the parallels 1 1 of S. 56 ⁄2 degree W. approximately 3 ⁄4 miles of 28 deg. 5′ and 28 deg. 25′ North lati- to the mean high water line of the extreme west bank of the Canning River in section 15, tude, and their territorial seas located T. 9 N., R. 24 E., Umiat Meridian; approximately between the meridians Thence southerly, along the mean high of 177 deg. 10′ and 177 deg. 30′ West lon- water line of the west bank of the Canning gitude, as were placed under the juris- River approximately 32 miles to the meander diction and control of the Interior De- corner on the First Standard Parallel North partment by the provisions of Execu- at a point on the southerly boundary of sec- tive Order No. 13022 of October 31, 1996 tion 35, T. 5 N., R. 23 E., Umiat Meridian, the (3 CFR, 1996 Comp., p. 224). point of beginning. (b) Administration of Midway Atoll [48 FR 16858, Apr. 19, 1983; 49 FR 7570, Mar. 1, National Wildlife Refuge is governed 1984] by the regulations of this part and parts 25–32 of title 50, Code of Federal PART 38—MIDWAY ATOLL Regulations; the general principles of NATIONAL WILDLIFE REFUGE common law; the provisions of the criminal laws of the United States in Subpart A—General their entirety including the provisions of 18 U.S.C. 13 and those provisions Sec. that were not specifically applied to 38.1 Applicability. unincorporated possessions; the laws 38.2 Scope. applicable under the special maritime jurisdiction contained in 48 U.S.C. 644a; Subpart B—Executive Authority; Authorized and the provisions of the criminal laws Powers; Emergency Authority of the State of Hawaii to the extent the 38.3 Executive authority; duration. criminal laws of the State of Hawaii do
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not conflict with the criminal laws of (m) Issuance of lawful notices and or- the United States. ders necessary to the exercise of execu- tive authority under this section. § 38.2 Scope. The provisions of this part are in ad- § 38.5 Emergency authority. dition to the regulations of 50 CFR During the imminence and duration parts 25–32 which also apply to Midway of any emergency, the Regional Direc- Atoll National Wildlife Refuge. tor may perform any lawful acts nec- essary to protect life and property on Subpart B—Executive Authority; Midway Atoll National Wildlife Refuge. Authorized Powers; Emer- gency Authority Subpart C—Prohibitions § 38.3 Executive authority; duration. § 38.6 General. The executive authority of the Sec- In addition to any act prohibited by retary of the Interior over the Midway this part or 50 CFR part 27, any act Islands will be exercised by the Service committed on the Midway Atoll Na- Regional Director. The executive au- tional Wildlife Refuge that would be a thority of the Service Regional Direc- violation of the criminal laws of the tor may be redelegated to the Refuge United States or of the State of Hawaii Manager, Midway Atoll National Wild- as specified in subpart A of this part, life Refuge. as they now appear or as they may be amended or recodified; or any act com- § 38.4 Authorized functions, powers, mitted on the Midway Atoll National and duties. Wildlife Refuge that would be criminal The executive authority of the Re- if committed on board a merchant ves- gional Director concerning the Midway sel or other vessel belonging to the Islands includes: United States pursuant to the provi- (a) Issuance of citations for viola- sions of 48 U.S.C. 644a, is prohibited tions of this part and 50 CFR parts 25– and punishable, in accordance with the 32; National Wildlife Refuge System Ad- (b) Abatement of any public nuisance ministration Act, 16 U.S.C. 668dd, the upon the failure of the person con- criminal laws of the United States or cerned to comply with a removal no- the State of Hawaii as specified in sub- tice; part A of this part, as they now appear (c) Seizure of evidence; or as they may be amended or recodi- (d) Investigation of accidents and of- fied; or according to the laws applica- fenses; ble on board United States vessels on (e) Custody and disposal of lost or the high seas pursuant to the provi- abandoned property; sions of 48 U.S.C. 644a. (f) Regulation of aircraft and boat traffic and safety; § 38.7 Adopted offenses. (g) Imposition of quarantines; Any person who commits any act or (h) Evacuation of hazardous areas; omission on Midway Atoll National (i) Lawful restraint, detention, con- Wildlife Refuge which, although not finement, and care of persons prior to made punishable by an enactment of their prompt transfer to the custody of Congress, would be punishable if com- the United States District Court for mitted within the United States under the District of Hawaii; the United States criminal code at the (j) Lawful removal of person from the time of such act or omission, including Midway Atoll National Wildlife Refuge any provisions of the United States for cause; criminal code that are not specifically (k) Regulation of vehicle traffic and applied to unincorporated possessions safety; of the United States, will be guilty of a (l) Performance of other lawful acts like offense and subject to like punish- necessary for protecting the health and ment. Any person who commits any safety of persons and property on Mid- act or omission on Midway Atoll Na- way Atoll National Wildlife Refuge; tional Wildlife Refuge which, although and not made punishable by an enactment
