Subchapter C—The National Wildlife Refuge System

SUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM

PART 25—ADMINISTRATIVE Subpart A—Introduction PROVISIONS § 25.11 Purpose of regulations. Subpart A—Introduction (a) The regulations in this subchapter govern general administration Sec. of units of the National Wildlife Refuge 25.11 Purpose of regulations. System, public notice of changes in 25.12 What do these terms mean? 25.13 Other applicable laws. U.S. Fish and Wildlife Service policy regarding Refuge System units, Subpart B—Administrative Provisions issuance of permits required on Refuge System units and other administrative 25.21 When and how do we open and close aspects involving the management of areas of the National Wildlife Refuge various units of the National Wildlife System to public access and use or con- Refuge System. The regulations in this tinue a use? 25.22 Lost and found articles. subchapter apply to areas of land and 25.23 What are the general regulations and water held by the United States in fee information collection requirements? title and to property interests in such land and water in less than fee, includ- Subpart C—Public Notice ing but not limited to easements. For areas held in less than fee, the regula- 25.31 General provisions. tions in this subchapter apply only to Subpart D—Permits the extent that the property interest held by the United States may be af- 25.41 Who issues refuge permits? fected. The regulations in this sub- 25.42 Permits required to be exhibited on re- chapter also apply to and govern those quest. areas of the Rocky Mountain Arsenal 25.43 Who may terminate or revoke a per- over which management responsibility mit and why? has been transferred to the U.S. Fish 25.44 How do we grant permits for easement and Wildlife Service under the Rocky area uses? Mountain Arsenal Act of 1992 (Pub. L. 25.45 Appeals procedure. 102–402, 106 Stat. 1961), before their es- Subpart E—Fees and Charges tablishment as a refuge and inclusion in the National Wildlife Refuge Sys- 25.51 General provisions. tem. 25.52 Designation. (b) All national wildlife refuges are 25.53 Establishment of single visit entrance maintained for the primary purpose of fees. developing a national program of wild- 25.54 Posting and public notification. life and ecological conservation and re- 25.55 Refuge admission permits. 25.56 Enforcement. habilitation. These refuges are estab- 25.57 Exceptions and exemptions. lished for the restoration, preservation, development and management of wild- Subpart F—Concessions life and wildlands habitat; for the protection 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- 25.71 Public safety. efits from these resources. 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:

157

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 25.12 50 CFR Ch. I (10–1–06 Edition)

Authorized official means any Federal, Coordination area means a wildlife State or local official empowered to en- management area made available to a force provisions of this subchapter C. State by cooperative agreement be- Big game means large game animals, tween the U.S. Fish and Wildlife Serv- including moose, elk, caribou, reindeer, ice and a State agency having control musk ox, deer, bighorn sheep, moun- over wildlife resources pursuant to sec- tain goat, pronghorn, bear, and pec- tion 4 of the Fish and Wildlife Coordi- cary, or such species as the separate nation Act (16 U.S.C. 664 or by long- States may so classify within their term leases or agreements pursuant to boundaries. title III of the Bankhead-Jones Farm Compatibility determination means a Tenant Act (7 U.S.C. 1010 et seq.). The written determination signed and States manage coordination areas but dated by the Refuge Manager and Re- they are part of the National Wildlife gional Chief, signifying that a proposed Refuge System. The compatibility or existing use of a national wildlife standard does not apply to coordina- refuge is a compatible use or is not a tion areas. compatible use. The Director makes Director means the Director, U.S. this delegation through the Regional Fish and Wildlife Service or the au- Director. thorized representative of such official. Compatible use means a proposed or Easement means a less than fee inter- existing wildlife-dependent rec- est in land or water acquired and ad- reational use or any other use of a na- ministered by the U.S. Fish and Wild- tional wildlife refuge that, based on sound professional judgment, will not life Service for the purpose of main- materially interfere with or detract taining fish and wildlife habitat. from the fulfillment of the National Fish, Wildlife, and Fish and wildlife Wildlife Refuge System mission or the mean any member of the animal king- purpose(s) of the national wildlife ref- dom in a wild, unconfined state, wheth- uge. er alive or dead, including a part, prod- Comprehensive conservation plan uct, egg, or offspring of the member. means a document that describes the Migratory bird means and refers to desired future conditions of a refuge or those species of birds listed under planning unit and provides long-range § 10.13 of this chapter. guidance and management direction to National wildlife refuge, and Refuge achieve the purposes of the refuge; mean a designated area of land, water, helps fulfill the mission of the Refuge or an interest in land or water located System; maintains and, where appro- within the National Wildlife Refuge priate, restores the ecological integrity System but does not include coordina- of each refuge and the Refuge System; tion areas. helps achieve the goals of the National National Wildlife Refuge System, and Wilderness Preservation System; and System mean all lands, waters, and in- meets other mandates. terests therein administered by the Conservation, and Management mean U.S. Fish and Wildlife Service as wild- to sustain and, where appropriate, re- life refuges, wildlife ranges, wildlife store and enhance, healthy populations management areas, waterfowl produc- of fish, wildlife, and plants utilizing, in tion areas, coordination areas, and accordance with applicable Federal and other areas for the protection and con- State laws, methods and procedures as- servation of fish and wildlife including sociated with modern scientific re- those that are threatened with extinc- source programs. Such methods and tion as determined in writing by the procedures include, consistent with the Director or so directed by Presidential provisions of the National Wildlife Ref- or Secretarial order. The determina- uge System Administration Act of 1966 tion by the Director may not be dele- (16 U.S.C. 668dd–668ee), protection, research, census, law enforcement, habi- gated. tat management, propagation, live National Wildlife Refuge System mis- trapping and transplantation, and reg- sion, and System mission mean to admin- ulated taking. ister a national network of lands and

158

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 25.12

waters for the conservation, manage- Refuge use, and Use of a refuge mean a ment, and where appropriate, restora- recreational use (including refuge action of the fish, wildlife, and plant re- tions associated with a recreational sources and their habitats within the use or other general public use), refuge United States for the benefit of present management economic activity, or and future generations of Americans. other use of a national wildlife refuge Nontoxic shot means steel shot or by the public or other non-National other shot approved pursuant to 50 Wildlife Refuge System entity. CFR 20.134. Regional Director means the official in Plant means any member of the plant charge of a Region of the U.S. Fish and kingdom in a wild, unconfined state, Wildlife Service or the authorized rep- including any plant community, seed, resentative of such official. root, or other part of a plant. Secretary means the Secretary of the Purpose(s) of the refuge means the Interior or the authorized representa- purposes specified in or derived from tive of such official. the law, proclamation, executive order, Service, We, and Us mean the U.S. agreement, public land order, donation Fish and Wildlife Service, Department document, or administrative memo- of the Interior. randum establishing, authorizing, or Sound professional judgment means a expanding a national wildlife refuge, finding, determination, or decision national wildlife refuge unit, or na- that is consistent with principles of tional wildlife refuge subunit. For ref- sound fish and wildlife management uges that encompass Congressionally and administration, available science designated wilderness, the purposes of and resources, and adherence to the re- the Wilderness Act are additional pur- quirements of the National Wildlife poses of the wilderness portion of the Refuge System Administration Act of refuge. 1966 (16 U.S.C. 668dd–668ee), and other Refuge management activity means an applicable laws. Included in this find- activity conducted by the Service or a ing, determination, or decision is a ref- Service-authorized agent to fulfill one uge manager’s field experience and or more purposes of the national wild- knowledge of the particular refuge’s re- life refuge, or the National Wildlife sources. Refuge System mission. Service-au- State, and United States mean one or thorized agents include contractors, more of the States of the United cooperating agencies, cooperating asso- States, Puerto Rico, American Samoa, ciations, refuge support groups, and the Virgin Islands, Guam, and the ter- volunteers. ritories and possessions of the United Refuge management economic activity States. means a refuge management activity Waterfowl production area means any on a national wildlife refuge which re- wetland or pothole area acquired pur- sults in generation of a commodity suant to section 4(c) of the amended which is or can be sold for income or Migratory Bird Hunting Stamp Act (72 revenue or traded for goods or services. Stat. 487; 16 U.S.C. 718d(c)), owned or Examples include: Farming, grazing, controlled by the United States and ad- haying, timber harvesting, and trap- ministered by the U.S. Fish and Wild- ping. life Service as a part of the National Regional Chief means the official in Wildlife Refuge System. charge of the National Wildlife Refuge Wildlife-dependent recreational use, System within a Region of the U.S. and Wildlife-dependent recreation mean a Fish and Wildlife Service or the au- use of a national wildlife refuge involv- thorized representative of such official. ing hunting, fishing, wildlife observa- Refuge Manager means the official dition and photography, or environ- rectly in charge of a national wildlife mental education and interpretation. refuge or the authorized representative The National Wildlife Refuge System of such official. In the case of a na- Administration Act of 1966 (16 U.S.C. tional wildlife refuge complex, this re- 668dd–668ee), specifies that these are fers to the official directly in charge of the six priority general public uses of the complex. the National Wildlife Refuge System.

159

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 25.13 50 CFR Ch. I (10–1–06 Edition)

Wildlife management area means a (1) We will complete compatibility general term used in describing a vari- determinations for uses of Alaska Na- ety of areas that are managed for wild- tive Claims Settlement Act 22(g) lands life purposes which may be included in in compliance with the following re- the National Wildlife Refuge System. quirements: You means the public. (i) Refuge managers will work with (b) Unless otherwise stated the defi- 22(g) landowners in implementation of nitions found in 50 CFR 10.12 also apply these regulations. The landowners to all of subchapter C of this title 50. should contact the Refuge Manager in [41 FR 9166, Mar. 3, 1976, as amended at 51 FR advance of initiating a use and request 7574, Mar. 5, 1986; 60 FR 62040, Dec. 4, 1995; 64 a compatibility determination. After a FR 14150, Mar. 24, 1999; 65 FR 62480, Oct. 18, compatibility determination is re- 2000] quested, refuge managers have no longer than ninety (90) days to com- § 25.13 Other applicable laws. plete the compatibility determination Nothing in this subchapter shall be and notify the landowner of the finding construed to relieve a person from any by providing a copy of the compat- other applicable requirements imposed ibility determination or to inform the by a local ordinance or by a statute or landowner of the specific reasons for regulation of any State or of the delay. If a refuge manager believes United States. that a finding of not compatible is likely, the Refuge Manager will notify Subpart B—Administrative the landowner prior to rendering a de- Provisions cision to encourage dialog on how the proposed use might be modified to be § 25.21 When and how do we open and compatible. close areas of the National Wildlife (ii) Refuge managers will allow all Refuge System to public access and uses proposed by 22(g) landowners when use or continue a use? the Refuge Manager determines the use (a) Except as provided below, all to be compatible with refuge purposes. areas included in the National Wildlife (iii) Compatibility determinations Refuge System are closed to public ac- will include only evaluations of how cess until and unless we open the area the proposed use would affect the abil- for a use or uses in accordance with the ity of the refuge to meet its mandated National Wildlife Refuge System Ad- purposes. The National Wildlife Refuge ministration Act of 1966 (16 U.S.C. System mission will not be considered 668dd–668ee), the Refuge Recreation Act in the evaluation. Refuge purposes will of 1962 (16 U.S.C. 460k–460k–4) and this include both pre-ANILCA purposes and subchapter C. See 50 CFR 36 for details those established by ANILCA, so long on use and access restrictions, and the as they do not conflict. If conflicts public participation and closure proc- arise, ANILCA purposes will take prec- ess established for Alaska national edence. wildlife refuges. We may open an area (iv) A determination that a use is not by regulation, individual permit, or compatible may be appealed by the public notice, in accordance with § 25.31 landowner to the Regional Director. of this subchapter. The appeal must be submitted in writ- (b) We may open a national wildlife ing within forty-five (45) days of re- refuge for any refuge use, or expand, ceipt of the determination. The appeals renew, or extend an existing refuge use process provided for in 50 CFR 36.41(i) only after the Refuge Manager deter- (3) through (5) will apply. mines that it is a compatible use and (v) Compatibility determinations for not inconsistent with any applicable proposed uses of 22(g) lands will only law. Lands subject to the patent re- evaluate the effects of the use on the strictions imposed by Section 22(g) of adjacent refuge lands, and the ability the Alaska Native Claims Settlement of that refuge to achieve its purposes, Act are subject to the compatibility re- not on the effects of the proposed use quirements of Parts 25 and 26 of 50 CFR to the 22(g) lands. except as otherwise provided in para- (vi) Compatibility determinations for graph (b)(1) of this section. 22(g) lands that a use is compatible are

160

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 25.21

not subject to re-evaluation unless the the preparation or revision of a com- use changes significantly, significant prehensive conservation plan, or at new information is made available that least every 15 years, whichever is ear- could affect the compatibility deter- lier. In addition, a refuge manager al- mination, or if requested by the land- ways may re-evaluate the compat- owner. ibility of a use at any time. (vii) Refuge comprehensive conserva- (g) Except for uses specifically au- tion plans will not include 22(g) lands, thorized for a period longer than 10 and compatibility determinations af- years (such as right-of-ways), we will fecting such lands will not to be auto- re-evaluate compatibility determina- matically re-evaluated when the plans tions for all existing uses other than are routinely updated. wildlife-dependent recreational uses (viii) Refuge special use permits will when conditions under which the use is not be required for compatible uses of permitted change significantly, or if 22(g) lands. Special conditions nec- there is significant new information re- essary to ensure a proposed use is com- garding the effects of the use, or at patible may be included in the compat- least every 10 years, whichever is ear- ibility determination and must be com- lier. In addition, a refuge manager al- plied with for the use to be considered ways may re-evaluate the compat- compatible. ibility of a use at any time. (c) The Refuge Manager may tempo- (h) For uses in existence on Novem- rarily allow or initiate any refuge use ber 17, 2000 that were specifically au- without making a compatibility deter- thorized for a period longer than 10 mination if necessary to protect the years (such as right-of-ways), our com- health and safety of the public or any patibility re-evaluation will examine fish or wildlife population. compliance with the terms and condi- (d) When we add lands to the Na- tions of the authorization, not the au- tional Wildlife Refuge System, the Ref- thorization itself. We will frequently uge Manager will identify, prior to ac- monitor and review the activity to en- quisition, withdrawal, transfer, reclas- sure that the permittee carries out all sification, or donation of those lands, permit terms and conditions. However, existing wildlife-dependent rec- the Service will request modifications reational public uses (if any) deter- to the terms and conditions of these mined to be compatible that we will permits from the permittee if the Serv- permit to continue on an interim basis, ice determines that such changes are pending completion of the comprehen- necessary to ensure that the use re- sive conservation plan for the national mains compatible. After November 17, wildlife refuge. We will make these 2000 no uses will be permitted or re-au- compatibility determinations in ac- thorized, for a period longer than 10 cordance with procedures in § 26.41 of years, unless the terms and conditions this subchapter. for such long-term permits specifically (e) In the event of a threat or emer- allows for modifications to the terms gency endangering the health and safe- and conditions, if necessary to ensure ty of the public or property or to pro- compatibility. We will make a new tect the resources of the area, the Ref- compatibility determination prior to uge Manager may close or curtail ref- extending or renewing such long-term uge uses of all or any part of an opened uses at the expiration of the authoriza- area to public access and use in accord- tion. When we prepare a compatibility ance with the provisions in § 25.31, determination for re-authorization of without advance notice. See 50 CFR an existing right-of-way, we will base 36.42 for procedures on closing Alaska our analysis on the existing conditions national wildlife refuges. with the use in place, not from a pre- (f) We will re-evaluate compatibility use perspective. determinations for existing wildlife-de- (i) When we re-evaluate a use for pendent recreational uses when condi- compatibility, we will take a fresh tions under which the use is permitted look at the use and prepare a new com- change significantly, or if there is sig- patibility determination following the nificant new information regarding the procedure outlined in 50 CFR 26.41. effects of the use, or concurrently with [65 FR 62481, Oct. 18, 2000]

161

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 25.22 50 CFR Ch. I (10–1–06 Edition)

§ 25.22 Lost and found articles. may be notified by any of the following Lost articles or money found on a na- methods, all of which supplement this tional wildlife refuge are to be imme- subchapter C: diately turned in to the nearest refuge (a) Official signs posted conspicu- office. ously at appropriate intervals and locations; § 25.23 What are the general regula- (b) Special regulations issued under tions and information collection re- the provisions of § 26.33 of this sub- quirements? chapter C. The Office of Management and Budg- (c) Maps available in the office of the et has approved the information collec- refuge manager, regional director, or tion requirements contained in sub- area director, or chapter C, parts 25, 32, and 36 under 44 (d) Other appropriate methods which U.S.C. 3501 et seq. and assigned the fol- will give the public actual or construc- lowing clearance numbers: Special Use tive notice of the permitted or cur- Permit Applications on National Wild- tailed public access, use, or rec- life Refuges in Alaska (SUP-AK), clear- reational activity. ance number 1018–0014; Special Use Per- mit Applications on National Wildlife Subpart D—Permits Refuges Outside Alaska (SUP), clearance number 1018–0102. See § 36.3 of this § 25.41 Who issues refuge permits? subchapter for further information on We authorize the refuge manager of Special Use Permit Applications on the facility where an activity is to National Wildlife Refuges in Alaska. take place to issue permits required by We are collecting the information to this subchapter C unless the regula- assist us in administering these pro- tions in this subchapter C require the grams in accordance with statutory au- applicant to obtain the applicable per- thorities that require that recreational mit from the Director or Secretary. In uses be compatible with the primary those situations, the refuge manager purposes for which the areas were es- will so inform the applicant, giving the tablished. We require the information applicant all necessary information as requested in the application form for to how and where to apply. the applicant to obtain a benefit. We estimate the public reporting burden [67 FR 58942, Sept. 18, 2002] for the SUP application form to be 30 minutes per response. This includes § 25.42 Permits required to be exhib- time for reviewing instructions, gath- ited on request. ering and maintaining data, and com- Any person on a national wildlife ref- pleting and reviewing the form. Direct uge shall upon request by any author- comments on the burden estimate or ized official exhibit the required Fed- any other aspect of this form to the In- eral or State permit or license author- formation Collection Clearance Officer, izing their presence and activity on the U.S. Fish and Wildlife Service, MS 222 area and shall furnish such other infor- ARLSQ, Washington, DC 20240 (1018– mation for identification purposes as 0014 or 1018–0102). may be requested. [65 FR 56400, Sept. 18, 2000] § 25.43 Who may terminate or revoke a permit and why? Subpart C—Public Notice The refuge manager may terminate § 25.31 General provisions. or revoke a permit at any time for noncompliance with the terms of the per- Whenever a particular public access, mit or of the regulations in this sub- use or recreational activity of any type chapter C; for nonuse; for violation of whatsoever, not otherwise expressly any law, regulation, or order applicable permitted under this subchapter, is to the refuge; or to protect public permitted on a national wildlife refuge health or safety or the resources of a or where public access, use, or rec- national wildlife refuge. reational or other activities previously permitted are curtailed, the public [67 FR 58943, Sept. 18, 2002]

162

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00172 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 25.45

§ 25.44 How do we grant permits for or application for permit, within the easement area uses? National Wildlife Refuge System. This (a) The provisions of this subsection section does not apply to permits or shall govern the regulation of activi- applications for rights-of-way. See ties that affect easement interests ac- § 29.22 for the hearing and appeals pro- quired by the United States. All other cedure on rights-of-way. provisions of subchapter C shall apply (b) Preliminary procedure. Prior to to activities within such easement making any adverse decision or order areas, but only to the extent that those on a permit or application for permit, provisions are directly or indirectly re- the refuge manager shall notify the lated to the protection of those ease- permittee or applicant orally or in ment interests expressly acquired by writing of the proposed action and its the United States which are specified effective date. The permittee or appli- in the easement agreement itself, and cant shall have twenty (20) days after are not inconsistent with the provi- notification in which to present to the sions of this subsection. refuge manager, orally or in writing, a (b) We require permits for use of statement in opposition to the pro- easement areas administered by us posed action or date. The permittee or where proposed activities may affect applicant shall be notified in writing the property interest acquired by the within twenty (20) days after receipt of United States. Applications for permits the statement in opposition, of the ref- will be submitted in writing to the Re- uge manager’s final decision or order. gional Director or a designee. We may (c) Appeals, how taken. If the refuge grant special use permits to owners of manager still intends to proceed with servient estates, or to third parties the proposed action, the permittee or with the owner’s agreement, by the Re- applicant shall have thirty (30) days gional Director or a designee, upon from the postmarked date of the refuge written determination that such per- manager’s final decision or order in mitted use is compatible. If we ulti- which to file a written appeal to the mately determine that the requested appropriate area manager. The appel- use will not affect the United States’ lant (permittee or applicant) shall be interest, the Regional Director will notified in writing within thirty (30) issue a letter of non-objection. days from the postmarked date of the (c) In instances where the third appli- appeal of the area manager’s decision. cant is a governmental entity which The appellant shall have (30) days from has acquired a partial interest in the the postmarked date of the area man- servient estate by subsequent con- ager’s decision to further appeal in demnation, a special use permit may writing to the appropriate regional di- be granted to the governmental entity rector. without the servient estate owner’s (d) Decision of regional director. The agreement if the regional director or regional director’s decision shall be his or her designee determines: final and issued in writing to the appel- (1) The permitted use is compatible; lant within thirty (30) days from the and postmarked date of the appeal. (2) The permitted use is consistent (e) Oral presentation. The appellant with the partial property interests ob- shall be provided an opportunity for tained through condemnation. oral presentation before the area man- (d) 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, as amended at 65 FR (f) Addresses. The addresses of the ap- 62482, Oct. 18, 2000] propriate officials to whom appeals may be taken shall be furnished in § 25.45 Appeals procedure. each decision or order. (a) Who may appeal. Any person who (g) Suspension pending appeal. Compli- is adversely affected by a refuge man- ance with any decision or order of a ager’s decision or order relating to the refuge manager shall not be suspended person’s permit granted by the Service, by reason of an appeal having been

163

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00173 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 25.51 50 CFR Ch. I (10–1–06 Edition)

taken unless such suspension is author- (c) The public policy or interest ized in writing by the area manager or served. regional director (depending upon the (d) The comparable fees charged by official before whom the appeal is non-Federal public agencies. pending), and then only upon a deter- (e) The economic and administrative mination by these officials that such feasibility of fee collection. suspension will not be detrimental to the interests of the United States or § 25.54 Posting and public notification. upon submission and acceptance of a The public shall be notified that an bond deemed adequate to indemnify entrance fee is charged through refuge the United States from loss or damage. publications and posted designation [42 FR 64120, Dec. 22, 1977. Redesignated at 51 signs in accordance with § 25.31 of this FR 7575, Mar. 5, 1986] part.

Subpart E—Fees and Charges § 25.55 Refuge admission permits. (a) Unless otherwise provided, per- SOURCE: 52 FR 29860, Aug. 12, 1987, unless sons entering an Entrance Fee Area otherwise noted. shall obtain and be in possession of a valid admission permit. § 25.51 General provisions. (b) The following five types of per- Reasonable charges and fees may be mits allowing entrance onto an En- established for public recreational use trance Fee Area will be available for of and, except in Alaska, entrance onto issue or purchase at such area and, ex- national wildlife refuges. Regulations cept for refuge-specific permits, at Fish regarding recreational use fees are con- and Wildlife Service Regional and tained in 36 CFR part 71. Regulations Washington, DC Offices, and at other regarding entrance fees are contained locations as may be designated. in this subpart E. (1) Single visit permit with a charge not to exceed $3 per person or $7.50 per § 25.52 Designation. noncommercial vehicle (single visit To be designated as an ‘‘Entrance can be defined as 1–15 days, dependent Fee Area’’, a unit of the National Wild- upon a determination of the period of life Refuge System must be found to time reasonably and ordinarily nec- demonstrate that: essary for such a visit at a particular refuge unit). (a) The level of visitation for recreational purposes is high enough to (2) Golden Eagle Passport. justify the collection of fees for admis- (3) Golden Age Passport. sion permits for economic reasons; (4) Golden Access Passport. (b) There is a practical mechanism in (5) Federal Migratory Bird Hunting existence for implementing and oper- and Conservation (Duck) Stamp. To be ating a system of collecting fees for ad- valid, the Duck Stamp must be current mission permits; and and bear the signature of the holder on (c) Imposition of a fee for admission the front. permits is not likely to result in undue economic hardship for a significant § 25.56 Enforcement. number of visitors to the unit. Permits issued or used for entrance onto Entrance Fee Areas are non- § 25.53 Establishment of single visit transferable. Failure to pay the en- entrance fees. trance fee, to display upon request of Entrance fees established for single an authorized official a valid permit, or visit permits at a designated Entrance to comply with other entrance fee pro- Fee Area shall consider the following visions, rules or regulations, will be criteria with regard to the local area subject to the penalties prescribed in 50 within which the refuge is located: CFR 28.31. (a) The direct and indirect cost to the Government. § 25.57 Exceptions and exemptions. (b) The benefits to the permit holder. At Entrance Fee Areas:

164

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior Pt. 26

(a) Special admission permits for cluded in leases, agreements, or use uses, such as group activities, may be permits. issued. (b) No entrance fee shall be charged § 25.72 Reporting of accidents. for persons under 16 years of age. Accidents involving damage to prop- (c) No entrance fee shall be charged erty, injury to the public or injury to for travel by private noncommercial wildlife that occur within the bound- vehicle over any road or highway established as part of the National Fed- aries of any national wildlife refuge are eral Aid System (defined in 23 U.S.C. to be reported as soon as possible, but 101), which is commonly used by the in no event later than 24 hours after public as a means of travel between the accident, by the persons involved, two places which are outside the En- to the refuge manager or other per- trance Fee Area. sonnel on duty at the national wildlife (d) No entrance fee shall be charged refuge headquarters. This report does for travel by private noncommercial not relieve persons from the responsi- vehicle over any road or highway to bility of making any other accident re- any land in which such person has a ports which may be required. property interest if such land is within any Entrance Fee Area. PART 26—PUBLIC ENTRY AND USE (e) Persons accompanying the holder of a valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Subpart A—Introduction Access Passport in a single, private, Sec. noncommercial vehicle shall be enti- 26.11 Purpose of regulations. tled to general entrance. (f) Where entry is by any means Subpart B—Public Entry other than single, private, noncommercial vehicle, the spouse, children, or 26.21 General trespass provision. parents accompanying the holder of a 26.22 General exception for entry. valid single visit permit, Federal Duck 26.23 Exception for entry to the head- Stamp or Golden Eagle, Age, or Access quarters office. Passport shall be entitled to general 26.24 Exception for entry when accompanied entrance. by refuge personnel. 26.25 Exception for entry to persons with an economic use privilege. Subpart F—Concessions 26.26 Exception for entry for use of emergency shelter. § 25.61 General provisions. 26.27 Exception for entry on designated Public use facilities may be operated routes of travel. by concessionaires or cooperators under appropriate contact or legal Subpart C—Public Use and Recreation agreement on national wildlife refuges where there is a demonstrated justified 26.31 General provisions. need for services or facilities including, 26.32 Recreational uses. but not limited to, boat rentals, swim- 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 national wildlife refuges. bles, trailer lots, food, lodging, and re- 26.35 Cabin sites. lated service. 26.36 Public assemblies and meetings. 26.41 What is the process for determining if Subpart G—Safety Regulations a use of a national wildlife refuge is a compatible use? § 25.71 Public safety. AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, Persons using national wildlife ref- 668dd, 715i; Pub. L. 96–315 (94 Stat. 958) and uges shall comply with the safety re- Pub. L. 98–146 (97 Stat. 955). quirements which are established under the provisions of this subchapter SOURCE: 41 FR 9167, Mar. 3, 1976, unless oth- C for each individual refuge and with erwise noted. any safety provisions which may be in-

165

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 26.11 50 CFR Ch. I (10–1–06 Edition)

Subpart A—Introduction § 26.25 Exception for entry to persons with an economic use privilege. § 26.11 Purpose of regulations. Access to and travel upon a national The regulations in this part govern wildlife refuge by a person granted eco- the circumstances under which the nomic use privileges on that national public can enter and use a national wildlife refuge should be restricted to a wildlife refuge. specified area in accordance with the provisions of their agreement, lease, or permit. Subpart B—Public Entry § 26.26 Exception for entry for use of § 26.21 General trespass provision. emergency shelter. (a) No person shall trespass, includ- A permit is not required for access to ing but not limited to entering, occu- any national wildlife area for tem- pying, using, or being upon, any na- porary shelter or temporary protection tional wildlife refuge, except as specifi- in the event of emergency conditions. cally authorized in this subchapter C or in other applicable Federal regula- § 26.27 Exception for entry on designated routes of travel. tions. (b) No unconfined domestic animals, A permit is not required to enter, including but not limited to dogs, hogs, travel on, and exit from any national cats, horses, sheep and cattle, shall be wildlife refuge on public waters and permitted to enter upon any national roads, and such roads, trails, footpaths, walkways, or other routes and areas wildlife refuge or to roam at large upon which are designated for public use such an area, except as specifically au- under the provisions of this subchapter thorized under the provisions of § 26.34, C. § 27.91 or § 29.2 of this subchapter C.

§ 26.22 General exception for entry. Subpart C—Public Use and Recreation (a) Any person entering or using any national wildlife refuge will comply § 26.31 General provisions. with the regulations in this subchapter Public recreation will be permitted C, the provisions of any special regula- on national wildlife refuges as an ap- tions and any other official notifica- propriate incidental or secondary use, tion as is appropriate under § 25.31. only after it has been determined that (b) A permit shall be required for any such recreational use is practicable and person entering a national wildlife ref- not inconsistent with the primary ob- uge, unless otherwise provided under jectives for which each particular area the provisions of subchapter C. The was established or with other author- permittee will abide by all the terms ized Federal operations. and conditions set forth in the permit. § 26.32 Recreational uses. § 26.23 Exception for entry to the Recreational uses such as, but not headquarters office. limited to, sightseeing, nature observa- The headquarters office of any nation and photography, interpretive cen- tional wildlife refuge is open to public ters and exhibits, hunting and fishing, access and admission during regularly bathing, boating, camping, ice skating, established business hours. picnicking, swimming, water skiing, and other similar activities may be § 26.24 Exception for entry when ac- permitted on national wildlife refuges. companied by refuge personnel. When such uses are permitted the pub- A permit is not required for access to lic will be notified under the provisions 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

166

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00176 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 26.34

within certain individual national or part-time dwelling units such as wildlife refuges where there is a need beach houses, vacation cabins, or to amend, modify, relax or make more structures which are intermittently oc- stringent the regulations contained in cupied. this subchapter C. The issued special (2) As provided for in Pub. L. 98–146, regulations will supplement the provi- ‘‘Up to 15 additional permits shall be sions in this part 26. granted to those persons meeting any (b) Special recreational use regula- one of the following conditions:’’ tions may contain the following items: (i) A resident as of July 1, 1982, who (1) Recreational uses authorized. held a valid Service access permit for (2) Seasons, period, or specific time improved property owners at any time of use. during the period from July 29, 1976, (3) Description of areas open to recre- through December 31, 1979. ation. (ii) Anyone in continuous residency (4) Specific conditions or require- since 1976, in the area bounded on the ments. north by the refuge boundary, and on (5) Other provisions. the south by a straight line passing (6) Special regulations for public use, through a point in the east-west pro- access, and recreation are published in longation of the centerline of Albacore the daily issue of the FEDERAL REG- Street, Whaleshead Club Subdivision, ISTER and may be codified in the Code Currituck County, North Carolina. of Federal Regulations. They shall be (iii) Any permanent, full time resi- issued in compliance with procedures dent as of April 1, 1983, residing in the contained in the Departmental Manual. area outlined in paragraph (a)(2)(ii) of this section and not otherwise eligible, § 26.34 Special regulations concerning who can substantiate to the Secretary public access, use and recreation for individual national wildlife ref- of the Interior that access is essential uges. to their maintaining a livelihood; so long as they maintain full-time contin- VIRGINIA uous employment in the Norfolk, Vir- 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- (a) Access qualifications and specifica- entation of adequate documentation to tions. (1) As provided for in Pub. L. 96– the refuge manager. Permittees may be 315, permanent, full-time residents who required to submit additional docu- can furnish to the refuge manager, mentation of their eligibility to the Back Bay NWR, adequate proof of con- refuge manager in order to maintain tinuous and continuing residency, com- access. Permits will be issued only to mencing prior to December 31, 1979, on those who legally qualify for them. the Outer Banks from the refuge (4) Only one permit will be issued per boundary south to and including the family. All permits issued will be ter- village of Corolla, North Carolina, as minated in the event that alternate ac- 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.

167

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00177 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 26.34 50 CFR Ch. I (10–1–06 Edition)

(b) Routes of travel. Access to, and ‘‘public utility vehicle’’ means any ve- travel along, the refuge beach by mo- hicle owned or operated by a public torized vehicles may be allowed be- utility company enfranchised to supply tween the dune crossing at the key Outer Banks residents with electricity card operated gate near the refuge or telephone service. headquarters, and the south boundary (h) Essential commercial service vehi- of the refuge only after a permit has cles. (1) Essential commercial service been issued or authorization provided vehicles on business calls during the by the refuge manager. Travel along hours of 8 a.m.–5 p.m. Monday through the refuge beach by motorized vehicle Friday will be granted access, only shall be below the high tide line, with- upon prior approval of the refuge man- in the intertidal zone, to the maximum ager when responding to a request from extent practicable. This may require a permittee. Such requests may be permittees to adjust their travel times verbal or in writing. Access by essen- to avoid high tides which would require tial commercial service vehicles will be the use of the emergency storm access/ granted only after all other reasonable evacuation route over the east dike. alternatives to access through the ref- (c) Number of trips allowed. Permittees uge have been exhausted as determined and members of their immediate fami- by the refuge manager. lies residing with them are limited to a (2) ‘‘Commercial service vehicle’’ total of two round trips per day per means any vehicle owned or operated household. by or on behalf of an individual, part- (d) Hours of travel. Travel along the nership, or corporation that is properly designated route is permitted 24 hours licensed to engage entirely in the busi- per day from October 1 through April ness of furnishing emergency repair 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- mittees with beach access privileges. forcement vehicles used for emergency (j) Commercial fishermen, businesses purposes may be granted access. Vehi- and their employees. (1) Commercial cles used by an employee/agent of the fishermen who have verified that their Federal, State or local government, in fishing operations on the Outer Banks the course of official duty other than of Virginia Beach, Virginia, or for emergency purposes, may be grant- Currituck County, North Carolina, ed access upon advance request to the have been dependent since 1972 on in- refuge manager. Continuous or recur- gress and egress to or across the refuge ring use of the refuge beach for other are granted permits for access. Travel than emergency purposes shall require through the refuge by commercial fish- the issuance of a permit from the ref- ermen from Currituck County, North uge manager. Carolina, will be permitted only when (g) Public utility vehicles. Public util- directly associated with commercial ity vehicles used on official business fishing operations. Drivers and pas- will be granted access. A permit speci- sengers on trips through the refuge are fying the times and types of access will limited to commercial fishing crew be issued by the refuge manager. A members. A commercial fisherman means

168

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 26.34

one who harvests finfish by gill net or (k) Suspension or waiver of rules. (1) In haul seine in the Atlantic Ocean, and an emergency, the refuge manager may who has owned and operated a commer- suspend any or all of the foregoing re- cial fishing businesses continuously strictions on vehicular travel and an- since 1972. Commercial permits are not nounce each suspension by whatever transferable by sale or devise. The means are available. In the event of ad- level of commercial permittee travel verse weather conditions, the refuge across the refuge shall not increase manager may close all or any portion above the average yearly levels main- of the refuge to vehicular traffic for tained in the 1985–1987 period. such periods as deemed advisable in the (2) Other businesses who have interest of public safety. verified that their business operations (2) The refuge manager may make ex- on the Outer Banks of Currituck Coun- ceptions to access restrictions, if they ty, North Carolina, have been depend- are compatible with refuge purposes, ent since 1972 on ingress and egress to for qualified permittees who have dem- or across the refuge will be granted onstrated to the refuge manager a need permits for access in accordance with for additional access relating to health the limitations outlined in paragraph or livelihood. (j)(1) of this section. (3) The refuge manager may grant (3) Each commercial fisherman or one-time use authorization for vehic- other business may be granted a max- ular access through the refuge to indi- imum of five designated employees to viduals, not otherwise qualified above, travel the refuge beach for commercial who have demonstrated to the refuge fishing or other business-related pur- manager that there is no feasible alter- poses only. Commercial fishing em- native to the access requested. Author- ployees may carry only other commer- ization for access under this provision cial fishing employees as passengers. will not be based on convenience to the Other business employees may carry applicant. only other employees of that business. (4) Medical access waiver permits The hauling of trailers associated with may be issued under the following con- the conduct of commercial fishing or ditions: other business activities is authorized. (i) The Regional Director may grant (4) Employees of commercial fisher- access to non-eligible permanent resi- men and/or other businesses who apply dents who can show proof that their for access permits shall have the bur- physical health is such that life-threat- den of proving, by the presentation of ening situations may result from more appropriate documentation to the ref- arduous travel conditions. The submis- uge manager, that they are an ‘‘em- sion of substantiating medical records ployee’’ for purposes of this section of is required to be considered for a med- the regulations. Appropriate docu- ical access waiver. mentation is defined as the submission (ii) All medical access waiver permit- of standardized and verifiable employ- tees will be required to prove that their ment forms including: Signed W-2 and medical condition is or continues to be W–4 forms, IRS form #1099, official such that a life-threatening situation earnings statements for specified peri- would result from more arduous travel ods, employee income tax withholding conditions. Such proof shall be re- submissions to State and Federal tax quired prior to the issuance of an ac- offices (e.g., IRS form W–3 with W-2s cess permit, and at 3-year intervals attached), State unemployment tax in- thereafter. 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.