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of Congress, would be punishable if pose one’s genitals under cir- committed within the State of Hawaii cumstances in which one’s conduct is by the laws thereof at the time of such likely to cause affront or alarm. act or omission, will be guilty of a like offense and subject to like punishment § 38.10 Trespass. to the extent the laws of the State of No person on Midway Atoll National Hawaii do not conflict with the crimi- Wildlife Refuge will: nal laws of the United States. (a) Loiter, prowl, or wander upon or near the assigned living quarters and § 38.8 Consistency with Federal law. adjacent property of another without Any provisions of the laws of the lawful purpose, or, while being upon or State of Hawaii, as they now appear or near the assigned living quarters and as they may be amended or recodified, adjacent property of another, peek in which are adopted by this part will any door or window of an inhabited apply only to the extent that they are building or structure located thereon not in conflict with any applicable without lawful purpose; Federal law or regulation. (b) Enter upon any assigned residen- tial quarters or areas immediately ad- § 38.9 Breach of the peace. jacent thereto, without permission of No person on Midway Atoll National the assigned occupant; Wildlife Refuge will: (c) Enter or remain in, without law- (a) With intent to cause public incon- ful purpose, any office building, ware- venience, annoyance, or alarm, or reck- house, plant, theater, club, school, or lessly creating a risk thereof, engage in other building after normal operating fighting, threatening, or other violent hours for that building; or or tumultuous behavior; or make un- (d) Enter or remain in any area or reasonable noise or offensively coarse building designated and posted as ‘‘re- utterances, gestures, or displays, or ad- stricted’’ unless authorized by proper dress abusive language to any person authority to be there. present; or create a hazardous or phys- ically offensive condition by any act § 38.11 Prostitution and lewd behavior. which is not performed under any au- No person on Midway Atoll National thorized license or permit; Wildlife Refuge will: (b) Having no legal privilege to do so, (a) Engage in prostitution. ‘‘Prostitu- knowingly or recklessly obstruct any tion’’ means the giving or receiving of roadway, alley, runway, private drive- the body for sexual intercourse for way, or public passage, or interfere hire; or with or unreasonably delay any emer- (b) Commit any lewd act in a public gency vehicle or equipment or author- place which is likely to be observed by ized vehicle, boat, vessel, or plane, or others who would be affronted or any peace officer, fireman, or other alarmed. public official engaged in or attempt- ing to discharge any lawful duty or of- § 38.12 Alcoholic beverages. fice, whether alone or with others. No person on Midway Atoll National ‘‘Obstruction’’ as used in this para- Wildlife Refuge will: graph means rendering impassable (a) Sell any alcoholic beverages to without unreasonable inconvenience or any person who, because of age, would hazard; be prohibited from purchasing that (c) When in a gathering, refuse to beverage in a civilian establishment in obey a reasonable request or order by a Hawaii. peace officer, fireman, or other public (b) Present or have in possession any official: fraudulent evidence of age for the pur- (1) To prevent an obstruction of any pose of obtaining alcoholic beverages public road or passage; in violation of this section. (2) To maintain public safety by dis- (c) Be substantially intoxicated on persing those gathered in dangerous any street, road, beach, theater, club, proximity to a public hazard; or or other public place from the vol- (d) With intent to arouse or gratify untary use of intoxicating liquor, drugs sexual desire of any other person, ex- or other substance. As used in this
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paragraph, ‘‘substantially intoxicated’’ sult in the evacuation of an area, build- is defined as an actual impairment of ing, structure, vehicle, aircraft, or boat mental or physical capacities. or other vessel, or any other place by its occupants; or § 38.13 Speed limits. (c) Intentionally report to any public No person on Midway Atoll National official authorized to issue a warrant of Wildlife Refuge will exceed the speed arrest or make an arrest, that a crime limit for automobiles, trucks, bicycles, has been committed, or make any oral motorcycles, or other vehicles. Unless or written statement to any of the otherwise posted, the speed limit above officials concerning a crime or throughout the Midway Atoll National alleged crime or other matter, knowing Wildlife Refuge is 15 miles per hour. such report or statement to be false.
§ 38.14 Miscellaneous prohibitions. § 38.15 Attempt. No person on Midway Atoll National No person on Midway Atoll National Wildlife Refuge will: Wildlife Refuge will attempt to commit (a) Smoke or ignite any fire in any any offense prohibited by this part. designated and posted ‘‘No Smoking’’ area, or in the immediate proximity of § 38.16 Penalties. any aircraft, fueling pit, or hazardous Any person who violates any provi- material storage area; sion of this part will be fined or impris- (b) Knowingly report or cause to be oned in accordance with 16 U.S.C. reported to any public official, or will- 668dd(e) and Title 18, U.S. Code. fully activate or cause to be activated, any alarm, that an emergency exists, knowing that such report or alarm is Subpart D—Civil Administration false. ‘‘Emergency.’’ as used in subpart B of this part, includes any condition § 38.17 General. which results, or could result, in the Civil administration of Midway Atoll response of a public official in an emer- National Wildlife Refuge shall be gov- gency vehicle, or any condition which erned by the provisions of this part, 50 jeopardizes, or could jeopardize, public CFR parts 25–32, and the general prin- lives or safety, or results or could re- ciples of common law.
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