169

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 26.34 50 CFR Ch. I (10–1–06 Edition)

(v) Previous holders of medical ac- and adherence to all applicable rules cess waiver permits will retain access and regulations. subject to paragraph (k)(4) (ii) and (iii) (4) A magnetic card will be issued to of this section. each authorized driver only for his or (l) Violation of rules. Violators of her operation of the computer con- these special regulations pertaining to trolled gate. No more than two cards Back Bay NWR are subject to legal ac- will be issued per family. Only one ve- tion as prescribed by 50 CFR 25.43 and hicle will be permitted to pass for each part 28, including suspension or revoca- gate opening. Unauthorized use of the tion of all permits issued to the viola- magnetic card may result in suspen- tor or responsible permittee. The ref- sion of the permit. A fee will be uge manager may deny access permits charged to replace lost or misplaced to applicants who, during the 2 years cards. Malfunctioning cards will be re- immediately preceding the date of ap- placed at no charge. plication, have formally been charged (5) Access is granted for the purpose and successfully prosecuted for three of travel to and from the permittee’s or more violations of these or other residence and/or place of business. Ac- regulations in effect at Back Bay NWR. cess is not authorized for the purpose Individuals whose vehicle access privi- of transporting individuals for hire, or leges are suspended, revoked, or denied for the transport of prospective real es- may, within 30 days, file a written ap- tate clients to or from the Outer Banks peal of the action to the Assistant Re- of North Carolina, or for any other pur- gional Director-Refuges and Wildlife, pose not covered in this rule. One Gateway Center, Suite 700, Newton 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 redesignated 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. (3) The refuge manager may prescribe (2) Use by all groups exceeding 10 in- restrictions as to the types of vehicles dividuals will require a Special Use to be permitted to ensure public safety Permit, issued by the refuge manager.

170

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 26.41

(3) Registered motor vehicles and (1) A prior application for the same motorized bicycles (mopeds) are per- time and place has been made which mitted on the paved refuge access road has been or will be granted; or and parking lot at refuge headquarters. (2) The activity will present a clear All other motorized vehicular use is and present danger to public health or prohibited, except as specifically au- safety, or undue disturbance to the thorized pursuant to this rule. other users or resources of the area; or (4) The information collection re- (3) The activity is of such nature that quirement contained in this rule has it cannot be reasonably accommodated been approved by the Office of Manage- in the particular national wildlife ref- ment and Budget under 44 U.S.C. 3501, uge; or et seq., and has been assigned the num- (4) The activity conflicts with the ber 1018–0014. The information being purposes of the national wildlife ref- collected is used to determine eligi- uge. bility for issuing a vehicular access (d) The permit may contain such con- permit and a response is required to ob- ditions as are reasonably consistent tain a benefit. with protection and use of the national wildlife refuge for the purpose for [52 FR 35715, Sept. 23, 1987] which it is maintained. It may also EDITORIAL NOTE: For FEDERAL REGISTER ci- contain reasonable limitations on the tations to regulations affecting temporary time and area within which the activ- and special regulations on national wildlife ity is permitted. refuges, see the List of CFR Sections Af- fected, which appears in the Finding Aids § 26.41 What is the process for deter- section of the printed volume and on GPO mining if a use of a national wild- Access. life refuge is a compatible use? The Refuge Manager will not initiate § 26.35 Cabin sites. or permit a new use of a national wild- (a) There shall be no new private life refuge or expand, renew, or extend cabin site permits issued for national an existing use of a national wildlife wildlife refuges. All appropriate provi- refuge, unless the Refuge Manager has sions of 43 CFR part 21 apply to the determined that the use is a compat- phaseout of existing permits on na- ible use. This section provides guide- tional wildlife refuges. lines for making compatibility deter- (b) No new government owned cabin minations, and procedures for docu- site permits for private recreational menting compatibility determinations purposes shall be issued nor shall exist- and for periodic review of compat- ing permits be renewed. ibility determinations. We will usually complete compatibility determinations § 26.36 Public assemblies and meet- as part of the comprehensive conserva- ings. tion plan or step-down management plan process for individual uses, spe- (a) Public meetings, assemblies, dem- cific use programs, or groups of related onstrations, parades and other public uses described in the plan. We will expressions of view may be permitted make all compatibility determinations within a national wildlife refuge open in writing. to public use, provided a permit there- (a) What information do we include in fore has been issued by the refuge man- a compatibility determination? All com- ager. patibility determinations will include (b) Any application for such permit the following information: shall set forth the name of the appli- (1) The proposed or existing use; cant, the date, time, duration, nature (2) The name of the national wildlife and place of the proposed event, an es- refuge; timate of the number of persons ex- (3) The authorities used to establish pected to attend, and a statement of the national wildlife refuge; equipment and facilities to be used in (4) The purpose(s) of the national connection therewith. wildlife refuge; (c) The refuge manager may issue a (5) The National Wildlife Refuge Sys- permit on proper application unless: tem mission;

171

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 Pt. 27 50 CFR Ch. I (10–1–06 Edition)

(6) The nature and extent of the use quantity and quality; restored or re- including the following: placement areas identified in the de- (i) What is the use? Is the use a pri- sign are afforded permanent protection ority public use?; as part of the national wildlife refuge (ii) Where would the use be con- or wetland management district af- ducted?; fected by the maintenance; and all res- (iii) When would the use be con- toration work is completed by the ap- ducted?; plicant prior to any title transfer or re- (iv) How would the use be con- cording of the easement, if applicable. ducted?; and Maintenance of an existing right-of- (v) Why is the use being proposed?. way includes minor expansion or minor (7) An analysis of costs for admin- realignment to meet safety standards. istering and managing each use; (d) Termination of uses that are not (8) The anticipated impacts of the use compatible. When we determine an ex- on the national wildlife refuge’s pur- isting use is not compatible, we will ex- poses and the National Wildlife Refuge peditiously terminate or modify the System mission; use to make it compatible. Except with (9) The amount of opportunity for written authorization by the Director, public review and comment provided; this process of termination or modi- (10) Whether the use is compatible or fication will not exceed 6 months from not compatible (does it or will it mate- the date that the compatibility deter- rially interfere with or detract from mination is signed. the fulfillment of the National Wildlife [65 FR 62482, Oct. 18, 2000] Refuge System mission or the purpose(s) of the national wildlife refuge); (11) Stipulations necessary to ensure PART 27—PROHIBITED ACTS compatibility; (12) A logical explanation describing Subpart A—Introduction how the proposed use would, or would Sec. not, materially interfere with or de- 27.11 Purpose of regulations. tract from the fulfillment of the Na- tional Wildlife Refuge System mission Subpart B—Taking Violations or the purpose(s) of the national wildlife refuge; 27.21 General provisions. (13) The Refuge Manager’s signature Subpart C—Disturbing Violations: With and date signed; and Vehicles (14) The Regional Chief’s concurrence signature and date signed. 27.31 General provisions regarding vehicles. (15) The mandatory 10- or 15-year re- 27.32 Boats. evaluation date. 27.33 Water skiing. (b) Making a use compatible through re- 27.34 Aircraft. placement of lost habitat values or other Subpart D—Disturbing Violations: With compensatory mitigation. We will not Weapons allow compensatory mitigation to make a proposed refuge use compat- 27.41 General provisions. ible, except by replacement of lost 27.42 Firearms. habitat values as provided in paragraph 27.43 Weapons other than firearms. (c) of this section. If we cannot make the proposed use compatible with stip- Subpart E—Disturbing Violations: Against ulations we cannot allow the use. Plants and Animals (c) Existing right-of-ways. We will not 27.51 Disturbing, injuring, and damaging make a compatibility determination plants and animals. and will deny any request for mainte- 27.52 Introduction of plants and animals. nance of an existing right-of-way which will affect a unit of the National Wild- Subpart F—Disturbing Violations: Against life Refuge System, unless: the design Nonwildlife Property adopts appropriate measures to avoid 27.61 Destruction or removal of property. resource impacts and includes provi- 27.62 Search for and removal of objects of sions to ensure no net loss of habitat antiquity.

172

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 27.31

27.63 Search for and removal of other valued and parts 31, 32, and 33 of this sub- objects. chapter C. 27.64 Prospecting and mining. 27.65 Tampering with vehicles and equipment. Subpart C—Disturbing Violations: With Vehicles Subpart G—Disturbing Violations: Light and Sound Equipment § 27.31 General provisions regarding vehicles. 27.71 Motion or sound pictures. Travel in or use of any motorized or 27.72 Audio equipment. other vehicles, including those used on 27.73 Artificial lights. air, water, ice, snow, is prohibited on Subpart H—Disturbing Violations: Personal national wildlife refuges except on des- Conduct ignated routes of travel, as indicated by the appropriate traffic control signs 27.81 Alcoholic beverages. or signals and in designated areas post- 27.82 Possession and delivery of controlled ed or delineated on maps by the refuge substances. manager and subject to the following 27.83 Indecency and disorderly conduct. requirements and limitations: 27.84 Interference with persons engaged in (a) Unless specifically covered by the authorized activities. 27.85 Gambling. general and special regulations set 27.86 Begging. forth in this chapter, the laws and regulations of the State within whose ex- 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. and use of vehicles. Such State laws 27.93 Abandonment of property. 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. (b) No operator of a vehicle shall be AUTHORITY: Sec. 2, 33 Stat. 614, as amended (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 carelessly or heedlessly, or in willful or Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as wanton disregard for the rights or safe- amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); ty of other persons, or without due care Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. or at a speed greater than is reasonable 685, 752, 690d); 16 U.S.C. 715s). and prudent under prevailing condi- SOURCE: 41 FR 9168, Mar. 3, 1976, unless oth- tions, having regard to traffic, weath- erwise noted. er, wildlife, road, and light conditions, and surface, width, and character of Subpart A—Introduction the travel way is prohibited. Every operator shall maintain such control of § 27.11 Purpose of regulations. 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- (d) The vehicle speed limit shall not mitted in this part, part 26, and part 25, exceed 25 m.p.h. except as otherwise le- subpart D—Permits. gally posted. (e)(1) Every motor vehicle shall at all [42 FR 56954, Oct. 31, 1977] time be equipped with a muffler in good working order, and which cannot Subpart B—Taking Violations be removed or otherwise altered while the vehicle is being operated on a na- § 27.21 General provisions. tional wildlife refuge. To prevent ex- No person shall take any animal or cessive or unusual noise no person plant on any national wildlife refuge, shall use a muffler cut-out, bypass, or except as authorized under 50 CFR 27.51 similar device upon a motor vehicle. A

173

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 27.32 50 CFR Ch. I (10–1–06 Edition)

vehicle that produces unusual or exces- (l) A motor vehicle shall not be oper- sive noise or visible pollutants is pro- ated at anytime without proper brakes hibited. and brake lights, or from sunset to (2) A refuge manager, by posting of sunrise without working headlights appropriate signs or by marking on a and taillights which comply with the map which shall be available at the ref- regulations for operation on the roads uge headquarters, may require that of the State within whose boundaries any motor vehicle operating in the des- the refuge is located. ignated area shall be equipped with a (m) Such other requirements which spark arrestor that meets Standard are established under the provisions of 5100–1a of the U.S. Forest Service, De- this subchapter C. partment of Agriculture which standard includes the requirements that § 27.32 Boats. such spark arrestor shall have an effi- (a) The use of boats in national wild- ciency to retain or destroy at least 80 life refuges is prohibited except as may percent of carbon particles, for all flow be authorized under and subject to the rates, and that such spark arrestor has requirements set forth below. been warranted by its manufacturer as meeting the above mentioned effi- (b) When the use of boats is per- ciency requirement for at least 1,000 mitted on any national wildlife refuge, hours, subject to normal use, with the public will be notified under the maintenance and mounting in accord- provisions of this subchapter C and the ance with the manufacturers rec- following operational requirements and ommendations. limitations will apply: (f) The operation of a vehicle which (1)(i) In addition to the regulations does not bear valid license plates and is contained in this part, the U.S. Coast not properly certified, registered, or in- Guard Regulations, titles 33 and 46 spected in accordance with applicable CFR, are applicable on navigable wa- State laws is prohibited. ters of the United States. (g) Driving or permitting another (ii) Unless specifically covered by the person to drive a vehicle without valid general and special regulations set license is prohibited. A valid driver’s or forth in this chapter, the laws and reg- operator’s license must be displayed ulations of the State within whose ex- upon the request of any authorized offi- terior boundaries a national wildlife cial. refuge or portion thereof is located (h) Stopping, parking or leaving any shall govern boating and the operation vehicle, whether attended or unat- and use of boats. Such laws and regula- tended, upon any road, trail, or fire tions which are now or may hereafter lane so as to obstruct the free move- be in effect are hereby adopted and ment of other vehicles is prohibited, made a part of the regulations in this except in the event of accident or other part. conditions beyond the immediate con- (2) No operator or person in charge of trol of the operator, or as otherwise di- any boat shall operate or knowingly rected by an authorized official. permit any other person to operate a (i) All persons shall obey the lawful boat in a reckless or negligent manner, order or signal of any authorized offi- or in a manner so as to endanger or be cial directing, controlling, or regu- likely to endanger any person, prop- lating the movement of traffic. erty or wildlife. (j) Load, weight and width limita- (3) No person shall operate or be in tions, as may be necessary, shall be actual physical control of a boat while prescribed and the public advised under under the influence of intoxicating provisions of § 25.31. Such limitations beverages or controlled substances. must be complied with by the opera- (4) No person shall operate a boat in tors of all vehicles. a manner which will unreasonably (k) A motor vehicle involved in an interfere with other boats or with free accident is not to be moved until an and proper navigation of the water- authorized official arrives at the scene ways of the areas. Anchoring in heavily of the accident, unless such vehicle traveled channels or main thorough- constitutes a traffic or safety hazard. fares shall constitute such interference

174

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 27.51

if unreasonable in the prevailing cir- gency, is prohibited. National wildlife cumstances. refuge boundaries are designated on up- (5) No person shall operate a boat on date FAA aeronautical charts. refuge waters that has a marine head (toilet) unless it conforms to Environ- Subpart D—Disturbing Violations: mental Protection Agency regulations With Weapons regarding sewage discharge. (6) Every sailboat when underway § 27.41 General provisions. from sunset to sunrise shall carry and Carrying, possessing, or discharging exhibit a bright white light visible all firearms, fireworks, or explosives on around the horizon for a distance of national wildlife refuges is prohibited two miles. unless specifically authorized under (7) Leaving any boat unattended, out- the provisions of this subchapter C. side of designated mooring or beaching areas, for a period in excess of 72 hours § 27.42 Firearms. without written permission of the refuge manager is prohibited and any boat Only the following persons may pos- so left may be impounded by the refuge sess, use, or transport firearms on na- manager. tional wildlife refuges in accordance (8) Government-owned docks, piers, with this section and applicable Fed- and floats are not to be used for load- eral and State law: ing and unloading of boats, except in (a) Persons using firearms for public emergencies or unless specifically au- hunting under the provisions of 50 CFR thorized by the refuge manager. part 32. (b) Persons carrying unloaded fire- § 27.33 Water skiing. arms, that are dismantled or cased, in When water skiing is permitted upon vehicles and boats over routes of travel national wildlife refuge waters, the designated under the provision of sub- public will be notified under the provi- chapter C. sions of this subchapter C and the fol- (c) Persons authorized to use fire- lowing requirements and limitations arms for the taking of specimens of will apply: 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 [46 FR 47230, Sept. 25, 1981] must be two persons in the boat at all times, with one person not operating § 27.43 Weapons other than firearms. the boat, acting as an observer of the The use or possession of cross bows, skier in tow. bows and arrows, air guns, spears, gigs, (c) The direction of a tow boat when or other weapons on national wildlife circling will be counter clockwise. refuges is prohibited except as may be (d) Skiers must wear U.S. Coast authorized under the provision of this Guard approved ski belts, life jackets subchapter C. or buoyant vests. (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

175

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 27.52 50 CFR Ch. I (10–1–06 Edition)

is prohibited except by special permit or machinery or attempting to tamper unless otherwise permitted under this with, enter, or start any motor vehicle, subchapter C. boat, equipment or machinery on any (b) [Reserved] national wildlife refuge without proper authorization is prohibited. § 27.52 Introduction of plants and animals. Subpart G—Disturbing Violations: Plants and animals or their parts Light and Sound Equipment taken elsewhere shall not be intro- duced, liberated, or placed on any na- § 27.71 Motion or sound pictures. tional wildlife refuge except as author- The taking or filming of any motion ized. or sound pictures on a national wildlife refuge for subsequent commercial use Subpart F—Disturbing Violations: is prohibited except as may be author- Against Nonwildlife Property ized under the provisions of 43 CFR part 5. § 27.61 Destruction or removal of property. § 27.72 Audio equipment. The destruction, injury, defacement, The operation or use of audio devices disturbance, or the unauthorized re- including radios, recording and play- moval of any public property including back devices, loudspeakers, television 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 vicinity is prohibited. § 27.62 Search for and removal of objects 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, locating, 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- Personal Conduct vision of this subchapter C. (b) Permits are required for archeo- § 27.81 Alcoholic beverages. logical studies on national wildlife ref- Entering or remaining in any na- uges in accordance with the provisions tional wildlife refuge when under the of this subchapter C. influence of alcohol, to a degree that § 27.64 Prospecting and mining. may endanger oneself or other persons or property or unreasonably annoy per- Prospecting, locating, or filing min- sons in the vicinity, is prohibited. ing claims on national wildlife refuges is prohibited unless otherwise provided § 27.82 Possession and delivery of con- by law. See § 29.31 for provisions controlled 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 means a drug or other substance, or § 27.65 Tampering with vehicles and immediate precursor, included in equipment. 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

176

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00186 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 27.94

these schedules pursuant to the terms § 27.85 Gambling. of the Controlled Substance Act. Gambling in any form, or the oper- (2) The term practitioner means a phy- ation of gambling devices, for money sician, dentist, veterinarian, scientific or otherwise, on any national wildlife investigator, pharmacist, or other per- refuge is prohibited. son licensed, registered, or otherwise permitted by the United States or the § 27.86 Begging. jurisdiction in which he practices to Begging on any national wildlife ref- distribute or possess a controlled sub- uge is prohibited. Soliciting of funds stance in the course of professional for the support or assistance of any practice. cause or organization is also prohibited (3) The term delivery means the ac- unless properly authorized. tual, attempted or constructive transfer and/or distribution of a controlled substance, whether or not there exists Subpart I—Other Disturbing an agency relationship. Violations (b) Offenses. (1) The delivery of any § 27.91 Field trials. controlled substance on a national wildlife refuge is prohibited, except The conducting or operation of field that distributed by a practitioner in trials for dogs on national wildlife ref- accordance with applicable law. uges is prohibited except as may be au- (2) The possession of a controlled sub- thorized by special permit. stance on a national wildlife refuge is § 27.92 Private structures. prohibited unless such substance was obtained by the possessor directly, or No person shall without proper au- pursuant to a valid prescription or thority construct, install, occupy, or order, from a practitioner acting in the maintain any building, log boom, pier, course of his professional practice, or dock, fence, wall, pile, anchorage, or except as otherwise authorized by ap- other structure or obstruction in any plicable law. national wildlife refuge. (3) Presence in a national wildlife ref- § 27.93 Abandonment of property. uge when under the influence of a controlled substance to a degree that may Abandoning, discarding, or otherwise endanger oneself, or another person, or leaving any personal property in any property, or may cause unreasonable national wildlife refuge is prohibited. interference with another person’s en- § 27.94 Disposal of waste. joyment of a national wildlife refuge is prohibited. (a) The littering, disposing, or dumping in any manner of garbage, refuse § 27.83 Indecency and disorderly con- sewage, sludge, earth, rocks, or other duct. debris on any national wildlife refuge Any act of indecency or disorderly except at points or locations des- conduct as defined by State or local ignated by the refuge manager, or the laws is prohibited on any national draining or dumping of oil, acids, pes- wildlife refuge. ticide wastes, poisons, or any other types of chemical wastes in, or other- § 27.84 Interference with persons en- wise polluting any waters, water holes, gaged in authorized activities. streams or other areas within any national 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.

177

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 27.95 50 CFR Ch. I (10–1–06 Edition)

§ 27.95 Fires. Subpart D—Impoundment Procedures On all national wildlife refuges per- 28.41 Impoundment of abandoned property. sons are prohibited from the following: 28.42 Impounding of domestic animals. (a) Setting on fire or causing to be 28.43 Destruction of dogs and cats. set on fire any timber, brush, grass, or AUTHORITY: Sec. 2, 33 Stat. 614, as amended other inflammable material including (16 U.S.C. 685); sec. 5, 43 Stat. 651 (16 U.S.C. camp or cooking fires, except as au- 725); sec. 5, 45 Stat. 449 (16 U.S.C. 690d); sec. thorized by the refuge manager or at 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48 locations designated for that purpose Stat. 1270 (43 U.S.C. 315a); sec. 4, 76 Stat. 654 or as provided for under § 26.33(c) of this (16 U.S.C. 460k); sec. 4, 80 Stat. 927 (16 U.S.C. subchapter C. 668dd) (5 U.S.C. 301). (b) Leaving a fire unattended or not SOURCE: 41 FR 9171, Mar. 3, 1976, unless oth- completely extinguished; erwise noted. (c) Throwing a burning cigarette, match, or other lighted substance from Subpart A—Introduction any moving conveyance or throwing of same in any place where it may start a § 28.11 Purpose of regulations. fire; and The regulations in this part govern (d) Smoking on any lands, including the enforcement, penalty and proce- roads, or in any buildings which have dural requirements for violations of been designated and/or posted with no parts 25, 26, and 27. smoking signs. Subpart B—Enforcement Authority § 27.96 Advertising. Except as may be authorized, post- § 28.21 General provisions. ing, distributing, or otherwise dis- Refuge managers and other author- playing private or public notices, ad- ized personnel are authorized pursuant vertisements, announcements, or dis- to authority delegated from the Sec- plays of any kind in any national wild- retary and which has been published in life refuge, other than business des- the FEDERAL REGISTER (Administrative ignations on private vehicles or boats Manual 4 AM 4.2) to protect fish and is prohibited. wildlife and their habitat and prevent their disturbance, to protect Service § 27.97 Private operations. lands, property, facilities, or interests Soliciting business or conducting a therein and to insure the safety of the commercial enterprise on any national using public to the fullest degree pos- wildlife refuge is prohibited except as sible. The control of recreational use may be authorized by special permit. will be enforced to meet these purposes pursuant to Federal, State, and local laws and regulations: The provisions of PART 28—ENFORCEMENT, PENALTY, this subchapter C and any special regu- AND PROCEDURAL REQUIRE- lations issued pursuant thereto; and MENTS FOR VIOLATIONS OF the prohibitions and restrictions as PARTS 25, 26, AND 27 posted. [41 FR 9171, Mar. 3, 1976, as amended at 44 FR Subpart A—Introduction 42976, July 23, 1979; 51 FR 7575, Mar. 5, 1986] Sec. 28.11 Purpose of regulations. Subpart C—Penalty Provisions

Subpart B—Enforcement Authority § 28.31 General penalty provisions. (a) Any person who violates any of 28.21 General provisions. the provisions, rules, regulations, posted signs, or special regulations of this Subpart C—Penalty Provisions subchapter C, or any items, conditions 28.31 General penalty provisions. or restrictions in a permit, license, 28.32 Penalty provisions concerning fires grant, privilege, or any other limita- and timber. tion established under the subchapter

178

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 28.42

C shall be subject to the penalty provi- disposal and storage costs and similar sions of this section. expenses, upon sufficient proof of own- (b) Failure of any person, utilizing ership. the resources of any national wildlife refuge or enjoying any privilege of use § 28.42 Impounding of domestic ani- thereon for any purpose whatsoever, to mals. comply with any of the provisions, con- (a) Any animal trespassing on the ditions, restrictions, or requirements lands of any national wildlife refuge of this subchapter C or to comply with may be impounded and disposed of in any applicable provisions of Federal or accordance with State statutes insofar State law may render such person lia- as they may be applicable. In the ab- ble to: sence of such State statutes, the ani- (1) The penalties as prescribed by mals shall be disposed of in accordance law. (Sec. 4, 76 Stat. 654, 16 U.S.C. 460k– with this section. 3; Sec. 4, 80 Stat. 927, as amended, 16 (b) If the owner is known, prompt U.S.C. 668dd(e); Sec. 7, 60 Stat. 1080, 16 written notice of the impounding will U.S.C. 666a; Sec. 6, 40 Stat. 756, as be served in person with written re- amended, 16 U.S.C. 707; Sec. 7, 48 Stat. ceipt obtained or delivery by certified 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 614, mail with return receipt requested. In as amended, 18 U.S.C. 41.) the event of his failure to remove the (2) [Reserved] impounded animal within five (5) days from receipt of such notice, it will be § 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

179

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 28.43 50 CFR Ch. I (10–1–06 Edition)

and destroyed or converted to the use 29.21–8 Electric power transmission line of the United States. Upon the sale of rights-of-way. any animal in accordance with this 29.21–9 Rights-of-way for pipelines for the section, the buyer shall be issued a cer- transportation of oil, natural gas, syn- tificate of sale. thetic liquid or gaseous fuels, or any re- (g) In determining the claim of the fined product produced therefrom. Federal Government in all livestock 29.22 Hearing and appeals procedures. trespass cases on national wildlife ref- Subpart C—Mineral Operations uges, the value of forage consumed shall be computed at the commercial 29.31 Mineral ownerships in the United unit rate prevailing in the locality for States. that class of livestock. In addition, the 29.32 Mineral rights reserved and excepted. claim shall include damages to na- AUTHORITY: Sec. 2, 33 Stat. 614, as amended, tional wildlife refuge property injured sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, or destroyed, and all the related ex- 1224, secs. 4, 2, 48 Stat. 402, as amended, 1270, penses incurred in the impounding, car- sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C. ing for and disposing of the animal. 668dd, 685, 725, 690d, 715i, 664, 43 U.S.C. 315a, 16 The salary of Service employees for the U.S.C. 460k; 80 Stat. 926. time spent in and about the investiga- SOURCE: 31 FR 16026, Dec. 15, 1966, unless tions, reports, and settlement or pros- otherwise noted. ecution of the case shall be prorated in computing the expense. Payment of 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 May we allow economic uses on and Wildlife Service. national wildlife refuges? We may only authorize public or pri- § 28.43 Destruction of dogs and cats. vate economic use of the natural re- Dogs and cats running at large on a sources of any national wildlife refuge, national wildlife refuge and observed in accordance with 16 U.S.C. 715s, by an authorized official in the act of where we determine that the use con- killing, injuring, harassing or molest- tributes to the achievement of the na- ing humans or wildlife may be disposed tional wildlife refuge purposes or the of in the interest of public safety and National Wildlife Refuge System mis- protection of the wildlife. sion. We may authorize economic use by appropriate permit only when we PART 29—LAND USE MANAGEMENT have determined the use on a national wildlife refuge to be compatible. Per- Subpart A—General Rules sons exercising economic privileges on national wildlife refuges will be subject Sec. 29.1 May we allow economic uses on na- to the applicable provisions of this sub- tional wildlife refuges? chapter and of other applicable laws 29.2 Cooperative land management. and regulations governing national 29.3–29.4 [Reserved] wildlife refuges. Permits for economic 29.5 Fees. use will contain such terms and conditions that we determine to be nec- Subpart B—Rights-of-Way General essary for the proper administration of Regulations the resources. Economic use in this 29.21 What do these terms mean? section includes but is not limited to 29.21–1 Purpose and scope. grazing livestock, harvesting hay and 29.21–2 Application procedures. stock feed, removing timber, firewood 29.21–3 Nature of interest granted. or other natural products of the soil, 29.21–4 Terms and conditions. 29.21–5 Construction. removing shell, sand or gravel, culti- 29.21–6 Disposal, transfer or termination of vating areas, or engaging in operations interest. that facilitate approved programs on 29.21–7 What payment do we require for use national wildlife refuges. and occupancy of national wildlife refuge lands? [65 FR 62483, Oct. 18, 2000]

180

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 29.21–1

§ 29.2 Cooperative land management. Other lands means all other lands, or interests therein, and waters adminis- Cooperative agreements with persons tered by the Secretary through the for crop cultivation, haying, grazing, U.S. Fish and Wildlife Service which or the harvest of vegetative products, are not included in National Wildlife including plantlife, growing with or Refuge System lands, e.g., administra- without cultivation on wildlife refuge tive sites, research stations, fish hatch- areas may be executed on a share-in- eries, and fishery research stations. kind basis when such agreements are in Project Manager means the officer in aid of or benefit to the wildlife man- charge of the land under administra- agement of the area. tion by the U.S. Fish and Wildlife Serv- §§ 29.3–29.4 [Reserved] ice. [34 FR 19907, Dec. 19, 1969, as amended at 39 § 29.5 Fees. FR 5490, Feb. 13, 1974; 42 FR 43917, Aug. 31, Fees and charges for the grant of 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, privileges on wildlife refuge areas and July 11, 1983; 51 FR 7575, Mar. 5, 1986; 65 FR 62483, Oct. 18, 2000] for the sale of products taken therefrom, where not otherwise prescribed § 29.21–1 Purpose and scope. by law or regulation, shall be set at a rate commensurate with fees and The regulations in this subpart pre- charges for similar privileges and prod- scribe the procedures for filing applica- ucts made by private land owners in tions and the terms and conditions the vicinity or in accordance with their under which rights-of-way over and local value. Fees or rates of charge for across the lands administered by the products and privileges may be based U.S. Fish and Wildlife Service may be either on a monetary exchange or on a granted. share in kind of the resource or prod- (a) National Wildlife Refuge System uct. lands. Applications for all forms of rights-of-way on or over such lands shall be submitted under authority of Subpart B—Rights-of-Way General Pub. L. 89–669, (80 Stat. 926; 16 U.S.C. Regulations 668dd) as amended, or for oil and gas pipelines under section 28 of the Min- § 29.21 What do these terms mean? eral Leasing Act of 1920 (41 Stat. 449; 30 Compatible use means a proposed or U.S.C. 185) as amended by Pub. L. 93– existing wildlife-dependent rec- 153, following application procedures reational use or any other use of a na- set out in § 29.21–2. No right-of-way will tional wildlife refuge that, based on be approved unless it is determined by sound professional judgment, will not the Regional Director to be compat- materially interfere with or detract ible. See § 29.21–8 for additional require- from the fulfillment of the National ments applicable to rights-of-way for Wildlife Refuge System mission or the electric power transmission lines and purposes of the national wildlife ref- § 29.21–9 for additional requirements ap- uge. The term ‘‘inconsistent’’ in sec- plicable to rights-of-way for pipelines tion 28(b)(1) of the Mineral Leasing Act for the transportation of oil, natural of 1920 (30 U.S.C. 185) means a use that gas, synthetic liquid or gaseous fuels, is not compatible. or any refined product produced there- Department means U.S. Department from. of the Interior unless otherwise speci- (b) National Wildlife Refuge System fied. lands—easement interest. Applications National Wildlife Refuge System land for all forms of rights-of-way across means lands and waters, or interests lands in which the United States owns therein, administered by the Secretary only an easement interest may be sub- as wildlife refuges, areas for the pro- mitted to the Regional Director in let- tection and conservation of fish and ter form. No map exhibit is required, wildlife that are threatened with ex- however, the affected land should be tinction, wildlife ranges, game ranges, described in the letter or shown on a wildlife management areas, or water- map sketch. If the requested right-of- fowl production areas. way will not adversely affect the

181

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 29.21–2 50 CFR Ch. I (10–1–06 Edition)

United States’ interest, the Regional way, easements or permits under sec- Director may issue a letter stating tion 28 of the Mineral Leasing Act of that the interest of the United States 1920, as amended by Pub. L. 93–153, or to the right-of-way easement would not (B) Federal Government agencies. be affected provided there would be no (ii) Application fees will be in accord- objection to a right-of-way by the fee ance with the following schedule: owner. If the interest of the United (A) For linear facilities (e.g., States will be affected, application for powerlines, pipelines, roads, etc.). the right-of-way must be submitted in accordance with procedures set out in Length Payment § 29.21–2. Less than 5 miles ...... $50 per mile or fraction thereof. (c) Other lands outside the National 5 to 20 miles ...... $500. 20 miles and over ...... $500 for each 20 miles or fraction Wildlife Refuge System. Rights-of-way thereof. on or over other lands will be granted in accordance with controlling authori- (B) For nonlinear facilities, $250 for ties cited in 43 CFR part 2800, or for oil each 40 acres or fraction thereof. and gas pipelines under section 28 of (C) Where an application includes the Mineral Leasing Act of 1920 (41 both linear and nonlinear facilities, Stat. 449; 30 U.S.C. 185) as amended by payment will be the aggregate of Pub. L. 93–153. See § 29.21–8 for addi- amounts under paragraphs (a)(2)(ii)(A) tional requirements applicable to and (B) of this section. rights-of-way for electric power trans- (D) When an application is received, mission lines and § 29.21–9 for addi- the Regional Director will estimate the tional requirements applicable to costs expected to be incurred in proc- rights-of-way for pipelines for the essing the application. If the estimated transportation of oil, natural gas, syn- costs exceed the payments under para- thetic liquid or gaseous fuels, or any graph (a)(2)(ii) (A), (B), or (C) of this other refined product produced there- section by an amount greater than the from. Applications will be submitted in cost of maintaining actual cost accordance with procedures set out in records, the Regional Director shall re- § 29.21–2. 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 costs of the United States in processing § 29.21–2 Application procedures. 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,

182

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 29.21–2

maintenance, and termination of pact of the proposed use of the environ- facillities within or adjacent to the ment including the impact on air and easement or permit area. No reim- water quality; scenic and esthetic fea- bursement of monitoring costs will be tures; historic, architectural, archeo- required of (A) State or local govern- logical, and cultural features; wildlife, ments or agencies or instrumentalities fish and marine life, etc. The analysis 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 seq.) an easement or permit the holder must and comply with the requirements of submit a nonreturnable payment in ac- the National Historic Preservation Act cordance with the following: of 1966 (16 U.S.C. 470 et seq.), the Ar- (A) For linear facilities e.g., cheological and Historic Preservation powerlines, pipelines, roads, etc.). Act of 1974 (16 U.S.C. 469 et seq.), Execu- tive Order 11593 ‘‘Protection and En- Length Payment hancement 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. ‘‘Procedures for the Protection of His- 20 miles and over ...... $200 for each 20 miles or fraction toric and Cultural Properties’’ (36 CFR, thereof. 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 Service project land together with of this section by an amount which is courses and distances of the centerline. greater than the cost of maintaining The width of the right-of-way on each actual cost records for the monitoring side of the centerline together with the process, the Regional Director shall re- acreage included within the right-of- quire the holder to make periodic pay- way or site must also be shown. If the ments of the estimated reimbursable right-of-way or site is located wholly costs prior to the incurrence of such within Service project land, a tie to a costs by the United States. Overpay- Government corner or prominent cul- ments may be refunded or adjusted by tural feature which can be readily rec- the Regional Director as appropriate. ognized and recovered should be shown. (E) Following the termination of an (c) Regional or Area Director’s Address- easement or permit, the former holder es. (1) For the States of California, Ha- will be required to pay additional waii, Idaho, Nevada, Oregon and Wash- amounts to the extent the actual costs ington: to the United States have exceeded the payments required by paragraphs Regional Director, U.S. Fish and Wildlife (a)(3)(ii)(A), (B), and (C) of this section. Service, Lloyd 500 Building, Suite 1692, 500 (4) All applications filed pursuant to NE. Multnomah Street, Portland Oregon this subpart must include a detailed 97232. environmental analysis which shall in- (2) For the States of Arizona, New clude information concerning the im- Mexico, Oklahoma, and Texas:

183

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 29.21–3 50 CFR Ch. I (10–1–06 Edition)

Regional Director, U.S. Fish and Wildlife uid or gaseous fuels, or any refined Service, 500 Gold Avenue, P.O. Box 1306, Al- product produced therefrom, the grant buquerque, New Mexico 87103. may be for a term not to exceed 30 (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 Vermont, Virginia, and West Virginia: or public safety. (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, Newton Corner, Massachusetts 03158. any right whatever to remove any material, 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 Regional Director, U.S. Fish and Wildlife project may be used elsewhere along Service, P.O. Box 25486, Denver Federal the same right-of-way in the construc- Center, Denver, Colorado 80225. tion of the same project. (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, Alaska 99503. § 29.21–4 Terms and conditions. [31 FR 16026, Dec. 15, 1966, as amended at 42 (a) Any right-of-way easement or per- FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, mit granted will be subject to out- 1979; 48 FR 31655, July 11, 1983] standing rights, if any, in third parties. (b) An applicant, by accepting an § 29.21–3 Nature of interest granted. easement or permit agrees to such (a) Where the land administered by terms and conditions as may be pre- the Secretary is owned in fee by the scribed by the Regional Director in the United States and the right-of-way is granting document. Such terms and compatible with the objectives of the conditions shall include the following, area, permit or easement may be ap- unless waived in part by the Regional proved and granted by the Regional Di- Director, and may include additional rector. Generally an easement or per- special stipulations at his discretion. mit will be issued for a term of 50 years See § 29.21–8 for special requirements or so long as it is used for the purpose for electric powerlines and § 29.21–9 for granted, or for a lesser term when con- special requirements for oil and gas sidered appropriate. For rights-of-way pipelines. granted under authority of section 28 (1) To comply with State and Federal of the Mineral Leasing Act of 1920, as laws applicable to the project within amended, for pipelines for the transpor- which the easement or permit is grant- tation of oil, natural gas, synthetic liq- ed, and to the lands which are included

184

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 29.21–4

in the right-of-way, and lawful existing ed hereunder to a State or other gov- regulations thereunder. ernmental agency which has no legal (2) To clear and keep clear the lands power to assume such a liability with within the easement or permit area to respect to damages caused by it to 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 instructions 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 project manager in charge may re- merchantable timber, if any, which quest. will be cut, removed, or destroyed in (5) To do everything reasonably with- the construction and maintenance of in his power, both independently and the project, and to pay the United on request of any duly authorized rep- States in advance of construction such resentative of the United States, to sum of money as the project manager prevent and suppress fires on or near, may determine to be the full stumpage lands to be occupied under the ease- value of the timber to be so cut, re- ment or permit area, including making moved, or destroyed. available such construction and main- (9) That all or any part of the ease- tenance forces as may be reasonably ment or permit granted may be termi- obtainable for the suppression of such nated by the Regional Director, for fires. failure to comply with any or all of the (6) To rebuild and repair such roads, terms or conditions of the grant, or for fences, structures, and trails as may be abandonment. A rebuttable presump- destroyed or injured by construction tion of abandonment is raised by delib- work and upon request by the Regional erate failure of the holder to use for Director, to build and maintain nec- any continuous 2-year period the ease- essary and suitable crossings for all ment or permit for the purpose for roads and trails that intersect the which it was granted or renewed. In the works constructed, maintained, or op- event of noncompliance of abandon- erated under the right-of-way. ment, the Regional Director will notify (7) To pay the United States the full in writing the holder of the easement value for all damages to the lands or or permit of his intention to suspend or other property of the United States terminate such grant 60 days from the caused by him or by his employees, date of the notice, stating the reasons contractors, or employees of the con- therefor, unless prior to that time the tractors, and to indemnify the United holder completes such corrective ac- States against any liability for dam- tions as are specified in the notice. The ages to life, person or property arising Regional Director may grant an exten- from the occupancy or use of the lands sion of time within which to complete under the easement or permit, except corrective actions when, in his judg- where the easement or permit is grant- ment, extenuating circumstances not

185

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 29.21–5 50 CFR Ch. I (10–1–06 Edition)

within the holder’s control such as ad- interfere with the full and safe utiliza- verse weather conditions, disturbance tion thereof by the holder. The holder to wildlife during breeding periods or of an easement or permit also agrees periods of peak concentration, or other that authorized representatives of the compelling reasons warrant. Should United States shall have the right of 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 nation. 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 express 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

186

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 29.21–8

and taken to be subject to such right- such requirement impracticable or un- of-way unless it has been specifically necessary. canceled. (b) When annual rental payments are (b) Transfer of easement or permit. Any used, such rates shall be reviewed by proposed transfer, by assignment, the Regional Director at any time not lease, operating agreement or other- less than 5 years after the grant of the wise, of an easement or permit must be permit, right-of-way, or easement or filed in triplicate with the Regional Di- the last revision of charges thereunder, rector and must be supported by a stip- The Regional Director will furnish a ulation that the transferee agrees to notice in writing to the holder of an comply with and be bound by the terms easement or permit of intent to impose and conditions of the original grant. A new charges to reflect fair market $25 nonreturnable service fee must ac- value commencing with the ensuing company the proposal. No transfer will charge year. The revised charges will be recognized unless and until approved be effective unless the holder files an in writing by the Regional Director. appeal in accordance with § 29.22. (c) Disposal of property on termination of right-of-way. In the absence of any [42 FR 43919, Aug. 31, 1977, as amended at 65 FR 62483, Oct. 18, 2000] agreement to the contrary, the holder of the right-of-way will be allowed 6 § 29.21–8 Electric power transmission months after termination to remove all line rights-of-way. property or improvements other than a road and useable improvements to a By accepting a right-of-way for a road, placed thereon by him; otherwise, power transmission line, the applicant all such property and improvements thereby agrees and consents to comply shall become the property of the with and be bound by the following United States. Extensions of time may terms and conditions, except those be granted at the discretion of the Re- which the Secretary may waive in a gional Director. particular case, in addition to those specified in § 29.21–4(b). [31 FR 16026, Dec. 15, 1966, as amended at 42 (a) To protect in a workmanlike FR 43919, Aug. 31, 1977] manner, at crossings and at places in proximity to his transmission lines on § 29.21–7 What payment do we require the right-of-way authorized, in accord- for use and occupancy of national wildlife refuge lands? ance with the rules prescribed in the National Electric Safety Code, all Gov- (a) Payment for use and occupancy of ernment and other telephone, tele- lands under the regulations of this sub- graph and power transmission lines part will be required and will be for fair from contact and all highways and rail- market value as determined by ap- roads from obstruction and to main- praisal by the Regional Director. At tain his transmission lines in such the discretion of the Regional Director, manner as not to menace life or prop- the payment may be a lump sum pay- erty. ment or an annual fair market rental (b) Neither the privilege nor the right payment, to be made in advance. If any to occupy or use the lands for the pur- Federal, State or local agency is expose authorized shall relieve him of empted from such payment by and any any legal liability for causing induc- other provision of Federal law, such tive or conductive interference be- agency shall otherwise compensate the tween any project transmission line or Service by any other means agreeable other project works constructed, oper- to the Regional Director, including, ated, or maintained by him on the ser- but not limited to, making other land vient lands, and any radio installation, available or the loan of equipment or telephone line, or other communica- personnel, except that any such com- tion facilities now or hereafter con- pensation shall relate to, and be constructed and operated by the United sistent with the objectives of the Na- tional Wildlife Refuge System. The Re- States or any agency thereof. gional Director may waive such re- [42 FR 43919, Aug. 31, 1977, as amended at 48 quirement for compensation if he finds FR 31655, July 11, 1983]

187

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 29.21–9 50 CFR Ch. I (10–1–06 Edition)

§ 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 proof 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, environmental information required by operate, maintain and terminate the § 29.21–2(a)(4) of this subpart. If the Re- facility. At the discretion of the Re- gional Director determines that a pro- gional Director, a financial statement posed project will have a significant af- may be required. fect on the environment, there must (e) Reimbursement of costs. In accord- also be furnished a plan of construc- ance with § 29.21–2(a)(3) of this subpart, tion, operations, and rehabilitation of the holder of a right-of-way or permit the proposed facilities. In addition to must reimburse the Service for the terms and conditions imposed under cost incurred in monitoring the con- § 29.21–4, the Regional director will im- struction, operation, maintenance, and

188

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 29.21–9

termination of any pipeline or related cept, convey, transport, or purchase facilities as determined by the Re- without discrimination all oil or gas gional Director. delivered to the pipeline without re- (f) Public hearing. The Regional Di- gard to whether such oil or gas was rector shall give notice to Federal, produced on Federal or non-Federal State, and local government agencies, lands. and the public, and afford them the op- (ii) In the case of oil or gas produced portunity to comment on right-of-way from Federal lands or from the re- applications under this section. A no- sources on the Federal lands in the vi- tice will be published in the FEDERAL cinity of the pipelines, the Secretary REGISTER and a public hearing may be may, after a full hearing with due no- held where appropriate. 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 tice to the holder and an opportunity otherwise increasing the pipeline or to comment. terminal’s throughput capacity in re- (j) Common carriers. (1) Pipelines and sponse to actual or anticipated in- related facilities used for the transpor- creases in demand; (ii) conditions for tation of oil, natural gas, synthetic liq- adding or abandoning intake, offtake, uid or gaseous fuels, or any refined or storage points or facilities; and (iii) product produced therefrom shall be minimum shipment or purchase constructed, operated, and maintained tenders. as common carriers. (k) Limitations on export. Any domes- (2)(i) The owners or operators of pipe- tically produced crude oil transported lines subject to this subpart shall ac- by pipeline over rights-of-way granted

189

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 29.22 50 CFR Ch. I (10–1–06 Edition)

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 efficiency of transportation with per- [31 FR 16026, Dec. 15, 1966, as amended at 44 sons or the government of an adjacent FR 42976, July 23, 1979] foreign state, or which is temporarily § 29.32 Mineral rights reserved and ex- exported for convenience or increased cepted. efficiency of transportation across parts of an adjacent foreign state and Persons holding mineral rights in reenters the United States, shall be wildlife refuge lands by reservation in subject to all of the limitation and li- the conveyance to the United States censing requirements of the Export Ad- and persons holding mineral rights in ministration Act of 1969. such lands which rights vested prior to (l) State standards. The Regional Di- the acquisition of the lands by the rector shall take into consideration, United States shall, to the greatest ex- and to the extent practical comply tent practicable, conduct all explo- with, applicable State standards for ration, development, and production right-of-way construction, operation, operations in such a manner as to pre- and maintenance. vent damage, erosion, pollution, or (m) Congressional notification. The contamination to the lands, waters, fa- Secretary shall notify the House and cilities and vegetation of the area. So Senate Committees on Interior and In- far as is practicable, such operations sular Affairs promptly upon receipt of must also be conducted without inter- an application for a right-of-way for ference with the operation of the ref- pipeline 24 inches or more in diameter, uge or disturbance to the wildlife and no right-of-way for such a pipeline shall be granted until 60 days (not in- thereon. Physical occupancy of the cluding days on which the House or area must be kept to the minimum Senate has adjourned for more than space compatible with the conduct of three days) after a notice of intention efficient mineral operations. Persons to grant the right-of-way together with conducting mineral operations on ref- the Secretary’s detailed findings as to uge areas must comply with all appli- terms and conditions he proposes to cable Federal and State laws and regu- impose, has been submitted to the lations for the protection of wildlife Committees, unless each Committee by and the administration of the area. Oil resolution waives the waiting period. field brine, slag, and all other waste and contaminating substances must be [42 FR 43921, Aug. 31, 1977] kept in the smallest practicable area, § 29.22 Hearing and appeals proce- must be confined so as to prevent es- dures. cape as a result of rains and high water An appeal may be taken from any or otherwise, and must be removed final disposition of the Regional Direc- from the area as quickly as practicable tor to the Director, U.S. Fish and Wild- in such a manner as to prevent con- life Service, and, except in the case of tamination, pollution, damage, or in- a denial of a right-of-way application, jury to the lands, waters, facilities, or from the latter’s decision to the Sec- vegetation of the refuge or to wildlife. retary of the Interior. Appeals to the Structures and equipment must be re- Secretary shall be taken pursuant to 43 moved from the area when the need for CFR part 4, subpart G. them has ended. Upon the cessation of [44 FR 42976, July 23, 1979] operations the area shall be restored as nearly as possible to its condition prior Subpart C—Mineral Operations to the commencement of operations. Nothing in this section shall be applied § 29.31 Mineral ownerships in the so as to contravene or nullify rights United States. vested in holders of mineral interests Where mineral rights to lands in on refuge lands. wildlife refuge areas are vested in the

190

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 31.2

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 institutions, 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 reindeer, dogs, and cats, without own- shall be determined by population cen- ership that have reverted to the wild sus, habitat evaluation, and other from a domestic state may be taken by means of ecological study. authorized Federal or State personnel or by private persons operating under § 31.2 Methods of surplus wildlife pop- permit in accordance with applicable ulation control and disposal. provisions of Federal or State law or Upon a determination that wildlife regulation. are surplus to a balanced conservation

191

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 31.11 50 CFR Ch. I (10–1–06 Edition)

program on any wildlife refuge area, taken or destroyed by Federal per- the surplus may be reduced or utilized sonnel. in accordance with Federal and State law and regulation by: § 31.15 Public hunting and fishing pro- (a) Donation or loan to public agen- grams. cies and institutions. The privilege of hunting and fishing (b) Sale to public or private agencies may be extended to the general public and institutions. under the provisions of regulations (c) Commercial harvest of fishery re- cited in parts 32 and 33 of this sub- sources. chapter. (d) Official wildlife control operations. § 31.16 Trapping program. (e) Public hunting or fishing. (f) Trapping. Except as hereafter noted, persons trapping animals on wildlife refuge areas where trapping has been author- Subpart B—Terms and Conditions ized shall secure and comply with the of Wildlife Reduction and Disposal provisions of a Federal permit issued § 31.11 Donation and loan of wildlife for that purpose. This permit shall specimens. specify the terms and conditions of trapping activity and the rates of Wildlife specimens may be donated or charge or division of pelts, hides, and loaned to public institutions for spe- carcasses. Lands acquired as ‘‘water- cific purposes. Donation or loans of fowl production areas’’ shall be open to resident species of wildlife will not be public trapping without Federal permit made unless the recipient has secured provided that trapping on all or part of the approval of the State. individual areas may be temporarily [38 FR 16356, June 22, 1973] suspended by posting upon occasions of unusual or critical conditions affecting § 31.12 Sale of wildlife specimens. land, water, vegetation, or wildlife pop- Surplus wildlife specimens may be ulations. Each person trapping on any sold alive or butchered, dressed and wildlife refuge area shall possess the processed subject to Federal and State required State license or permit and laws and regulations and the provisions shall comply with the provisions of of this part. State laws and regulations. § 31.13 Do we allow commercial har- [36 FR 17998, Sept. 8, 1971] vest of fishery resources? Refuge managers may allow commer- § 31.17 Disposal of furs and pelts. cial harvest of fishery resources by The disposition of animals and the issuance of a permit or by refuge-spe- pelts or carcasses thereof accruing to cific regulation in compliance with ap- the United States through the trapping plicable State and Federal laws when programs shall be sold by public auc- compatible and in compliance with tion or on the open market unless re- § 29.1 of this subchapter C. quired for official purposes. [69 FR 54362, Sept. 8, 2004] PART 32—HUNTING AND FISHING § 31.14 Official animal control operations. Subpart A—General Provisions (a) Animal species which are surplus or detrimental to the management pro- Sec. gram of a wildlife refuge area may be 32.1 Opening of wildlife refuge areas to hunting. taken in accordance with Federal and 32.2 What are the requirements for hunting State laws and regulations by Federal on areas of the National Wildlife Refuge or State personnel or by permit issued System? to private individuals. 32.3 What are the procedures for publication (b) Animal species which are dam- of refuge-specific hunting regulations? aging or destroying Federal property 32.4 Opening of wildlife refuge areas to fish- within a wildlife refuge area may be ing.

192

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.2

32.5 What are the requirements for AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664, sportfishing on areas of the National 668dd–668ee, and 715i. Wildlife Refuge System? 32.6 What are the procedures for publication SOURCE: 58 FR 5064, Jan. 19, 1993, unless of refuge-specific sport fishing regula- otherwise noted. tions? 32.7 What refuge units are open to hunting Subpart A—General Provisions and/or sport fishing? 32.8 Areas closed to hunting. § 32.1 Opening of wildlife refuge areas to hunting. Subpart B—Refuge-Specific Regulations for Hunting and Fishing The opening of a wildlife refuge area to hunting will be dependent upon the 32.20 Alabama. provisions of law applicable to the area 32.21 Alaska. 32.22 Arizona. and upon a determination by the Sec- 32.23 Arkansas. retary that the opening of the area to 32.24 California. the hunting of migratory game birds, 32.25 Colorado. upland game, or big game will be com- 32.26 Connecticut. patible with the principles of sound 32.27 Delaware. 32.28 Florida. wildlife management and will other- 32.29 Georgia. wise be in the public interest. The 32.30 Hawaii. opening or closing of wildlife refuge 32.31 Idaho. areas to hunting shall be in accordance 32.32 Illinois. with the rulemaking requirements of 32.33 Indiana. the Administrative Procedure Act (5 32.34 Iowa. 32.35 Kansas. U.S.C. 553). Lands acquired pursuant to 32.36 Kentucky. the Act of May 18, 1948 (62 Stat. 238, 16 32.37 Louisiana. U.S.C. 695) will be opened to hunting 32.38 Maine. only after it has been determined that 32.39 Maryland. the major portion of the crops in the 32.40 Massachusetts. 32.41 Michigan. vicinity of the area involved have been 32.42 Minnesota. harvested, that the period of suscepti- 32.43 Mississippi. bility of such crops to wildfowl depre- 32.44 Missouri. dation has passed, or that the possi- 32.45 Montana. bility of these crops being damaged by 32.46 Nebraska. waterfowl is minor. Lands acquired as 32.47 Nevada. ‘‘waterfowl production areas’’ shall an- 32.48 New Hampshire. 32.49 New Jersey. nually be open to the hunting of migra- 32.50 New Mexico. tory game birds, upland game, and big 32.51 New York. game subject to the provisions of State 32.52 North Carolina. law and regulations and the pertinent 32.53 North Dakota. provisions of parts 25 through 31 of this 32.54 Ohio. subchapter: Provided, That all forms of 32.55 Oklahoma. 32.56 Oregon. hunting or entry on all or any part of 32.57 Pennsylvania. individual areas may be temporarily 32.58 Puerto Rico. [Reserved] suspended by posting upon occasions of 32.59 Rhode Island. unusual or critical conditions of, or af- 32.60 South Carolina. fecting land, water, vegetation, or 32.61 South Dakota. wildlife populations. 32.62 Tennessee. 32.63 Texas. 32.64 Utah. § 32.2 What are the requirements for 32.65 Vermont. hunting on areas of the National 32.66 Virginia. Wildlife Refuge System? 32.67 Washington. The following provisions shall apply 32.68 West Virginia. to each person while engaged in public 32.69 Wisconsin. hunting on areas of the National Wild- 32.70 Wyoming. 32.71 United States Unincorporated Pacific life Refuge System: Insular Possessions. (a) Each person shall secure and pos- 32.72 Guam. sess the required State license.

193

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.3 50 CFR Ch. I (10–1–06 Edition)

(b) Each person 16 years of age and cific regulations. Where we allow tur- older shall secure and possess a Migra- key and deer hunting, you may use tory Bird Hunting Stamp while hunt- slugs and shot containing lead to hunt ing migratory waterfowl. these species unless prohibited by ref- (c) Each person shall comply with the uge-specific regulations and/or State applicable provisions of Federal law law. and regulations including this sub- (l) The refuge-specific regulations chapter and the current Federal Migra- (§ 32.20 through § 32.72) may include the tory Bird Regulations. items discussed in § 32.3(b). Refuge per- (d) Each person shall comply with mits and brochures should also include the applicable provisions of the laws those items and any special conditions and regulations of the State wherein allowed by paragraph (f) of this sec- any area is located unless further re- tion. stricted by Federal law or regulation. [58 FR 5064, Jan. 19, 1993, as amended at 63 (e) Each person shall comply with the FR 46914, Sept. 3, 1998; 65 FR 30777, May 12, terms and conditions authorizing ac- 2000; 67 FR 58943, Sept. 18, 2002] cess or use of wildlife refuges, including the terms and conditions under § 32.3 What are the procedures for which hunting permits are issued. publication of refuge-specific hunt- (f) Each person must comply with the ing regulations? provisions of any refuge-specific regu- (a) Refuge-specific hunting regula- lations governing hunting on the wild- tions are issued only at the time of or life refuge area. Regulations, special after the determination and publica- conditions, and maps of the hunting tion of the opening of a wildlife refuge areas for a particular wildlife refuge area to migratory game bird, upland are available at that area’s head- game or big game hunting. quarters. In addition, refuge-specific (b) Refuge-specific hunting regula- hunting regulations for migratory tions may contain the following items: game bird, upland game, and big game (1) Wildlife species that may be hunt- hunting appear in §§ 32.20 through 32.72. ed; (g) The use of any drug on any arrow (2) Seasons; for bow hunting on national wildlife (3) Bag limits; refuges is prohibited. Archers may not (4) Methods of hunting; have arrows employing such drugs in (5) Description of areas open to hunt- their possession on any national wild- ing; or life refuge. (6) Other provisions as required. (h) The unauthorized distribution of (c) Refuge-specific hunting regula- bait and the hunting over bait is pro- tions will not liberalize existing State hibited on wildlife refuge areas. (Bait- laws or regulations. ing is authorized in accordance with (d) Refuge-specific hunting regula- State regulations on national wildlife tions are subject to change and the refuges in Alaska). public is invited to submit suggestions (i) The use of nails, wire, screws or and comments for consideration at any bolts to attach a stand to a tree, or time. hunting from a tree into which a metal (e) We initially publish refuge-spe- object has been driven to support a cific hunting regulations in the daily hunter is prohibited on wildlife refuge issue of the FEDERAL REGISTER, and areas. subsequently they appear in §§ 32.20 (j) The use or possession of alcoholic through 32.72, except that the refuge beverages while hunting is prohibited. manager may adopt and issue relevant (k) You may possess only approved refuge-specific season dates and times nontoxic shot while in the field, which after the State establishes its hunting we identify in 50 CFR 20.21(j), while on seasons by publication through one or Waterfowl Production Areas, or on cer- more of the methods identified in § 25.31 tain other areas of the National Wild- of this subchapter C. life Refuge System as delineated on (f) Refuge-specific hunting regula- maps, leaflets and/or signs, available at tions may be amended or new condi- each refuge headquarters or posted at tions imposed at any time during the each refuge, or as stated in refuge-spe- hunting season when unpredictable

194

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.7

changes occur in wildlife populations, access and use of the wildlife refuge habitat conditions or in other factors area. affecting a refuge’s wildlife resources. (e) Each person must comply with Changes in refuge-specific hunting reg- the provisions of any refuge-specific ulations made under the conditions regulation governing fishing on the noted in this paragraph (f) can be in wildlife refuge area. Regulations, spe- force only for the one season to which cial conditions, and maps of the fishing the changes apply. areas for a particular wildlife refuge are available at that area’s head- [58 FR 5064, Jan. 19, 1993, as amended at 67 quarters. In addition, refuge-specific FR 58943, Sept. 18, 2002] sport fishing regulations appear in §§ 32.20 through 32.72. § 32.4 Opening of wildlife refuge areas to fishing. [58 FR 5064, Jan. 19, 1993, as amended at 67 Wildlife refuge areas may be opened FR 58943, Sept. 18, 2002] to sport fishing only after a determina- § 32.6 What are the procedures for tion is made that this activity is com- publication of refuge-specific sport patible with the purposes for which the fishing regulations? refuge was established. In addition, the (a) Refuge-specific fishing regula- sport fishing program must be con- tions are issued only at the time of or sistent with principles of sound fishery after the opening of a wildlife refuge management and otherwise be in the area to sport fishing. public interest. The opening or closing (b) Refuge-specific fishing regula- of wildlife refuge areas to fishing is tions may contain the following items: subject to the rulemaking require- (1) Fish species that may be taken; ments of the Administrative Procedure (2) Seasons; Act (5 U.S.C. 551 et seq.). Lands ac- (3) Creel limits; quired as ‘‘waterfowl production areas’’ (4) Methods of fishing; are open to sport fishing subject to the (5) Description of areas open to fish- provisions of State laws and regula- ing; or tions and the pertinent provisions of (6) Other provisions as required. parts 25 through 31 of this subchapter: (c) Refuge-specific fishing regula- Provided, that fishing or entry on all or tions will not liberalize existing State any part of individual areas may be laws or regulations. temporarily suspended by posting upon (d) Refuge-specific fishing regula- occasions of unusual or critical conditions are subject to change and the tions of, or affecting, land, water, vege- public is invited to submit suggestions tation or fish and wildlife populations. and comments for consideration at any time. § 32.5 What are the requirements for (e) We initially publish refuge-spe- sportfishing on areas of the Na- cific sport fishing regulations in the tional Wildlife Refuge System? daily issue of the FEDERAL REGISTER, The following provisions shall apply and subsequently they appear in §§ 32.20 to each person while engaged in public through 32.72. sport fishing on a wildlife refuge area: (f) Refuge-specific fishing regulations (a) Each person shall secure and pos- may be amended as needed when unpre- sess the required State license. dictable changes occur in fish and wild- (b) Each person shall comply with life populations, habitat conditions or the applicable provisions of Federal in other factors affecting a refuge’s fish law and regulation including this sub- and wildlife resources. chapter. [58 FR 5064, Jan. 19, 1993, as amended at 67 (c) Each person shall comply with the FR 58943, Sept. 18, 2002] applicable provisions of the laws and regulations of the State wherein any § 32.7 What refuge units are open to area is located unless the same are fur- hunting and/or sport fishing? ther restricted by Federal law or regu- Refuge units open to hunting and/or lation. sport fishing in accordance with the (d) Each person shall comply with provisions of subpart A of this part and the terms and conditions authorizing §§ 32.20–32.72, inclusive, are as follows:

195

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.7 50 CFR Ch. I (10–1–06 Edition)

ALABAMA Sacramento River National Wildlife Refuge Salinas River National Wildlife Refuge Bon Secour National Wildlife Refuge San Luis National Wildlife Refuge Cahaba River National Wildlife Refuge Choctaw National Wildlife Refuge San Pablo National Wildlife Refuge Eufaula National Wildlife Refuge Sonny Bono Salton Sea National Wildlife Grand Bay National Wildlife Refuge Refuge Key Cave National Wildlife Refuge Stone Lakes National Wildlife Refuge Mountain Lonleaf National Wildlife Refuge Sutter National Wildlife Refuge Sauta Cave National Wildlife Refuge Tule Lake National Wildlife Refuge Wheeler National Wildlife Refuge COLORADO ALASKA Alamosa National Wildlife Refuge Alaska Maritime National Wildlife Refuge Arapaho National Wildlife Refuge Alaska Peninsula National Wildlife Refuge Browns Park National Wildlife Refuge Arctic National Wildlife Refuge Monte Vista National Wildlife Refuge Becharof National Wildlife Refuge Rocky Mountain Arsenal Innoko National Wildlife Refuge CONNECTICUT Izembek National Wildlife Refuge Kanuti National Wildlife Refuge Stewart B. McKinney National Wildlife Ref- Kenai National Wildlife Refuge uge Kodiak National Wildlife Refuge Koyukuk National Wildlife Refuge DELAWARE Nowitna National Wildlife Refuge Bombay Hook National Wildlife Refuge Salawik National Wildlife Refuge Prime Hook National Wildlife Refuge Tetlin National Wildlife Refuge Togiak National Wildlife Refuge FLORIDA Yukon Delta National Wildlife Refuge Yukon Flats National Wildlife Refuge Arthur R. Marshall Loxahatchee National Wildlife Refuge ARIZONA Cedar Keys National Wildlife Refuge Chassahowitzka National Wildlife Refuge Bill Williams River National Wildlife Refuge Egmont Key National Wildlife Refuge Buenos Aires National Wildlife Refuge Hobe Sound National Wildlife Refuge Cabeza Prieta National Wildlife Refuge J.N. ‘‘Ding’’ Darling National Wildlife Ref- Cibola National Wildlife Refuge uge Havasu National Wildlife Refuge Lake Woodruff National Wildlife Refuge Imperial National Wildlife Refuge Lower Suwannee National Wildlife Refuge Kofa National Wildlife Refuge Merrit Island National Wildlife Refuge San Bernardino National Wildlife Refuge Pelican Island National Wildlife Refuge ARKANSAS Pinellas National Wildlife Refuge St. Marks National Wildlife Refuge Bald Knob National Wildlife Refuge St. Vincent National Wildlife Refuge Big Lake National Wildlife Refuge Ten Thousand Islands National Wildlife Ref- Cache River National Wildlife Refuge uge Felsenthal National Wildlife Refuge Holla Bend National Wildlife Refuge GEORGIA Overflow National Wildlife Refuge Banks Lake National Wildlife Refuge Pond Creek National Wildlife Refuge Wapanocca National Wildlife Refuge Blackbeard Island National Wildlife Refuge White River National Wildlife Refuge Bond Swamp National Wildlife Refuge Eufaula National Wildlife Refuge CALIFORNIA Harris Neck National Wildlife Refuge Okefenokee National Wildlife Refuge Cibola National Wildlife Refuge Piedmont National Wildlife Refuge Clear Lake National Wildlife Refuge Savannah National Wildlife Refuge Colusa National Wildlife Refuge Wassaw National Wildlife Refuge Delevan National Wildlife Refuge Wolf Island National Wildlife Refuge Don Edwards San Francisco Bay National Wildlife Refuge GUAM Havasu National Wildlife Refuge Humboldt Bay National Wildlife Refuge Guam National Wildlife Refuge Imperial National Wildlife Refuge HAWAII Kern National Wildlife Refuge Lower Klamath National Wildlife Refuge Hakalau Forest National Wildlife Refuge Merced National Wildlife Refuge Hanalei National Wildlife Refuge Modoc National Wildlife Refuge Kakahaia National Wildlife Refuge Sacramento National Wildlife Refuge Kilauea Point National Wildlife Refuge

196

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.7

IDAHO Lacassine National Wildlife Refuge Lake Ophelia National Wildlife Refuge Bear Lake National Wildlife Refuge Mandalay National Wildlife Refuge Camas National Wildlife Refuge Red River National Wildlife Refuge Deer Flat National Wildlife Refuge Sabine National Wildlife Refuge Grays Lake National Wildlife Refuge Tensas River National Wildlife Refuge Kootenai National Wildlife Refuge Upper Ouachita National Wildlife Refuge Minidoka National Wildlife Refuge MAINE ILLINOIS Lake Umbagog National Wildlife Refuge Chautauqua National Wildlife Refuge Moosehorn National Wildlife Refuge Crab Orchard National Wildlife Refuge Petit Manan National Wildlife Refuge Cypress Creek National Wildlife Refuge Rachel Carson National Wildlife Refuge Emiquon National Wildlife Refuge Sunkhaze Meadows National Wildlife Refuge Great River National Wildlife Refuge Meredosia National Wildlife Refuge MARYLAND Middle Mississippi River National Wildlife Refuge Blackwater National Wildlife Refuge Port Louisa National Wildlife Refuge Eastern Neck National Wildlife Refuge Two Rivers Naional Wildlife Refuge Patuxent Research Refuge Upper Mississippi River Wildlife and Fish Refuge MASSACHUSETTS Assabet River National Wildlife Refuge INDIANA Great Meadows National Wildlife Refuge Big Oaks National Wildlife Refuge Monomoy National Wildlife Refuge Muscatatuck National Wildlife Refuge Nantucket National Wildlife Refuge Patoka River National Wildlife Refuge and Oxbow National Wildlife Refuge Management Area Parker River National Wildlife Refuge

IOWA MICHIGAN De Soto National Wildlife Refuge Harbor Island National Wildlife Refuge Driftless Area National Wildlife Refuge Kirtland’s Warbler Wildlife Management Neal Smith National Wildlife Refuge Area Northern Tallgrass Prairie National Wildlife Seney National Wildlife Refuge Refuge Shiawassee National Wildlife Refuge Port Louisa National Wildlife Refuge Union Slough National Wildlife Refuge MINNESOTA Upper Mississippi River Wild Life and Fish Agassiz National Wildlife Refuge Refuge Big Stone National Wildlife Refuge Big Stone Wetland Management District KANSAS Detroit Lakes Wetland Management District Flint Hills National Wildlife Refuge Fergus Falls Wetland Management District Kirwin National Wildlife Refuge Glacial Ridge National Wildlife Refuge Marais des Cygnes Natinal Wildlife Refuge Litchfield Wetland Management District Quivira National Wildlife Refuge Minnesota Valley National Wildlife Refuge Minnesota Valley Wetland Management KENTUCKY Morris Wetland Management District Clarks River National Wildlife Refuge Northern Tallgrass Prairie National Wildlife Ohio River Islands National Wildlife Refuge Refuge Reelfoot National Wildlife Refuge Rice Lake National Wildlife Refuge Rydell National Wildlife Refuge LOUISIANA Sherburne National Wildlife Refuge Atchafalaya National Wildlife Refuge Tamarac National Wildlife Refuge Bayou Cocodrie National Wildlife Refuge Upper Mississippi River Wild Life and Fish Bayou Sauvage National Wildlife Refuge Refuge Bayou Teche National Wildlife Refuge Windom Wetland Management District Big Branch Marsh National Wildlife Refuge MISSISSIPPI Black Bayou Lake National Wildlife Refuge Bogue Chitto National Wildlife Refuge Bogue Chitto National Wildlife Refuge Breton National Wildlife Refuge Coldwater National Wildlife Refuge Cameron Prairie National Wildlife Refuge Dahomey National Wildlife Refuge Cat Island National Wildlife Refuge Grand Bay National Wildlife Refuge Catahoula National Wildlife Refuge Hillside National Wildlife Refuge D’Arbonne National Wildlife Refuge Mathews Brake National Wildlife Refuge Delta National Wildlife Refuge Morgan Brake National Wildlife Refuge Grand Cote National Wildlife Refuge Noxubee National Wildlife Refuge

197

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.7 50 CFR Ch. I (10–1–06 Edition)

Panther Swamp National Wildlife Refuge Wallkill River National Wildlife Refuge St. Catherine Creek National Wildlife Refuge Tallahatchie National Wildlife Refuge NEW MEXICO Yazoo National Wildlife Refuge Bitter Lake National Wildlife Refuge Bosque del Apache National Wildlife Refuge MISSOURI Las Vegas National Wildlife Refuge Big Muddy National Wildlife Refuge Maxwell National Wildlife Refuge Clarence Cannon National Wildlife Refuge San Andres National Wildlife Refuge Great River National Wildlife Refuge Sevilleta National Wildlife Refuge Middle Mississippi River National Wildlife Refuge NEW YORK Mingo National Wildlife Refuge Amagansett National Wildlife Refuge Squaw Creek National Wildlife Refuge Elizabeth A. Morton National Wildlife Ref- Swan Lake National Wildlife Refuge uge Two Rivers National Wildlife Refuge Iroquois National Wildlife Refuge MONTANA Montezuma National Wildlife Refuge Oyster Bay National Wildlife Refuge Benton Lake National Wildlife Refuge Seatuck National Wildlife Refuge Black Coulee National Wildlife Refuge Target Rock National Wildlife Refuge Bowdoin National Wildlife Refuge Wertheim National Wildlife Refuge Charles M. Russell National Wildlife Refuge Creedman Coulee National Wildlife Refuge NORTH CAROLINA Hailstone National Wildlife Refuge Halfbreed Lake National Wildlife Refuge Alligator River National Wildlife Refuge Hewitt Lake National Wildlife Refuge Currituck National Wildlife Refuge Lake Mason National Wildlife Refuge Cedar Island National Wildlife Refuge Lake Thibadeau National Wildlife Refuge Great Dismal Swamp National Wildlife Ref- Lamesteer National Wildlife Refuge uge Lee Metcalf National Wildlife Refuge Mackay Island National Wildlife Refuge Lost Trail National Wildlife Refuge Mattamuskeet National Wildlife Refuge Medicine Lake National Wildlife Refuge Pea Island National Wildlife Refuge National Bison National Wildlife Refuge Pee Dee National Wildlife Refuge Nine-Pipe National Wildlife Refuge Pocosin Lakes National Wildlife Refuge Pablo National Wildlife Refuge Roanoke River National Wildlife Refuge Red Rock Lakes National Wildlife Refuge Swanquarter National Wildlife Refuge Swan River National Wildlife Refuge NORTH DAKOTA UL Bend National Wildlife Refuge War Horse National Wildlife Refuge Arrowwood National Wildlife Refuge Arrowwood Wetland Management District NEBRASKA Audubon National Wildlife Refuge Boyer Chute National Wildlife Refuge Audubon Wetland Management District Crescent Lake National Wildlife Refuge Chase Lake National Wildlife Refuge De Soto National Wildlife Refuge Chase Lake Wetland Management District Fort Niobrara National Wildlife Refuge Crosby Wetland Management District North Platte National Wildlife Refuge Des Lacs National Wildlife Refuge Valentine National Wildlife Refuge Devils Lake Wetland Management District J. Clark Salyer National Wildlife Refuge NEVADA J. Clark Salyer Wetland Management Dis- trict Ash Meadows National Wildlife Refuge Kulm Wetland Management District Desert National Wildlife Refuge Lake Alice National Wildlife Refuge Pahranagat National Wildlife Refuge Lake Ilo National Wildlife Refuge Ruby Lake National Wildlife Refuge Lake Nettie National Wildlife Refuge Sheldon National Wildlife Refuge Lake Zahl National Wildlife Refuge Stillwater Management Area Long Lake National Wildlife Refuge Stillwater National Wildlife Refuge Long Lake Wetland Management District NEW HAMPSHIRE Lostwood National Wildlife Refuge Lostwood Wetland Management District Great Bay National Wildlife Refuge Rock Lake National Wildlife Refuge Silvio O. Conte National Wildlife Refuge Sibley Lake National Wildlife Refuge Slade National Wildlife Refuge NEW JERSEY Stewart Lake National Wildlife Refuge Cape May National Wildlife Refuge Tewaukon National Wildlife Refuge Edwin B. Forsythe National Wildlife Refuge Tewaukon Wetland Management District Great Swamp National Wildlife Refuge Upper Souris National Wildlife Refuge Supawna Meadows National Wildlife Refuge Valley City Wetland Management District

198

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.7

OHIO Pocasse National Wildlife Refuge Sand Lake National Wildlife Refuge Cedar Point National Wildlife Refuge Sand Lake Wetland Management District Ottawa National Wildlife Refuge Waubay National Wildlife Refuge OKLAHOMA Waubay Wetland Management District

Deep Fork National Wildlife Refuge TENNESSEE Little River National Wildlife Refuge Optima National Wildlife Refuge Chickasaw National Wildlife Refuge Salt Plains National Wildlife Refuge Cross Creeks National Wildlife Refuge Sequoyah National Wildlife Refuge Hatchie National Wildlife Refuge Tishomingo National Wildlife Refuge Lake Isom National Wildlife Refuge Washita National Wildlife Refuge Lower Hatchie National Wildlife Refuge Wichita Mountains National Wildlife Refuge Reelfoot National Wildlife Refuge Tennessee National Wildlife Refuge OREGON TEXAS Bandon Marsh National Wildlife Refuge Bear Valley National Wildlife Refuge Anahuac National Wildlife Refuge Cold Springs National Wildlife Refuge Aransas National Wildlife Refuge Deer Flat National Wildlife Refuge Balcones Canyonlands National Wildlife Ref- Hart Mountain National Antelope Refuge uge Julia Butler Hansen Refuge for the Colum- Big Boggy National Wildlife Refuge bian White-Tailed Deer Brazoria National Wildlife Refuge Klamath Marsh National Wildlife Refuge Buffalo Lake National Wildlife Refuge Lewis and Clark National Wildlife Refuge Hagerman National Wildlife Refuge Lower Klamath National Wildlife Refuge Laguna Atascosa National Wildlife Refuge Malheur National Wildlife Refuge Lower Rio Grande Valley National Wildlife McKay Creek National Wildlife Refuge Refuge McNary National Wildlife Refuge McFaddin National Wildlife Refuge Sheldon National Wildlife Refuge San Bernard National Wildlife Refuge Umatilla National Wildlife Refuge Texas Point National Wildlife Refuge Upper Klamath National Wildlife Refuge Trinity River National Wildlife Refuge William L. Finley National Wildlife Refuge UTAH ENNSYLVANIA P Bear River National Wildlife Refuge Erie National Wildlife Refuge Fish Springs National Wildlife Refuge John Heinz National Wildlife Refuge at Ouray National Wildlife Refuge Tinicum Ohio River Islands National Wildlife Refuge VERMONT Missisquoi National Wildlife Refuge PUERTO RICO [Reserved] VIRGINIA Back Bay National Wildlife Refuge RHODE ISLAND Chinocteague National Wildlife Refuge Block Island National Wildlife Refuge Eastern Shore of Virginia National Wildlife Ninigret National Wildlife Refuge Refuge Pettaquamscutt Cove National Wildlife Ref- Great Dismal Swamp National Wildlife Ref- uge uge Sachuest Point National Wildlife Refuge James River National Wildilfe Refuge Trustom Pond National Wildlife Refuge Mackay Island National Wildlife Refuge Mason Neck National Wildlife Refuge SOUTH CAROLINA Occoquan Bay National Wildlife Refuge ACE Basin National Wildlife Refuge Plum Tree Island National Wildlife Refuge Cape Romain National Wildlife Refuge Presquile National Wildlife Refuge Carolina Sandhills National Wildlife Refuge Rappahannock River Valley National Wild- Pinckney Island National Wildlife Refuge life Refuge Santee National Wildlife Refuge Wallops Island National Wildlife Refuge Savannah National Wildlife Refuge Waccamaw National Wildlife Refuge WASHINGTON Columbia National Wildlife Refuge OUTH DAKOTA S Conboy Lake National Wildlife Refuge Devils Lake Wetland Management District Dungeness National Wildlife Refuge Huron Wetland Management District Hanford Reach National Monument/Saddle Lacreek National Wildlife Refuge Mountain National Wildlife Refuge Lake Andes Wetland Management District Julia Butler Hansen Refuge for the Colum- Madison Wetland Management District bian White-tailed Deer

199

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.8 50 CFR Ch. I (10–1–06 Edition)

Little Pend Oreille National Wildlife Refuge WYOMING McNary National Wildlife Refuge National Elk Refuge Nisqually National Wildlife Refuge Pathfinder National Wildlife Refuge Ridgefield National Wildlife Refuge Seedskadee National Wildlife Refuge Toppenish National Wildlife Refuge Umatilla National Wildlife Refuge UNITED STATES UNINCORPORATED PACIFIC Willapa National Wildlife Refuge INSULAR POSSESSIONS

WEST VIRGINIA Johnston Island National Wildlife Refuge Midway Atoll National Wildlife Refuge Canaan Valley National Wildlife Refuge Ohio River Islands National Wildlife Refuge [58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 58 FR 29084, May 18, WISCONSIN 1993; 59 FR 6685, 6688, Feb. 11, 1994; 59 FR 55183, 55191, 55196, Nov. 3, 1994; 60 FR 5277, Fox River National Wildlife Refuge Jan. 26, 1995; 60 FR 52868, Oct. 11, 1995; 60 FR Horicon National Wildlife Refuge 61212, Nov. 29, 1995; 60 FR 62040, Dec. 4, 1995; Leopold Wetland Management District 61 FR 31461, 31463, June 20, 1996; 61 FR 45366, Necedah National Wildlife Refuge Aug. 29, 1996; 61 FR 46393, Sept. 3, 1996; 62 FR St. Croix Wetland Management District 47375, Sept. 9, 1997; 63 FR 46914, Sept. 3, 1998; Trempealeau National Wildlife Refuge 65 FR 30777, May 12, 2000; 65 FR 56400, Sept. Upper Mississippi River National Wildlife 18, 2000; 66 FR 46353, Sept. 4, 2001; 67 FR 58943, and Fish Refuge Sept. 18, 2002; 68 FR 57315, Oct. 2, 2003; 69 FR Whittlesey Creek National Wildlife Refuge 54362, Sept. 8, 2004; 70 FR 54158, Sept. 13, 2005]

§ 32.8 Areas closed to hunting.

Proclamations and orders Land and waters within boundary and adjacent to, State or in the vicinity of— 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. 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.

200

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.20

Proclamations and orders Land and waters within boundary and adjacent to, State or in the vicinity of— Citation No. Date

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- 1. You must possess and carry a signed hunt permit when hunting. lations for Hunting and Fish- 2. We only allow the use of archery equip- ing ment during white-tailed deer season. 3. We prohibit marking trees and the use of § 32.20 Alabama. flagging tape, reflective tacks, and other The following refuge units have been similar marking devices. opened for hunting and/or fishing, and 4. We prohibit damaging trees or hunting are listed in alphabetical order with from a tree that contains an inserted metal object (see § 27.51 of this chapter). Hunters applicable refuge-specific regulations. must remove stands from trees after each BON SECOUR NATIONAL WILDLIFE REFUGE day’s hunt (see §§ 27.93 and 27.94 of this chapter). A. Migratory Game Bird Hunting. [Reserved] 5. We require tree stand users to use a safe- B. Upland Game Hunting. [Reserved] ty belt or harness. C. Big Game Hunting. [Reserved] 6. We prohibit the use of dogs for hunting D. Sport Fishing. Fishing is permitted on or pursuit of big game. designated areas of the refuge subject to the 7. Conditions B2 and B3 apply. following conditions: D. Sport Fishing. We allow sport fishing on 1. Fishing is permitted only from sunrise designated areas of the refuge in accordance to sunset. with State regulations subject to the fol- 2. Only nonmotorized boats and boats with lowing conditions: electric motors are permitted on Gator and 1. We prohibit the taking of frog or turtle Little Gator Lakes. (see § 27.21 of this chapter). CAHABA RIVER NATIONAL WILDLIFE REFUGE 2. Condition B3 applies.

A. Migratory Game Bird Hunting. [Reserved] CHOCTAW NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, opossum, raccoon, A. Migratory Game Bird Hunting. [Reserved] coyote, and bobcat on designated areas of B. Upland Game Hunting. We allow hunting the refuge in accordance with State regula- of squirrel, rabbit, raccoon, and opossum on tions subject to the following conditions: designated areas of the refuge in accordance 1. You must possess and carry a signed with State regulations subject to the fol- hunt permit when hunting. lowing conditions: 2. We prohibit hunting within 100 yards (90 1. We prohibit hunting within 100 yards (90 m) of River Road. m) of the fenced-in Work Center Area or the 3. We prohibit ATVs, mules, and horses on refuge boat ramp. the refuge. 2. Access to the Middle Swamp is by boat 4. We allow the use of dogs to hunt upland only. We prohibit access to the refuge from game, but the dogs must be under the imme- private land. diate control of the handler at all times and 3. We prohibit marking trees and use of not allowed to run free (see § 26.21(b) of this flagging tape, reflective tacks, and other chapter). similar marking devices. 5. We allow shotguns with #4 shot or small- 4. You may take incidental species as list- er, rifles firing .22 caliber rimfire ammuni- ed in the refuge hunt permit during any fall tion, or archery equipment. hunt with those weapons legal during those C. Big Game Hunting. We allow the hunting hunts. of white-tailed deer, feral hog, and wild tur- 5. You must possess and carry a signed ref- key on designated areas of the refuge in ac- uge hunt permit when hunting. cordance with State regulations subject to 6. All youth hunters age 15 and younger the following conditions: must remain within sight and normal voice

201

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.20 50 CFR Ch. I (10–1–06 Edition)

contact of an adult age 21 or older, pos- 7. We allow commercial fishing with the sessing a license. Youth hunters must have use of nets, seines, boxes, and baskets only passed a State-approved hunter education by Special Use Permit. course. One adult may supervise no more 8. We prohibit mooring or storing of boats than two youth hunters. from 1⁄2 hour after legal sunset to 1⁄2 hour be- 7. We prohibit overnight mooring or stor- fore legal sunrise. age of boats. 8. We require hunters to check all har- EUFAULA NATIONAL WILDLIFE REFUGE vested game at the conclusion of each day at A. Migratory Game Bird Hunting. We allow one of the refuge check-out stations. hunting of mourning and Eurasian-collared 9. You may only use approved nontoxic dove, duck, and goose on designated areas of shot (see § 32.2(k)) #4 or smaller, .22 caliber the refuge in accordance with State regula- rimfire, or legal archery equipment. tions subject to the following conditions: 10. We allow you to use dogs during the 1. You must possess and carry a signed ref- hunt, but the dogs must be under the imme- uge hunt permit when hunting. diate control of the handler at all times and 2. We allow dove hunting on selected areas not allowed to roam free (see § 26.21(b) of this and days during the State dove season. You chapter). We prohibit dogs in the Middle may only possess approved nontoxic Swamp area of the refuge. shotshells (see § 32.2(k)). C. Big Game Hunting. We allow hunting of 3. We allow goose and duck hunting in the white-tailed deer and feral hog in accordance Kennedy and Bradley Units on selected days with State regulations subject to the fol- until 12 p.m. (noon) during State waterfowl lowing conditions: seasons. We close all other areas within the 1. Conditions B1 through B8 apply. refuge to waterfowl hunting. 2. We require tree stand users to use a safe- 4. You may only possess approved nontoxic ty belt or harness. shotshells while in the field (see § 32.2(k)) in 3. We prohibit damaging trees or hunting quantities of 25 or less when hunting duck or from a tree that contains an inserted metal goose. object (see § 32.2(i)). Hunters must remove 5. All youth hunters age 15 and younger stands from trees each day (see § 27.93 of this must remain within sight and normal voice chapter). contact of an adult age 21 or older, possessing a license. Youth hunters must pos- 4. During the spring muzzleloader hunt for sess and carry verification of passing a feral hog, muzzleloaders must be .40 caliber State-approved hunter education course. One or larger without scopes. We require hunters adult may supervise no more than two youth to wear hunter orange in accordance with hunters. State big game regulations except you must B. Upland Game Hunting. We allow hunting also wear hunter orange while on tree of squirrel and rabbit on designated areas of stands. the refuge in accordance with State regula- 5. We prohibit participation in organized tions subject to the following conditions: drives. 1. Conditions A1 and A5 apply. 6. We prohibit mules and horses on all ref- 2. We allow squirrel and rabbit hunting on uge hunts. selected areas and days during the State sea- 7. We prohibit hunting by aid or distribu- son. tion of any feed, salt, or other mineral at 3. We prohibit dogs (see § 26.21(b) of this any time. chapter). D. Sport Fishing. We allow fishing in des- 4. We allow only shotguns. ignated areas of the refuge in accordance 5. We prohibit mooring or storing of boats with State regulations subject to the fol- from 2 hours after legal sunset to 1⁄2 hour be- lowing conditions: fore legal sunrise. 1. We allow fishing year-round, except in C. Big Game Hunting. We allow hunting of the waterfowl sanctuary, which we close white-tailed deer and feral hog on designated from December 1 through March 1. areas of the refuge in accordance with State 2. With the exception of the refuge boat regulations subject to the following condi- ramp, we limit access from 1⁄2 hour before tions: legal sunrise to 1⁄2 hour after legal sunset. 1. Conditions A1 and B5 apply. 3. You may use a rod and reel and pole and 2. We allow both archery deer and feral hog line. We prohibit all other methods of fish- hunting during State archery and gun sea- ing. sons. 4. We prohibit the taking of frogs or turtles 3. We close the portion of the refuge be- (see § 27.21 of this chapter). tween Bustahatchee and Rood Creeks to 5. We prohibit bow fishing. archery hunting until November 1. 6. We prohibit the use of airboats, hover- 4. All youth hunters age 15 and younger craft, and inboard waterthrust boats such as, must remain within sight and normal voice but not limited to, personal watercraft, contact of an adult age 21 or older, pos- watercycles, and waterbikes on all waters of sessing a license. We allow youth gun deer the refuge. hunting (ages 10–16) within the Bradley Unit

202

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.20

on weekends during October where youth age 4. All youth hunters age 15 and younger 16 or under must be supervised by an adult. must remain within sight and normal voice Youth hunters must have passed a State-ap- contact of an adult age 21 or older, pos- proved hunter education course. One adult sessing a license. Youth hunters must have may supervise no more than one youth passed a State-approved hunter education hunter. course. One adult may supervise no more 5. We close the portion of the refuge than two youth hunters. around the Upland Impoundment, also des- 5. We allow you to use dogs during the ignated by signs reading ‘‘Closed Seasonally hunt, but the dogs must be under the imme- November 15–February 28,’’ to hunting after diate control of the handler at all times and November 15. not allowed to roam free (see § 26.21(b) of this 6. We prohibit damaging trees or hunting chapter). from a tree that contains an inserted metal B. Upland Game Hunting. We allow hunting object (see § 32.2(i)). Hunters must remove of quail, squirrel, rabbit, raccoon, and opos- stands from the trees each day (see § 27.93 of sum on designated portions of the refuge in this chapter). accordance with State regulations subject to 7. We allow access to the refuge for all the following conditions: hunts from 11⁄2 hours before legal sunrise to 1. Conditions A1 and A3 through A5 apply. 11⁄2 hours after legal sunset. 2. We allow hunting on designated areas 8. We prohibit hunting by aid or distribu- from legal sunrise to legal sunset Mondays, tion of any feed, salt, or other mineral at Tuesdays, Fridays, and Saturdays, except any time (see § 32.2(h)). that you may hunt opossum and raccoon 9. We prohibit participation in organized after legal sunset. drives. C. Big Game Hunting. [Reserved] 10. We prohibit mules and horses on all ref- D. Sport Fishing. [Reserved] uge hunts. MOUNTAIN LONGLEAF NATIONAL WILDLIFE 11. We require tree stand users to use a REFUGE safety belt or harness. D. Sport Fishing. We allow fishing in des- A. Migratory Game Bird Hunting. We allow ignated areas of the refuge in accordance hunting of woodcock on designated areas of with State regulations subject to the fol- the refuge in accordance with State regula- lowing conditions: tions subject to the following condition: You 1. We allow fishing, including bowfishing, must possess and carry a signed hunt permit from legal sunrise to legal sunset only in ref- when hunting. uge waters other than Lake Eufaula. B. Upland Game Hunting. We allow hunting 2. We prohibit taking frog or turtle (see of quail, squirrel, rabbit, groundhog, rac- § 27.21 of this chapter) from refuge waters not coon, opossum, beaver, and fox on designated connected with Lake Eufaula. areas of the refuge in accordance with State 3. We adopt reciprocal license agreements regulations subject to the following condi- between Alabama and Georgia for fishing in tions: Lake Eufaula. Anglers fishing in refuge im- 1. You must possess and carry a signed ref- pounded waters must possess and carry a li- uge hunt permit when hunting. cense for the State in which they are fishing. 2. We only allow hunting from legal sunrise to legal sunset. 4. We prohibit use of boats with motors in 3. We prohibit the use of dogs (see § 26.21(b) all refuge impounded areas. of this chapter) to hunt or pursue raccoon, 5. Condition B5 applies. opossum, or fox. GRAND BAY NATIONAL WILDLIFE REFUGE C. Big Game Hunting. We allow hunting of white-tailed deer, bobcat, coyote, feral hog, Refer to § 32.43 Mississippi for regulations. and turkey on designated areas of the refuge in accordance with State regulations subject KEY CAVE NATIONAL WILDLIFE REFUGE to the following conditions: A. Migratory Game Bird Hunting. We allow 1. Condition B1 applies. hunting of mourning and Eurasian-collared 2. We prohibit damaging trees or hunting dove on designated areas of the refuge in ac- from a tree that contains an inserted metal cordance with State regulations subject to object (see § 32.2(i)). Hunters must remove the following conditions: stands from trees each day (see § 27.93 of this 1. You must possess and carry a signed ref- chapter). uge hunt permit when hunting. 3. We prohibit using dogs (see § 26.21(b) of 2. We allow hunting on designated areas this chapter) to hunt or pursue big game. from 12 p.m. (noon) to legal sunset Mondays, D. Sport Fishing. [Reserved] Tuesdays, Fridays, and Saturdays. SAUTA CAVE NATIONAL WILDLIFE REFUGE 3. Hunters must park in designated parking areas. We prohibit parking vehicles on A. Migratory Game Bird Hunting. [Reserved] refuge roads or in the fields (see § 27.31 of this B. Upland Game Hunting. We allow hunting chapter). of upland game on designated areas of the

203

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.21 50 CFR Ch. I (10–1–06 Edition)

refuge in accordance with State regulations 6. We prohibit mules and horses on all ref- subject to the following condition: Sauty uge hunts. Creek Wildlife Management Area regulations 7. We prohibit hunting by aid or distribu- apply. tion of any feed, salt, or other mineral at C. Big Game Hunting. [Reserved] any time (see § 32.2(h)). D. Sport Fishing. [Reserved] 8. All youth hunters age 15 and younger must remain within sight and normal voice WHEELER NATIONAL WILDLIFE REFUGE contact of an adult age 21 or older, pos- A. Migratory Game Bird Hunting. [Reserved] sessing a license. Youth hunters must have B. Upland Game Hunting. We allow hunting passed a State-approved hunter education of quail, squirrel, rabbit, raccoon, and opos- course. One adult may supervise no more sum on designated areas of the refuge in ac- than one youth. cordance with State regulations subject to 9. You may only hunt feral hog during the the following conditions: refuge archery and flintlock deer season. 1. You must possess and carry a signed ref- D. Sport Fishing. We allow fishing on des- uge hunt permit when hunting. ignated areas of the refuge in accordance 2. You may only possess approved nontoxic with State regulations subject to the fol- shot (see § 32.2(k)) #4 or smaller, .22 caliber lowing conditions: rimfire, or legal archery equipment. 1. We prohibit bank fishing around the 3. You must unload and case or dismantle shoreline of the refuge headquarters. Consult firearms (see § 27.42 of this chapter) before with the refuge brochure for further informa- placing them in a vehicle or boat. tion. 4. We prohibit hunting in the Triana recre- 2. We open all other refuge waters to fish- ation area or within 100 yards (90 m) of any ing year-round unless otherwise posted. public building, public road, walking trail, or 3. We prohibit fishing in the Waterfowl Dis- boardwalk. play Pool and other waters adjacent to the 5. We prohibit mules and horses on all ref- visitor center. uge hunts. 4. We prohibit airboats and hovercraft on 6. We allow hunting on designated areas all waters within the refuge boundaries. Monday through Saturday. We prohibit 5. We prohibit inboard waterthrust boats hunting on Sunday. such as, but not limited to, personal 7. All youth hunters age 15 and younger watercraft, watercycles, and waterbikes on must remain within sight and normal voice all waters of the refuge except that portion contact of an adult age 21 or older, pos- of the Tennessee River and Flint Creek from sessing a license. Youth hunters must have its mouth to mile marker 3. passed a State-approved hunter education course. One adult may supervise no more 6. We prohibit mooring and storing of boats than two youth hunters. from legal sunset to legal sunrise. 8. We prohibit mooring or storing of boats [58 FR 5064, Jan. 19, 1993, as amended at 58 from legal sunset to legal sunrise. FR 29073, May 18, 1993; 59 FR 6688, Feb. 11, 9. We prohibit marking trees and the use of 1994; 59 FR 55183, Nov. 3, 1994; 62 FR 47375, flagging tape, reflective tacks, and other Sept. 9, 1997; 63 FR 46915, Sept. 3, 1998; 65 FR similar marking devices. 30777, May 12, 2000; 66 FR 46353, Sept. 4, 2001; 10. We allow the use of dogs to hunt upland 69 FR 54362, Sept. 8, 2004; 69 FR 55995, Sept. game, but the dogs must be under the imme- 17, 2004; 70 FR 54158, Sept. 13, 2005] diate control of the handler at all times and not allowed to run free (see § 26.21(b) of this § 32.21 Alaska. chapter). C. Big Game Hunting. We allow the hunting Alaska refuges are opened to hunt- of white-tailed deer and feral hog on des- ing, fishing and trapping pursuant to ignated areas of the refuge in accordance the Alaska National Interest Lands with State regulations subject to the fol- Conservation Act (Pub. L. 96–487, 94 lowing conditions: Stat. 2371). Information regarding spe- 1. Conditions B1, B3, B4, B6, B8, and B9 cific refuge regulations can be obtained apply. 2. We prohibit participation in organized from the Region 7 Office of the U.S. drives. Fish and Wildlife Service, Anchorage, 3. We allow bows with broadhead arrows AK, or by contacting the manager of and flintlocks .40 caliber or larger only. the respective individual refuge. 4. We prohibit damaging trees or hunting from a tree that contains an inserted metal § 32.22 Arizona. object (see § 32.2(i)). Hunters must remove stands from trees each day (see § 27.93 of this The following refuge units have been chapter). opened for hunting and/or fishing, and 5. We require tree stand users to use a safe- are listed in alphabetical order with ty belt or harness. applicable refuge-specific regulations.

204

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.22

BILL WILLIAMS RIVER NATIONAL WILDLIFE 1. You may only use firearms (see § 27.42 of REFUGE this chapter) for the taking of legal game. You may only carry and use handguns in A. Migratory Game Bird Hunting. We allow conjunction with a designated handgun sea- hunting of mourning and white-winged dove son. We prohibit weapons in the No-Hunt in accordance with State regulations subject Zone of the refuge headquarters, on Service to the following conditions: property in Brown Canyon, and in the 1. We only allow shotguns. Watchable Wildlife Areas located at Arivaca 2. You may only possess approved nontoxic Cienega and Arivaca Creek. shot while in the field (see § 32.2(k)). 2. We allow stands, but you must remove 3. We only allow hunting in accordance them at the end of the hunt (see § 27.93 of this with State regulations for the listed species. chapter). 4. We only allow hunting on the refuge in 3. The No-Hunt Zones include: Clark Ranch those areas south of the Bill Williams Road Tract, Don Honnas Tract, all Service prop- and east of Arizona State Rt. 95 and the erty in Brown Canyon, Arivaca Creek from south half of Section 35, T 11N-R 17W as post- milepost 7 to Arivaca and within 1⁄4 mile (.4 ed. km) of the creek bed, within 1⁄4 mile (.4 km) 5. Only upon specific consent from an au- of all refuge residences and structures, and thorized refuge employee may you retrieve within a 2-mile (3.2 km) radius of both the game from an area closed to hunting or refuge headquarters and the 10 mile (16 km) entry. Antelope Wildlife Drive. 6. We prohibit hunting within 50 yards (45 B. Upland Game Hunting. We allow hunting m) of any building, road, or levee. of cottontail rabbit, coyote, and skunk on 7. We prohibit target practice or any non- designated areas of the refuge in accordance hunting discharge of firearms (see § 27.42 of with State regulations subject to the fol- this chapter). lowing conditions: B. Upland Game Hunting. We allow hunting 1. We only require a refuge permit to hunt of quail and cottontail rabbit in accordance coyote during April and May. Permits are with State regulations subject to the fol- available at refuge headquarters. lowing conditions: 2. Conditions A1 through A3 apply. 1. Conditions A1 through A7 apply. 3. Hunting groups using more than four 2. We only allow hunting of cottontail rab- horses must possess and carry a refuge per- bit from September 1 to the close of the mit. State quail season. 4. Each hunter using horses must provide C. Big Game Hunting. We allow hunting of water and feed and clear all horse manure desert bighorn sheep in Arizona Wildlife from all campsites. Management Areas 16A and 44A in accord- C. Big Game Hunting. We allow hunting of ance with State regulations subject to the mule and white-tailed deer, javelina, and following conditions: feral hog on designated areas of the refuge in 1. Anyone for hire assisting or guiding a accordance with State regulations subject to hunter(s) must obtain, possess, and carry a the following conditions: valid Special Use Permit issued by the ref- 1. You may only hunt feral hog during big uge manager. game seasons. Each hunter must possess and 2. Conditions A3 through A7 apply. carry a valid hunting license and big game D. Sport Fishing. We allow fishing in ac- permit for the season in progress. There is no cordance with State regulations subject to bag limit. the following conditions: 2. Conditions A1 through A3 and B3 apply. 1. We close the isolated grow-out cove near D. Sport Fishing. [Reserved] the visitor center to fishing as posted. 2. We prohibit personal watercraft (PWC as CABEZA PRIETA NATIONAL WILDLIFE REFUGE defined by State law), air boats, and hovercraft on all waters within the boundaries of A. Migratory Game Bird Hunting. [Reserved] the refuge. B. Upland Game Hunting. [Reserved] 3. We designate all waters as wakeless C. Big Game Hunting. Hunting of desert big- speed zones (as defined by State law). horn sheep is permitted on designated areas 4. Persons fishing from a boat or other of the refuge subject to the following condi- floating object must obtain, possess, and tion: Entry permits are required. carry a current Colorado River shared juris- D. Sport Fishing. [Reserved] diction stamp. CIBOLA NATIONAL WILDLIFE REFUGE BUENOS AIRES NATIONAL WILDLIFE REFUGE A. Migratory Game Bird Hunting. We allow A. Migratory Game Bird Hunting. We allow hunting of geese, ducks, coots, moorhens, hunting of goose, duck, coot, and mourning common snipe, and mourning and white- and white-winged dove on designated areas winged doves on designated areas of the ref- of the refuge in accordance with State regu- uge subject to the following conditions: lations subject to the following conditions: 1. We allow only shotguns.

205

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.22 50 CFR Ch. I (10–1–06 Edition)

2. You may possess only approved nontoxic 2. You may possess only approved nontoxic shot while in the field. shot while in the field (see § 32.2(k)). 3. You must obtain a permit to enter the 3. You may not hunt within 50 yards (45m) Island Unit. of any building or public road. 4. You must pay a hunt fee in portions of 4. We prohibit target shooting or the dis- the refuge. Consult refuge hunting leaflet for charge of any weapon except to hunt. locations. 5. We prohibit possession of firearms ex- 5. We do not allow pit or permanent blinds. cept while hunting. 6. You may hunt only during seasons, 6. We prohibit the construction or use of dates, times, and areas posted by signs and/ pits and permanent blinds (see § 27.92 of this or indicated on refuge leaflets, special regu- chapter). lations, and maps available at the refuge of- 7. You must remove temporary blinds, fice. boats, hunting equipment, and decoys from 7. You must remove all temporary blinds, the refuge following each day’s hunt (see boats, and decoys from the refuge following §§ 27.93 and 27.94 of this chapter). each day’s hunt. 8. We prohibit retrieving game from closed 8. We do not allow hunting within 50 yards areas. You may retrieve game from areas (45 m) of any public roads or levees. closed to hunting, but otherwise open to 9. We close Farm Unit 2 to all hunting ex- entry, as long as you possess no firearms or cept goose hunting during the Arizona wa- other means of take. terfowl season. 9. Anyone hired to assist or guide hunter(s) 10. Consult the refuge hunt leaflet for the must obtain, possess, and carry a valid Spe- shot limit. cial Use Permit issued by the refuge man- 11. The area known as Pretty Water is open ager. 10. We prohibit hunting on those refuge to waterfowl hunting from 1⁄2 hour before sunrise to 3:00 p.m. MST during the Arizona lands within the Lake Havasu City limits. and California waterfowl seasons. 11. The following conditions apply only to Pintail Slough (all refuge lands north of 12. The Hart Mine Marsh area is open to North Dike): hunting from 10 a.m. to 3 p.m. daily during i. We require a fee for waterfowl hunting. goose season. You must possess proof of payment (refuge B. Upland Game Hunting. We allow hunting permit) while hunting. of quail and cottontail rabbit on designated ii. Waterfowl hunters must hunt within 25 areas of the refuge subject to the following feet (7.5 m) of the numbered post of their as- conditions: signed blind. 1. We allow only shotguns and bows and ar- iii. We limit the number of persons at each rows. waterfowl hunt blind to three. Observers 2. You may possess only approved nontoxic cannot hold shells or guns unless in posses- shot while in the field. sion of a valid State hunting license and 3. You may hunt cottontail rabbit from stamps. September 1 through the last day of the re- iv. We limit the number of shells a water- spective State’s quail season. fowl hunter may possess to 25. 4. During the Arizona waterfowl season, v. Waterfowl hunters must possess at least you may not hunt quail and rabbit in Farm 12 decoys per blind. Unit 2. vi. You may use only dead vegetation or 5. You may not hunt within 50 yards (45 m) materials brought from off refuge for mak- of any public road. ing or fixing hunt blinds. We prohibit the C. Big Game Hunting. We allow hunting of cutting, pulling, marking or removing vege- mule deer on designated areas of the refuge tation (see § 27.51 of this chapter). subject to the following conditions: vii. Waterfowl hunters must be at their 1. During the Arizona waterfowl season, blind at least 45 minutes before legal shoot you may not hunt mule deer in Farm Unit 2. time and not leave their blind until 10:00 am 2. You may not hunt within 50 yards (45 m) MST. of any public road. viii. Waterfowl hunting ends at 12:00 p.m. D. Sport Fishing. We allow sport fishing and (noon) MST. Hunters must be out of the frogging subject to the following condition: slough area by 1:00 p.m. MST. Cibola Lake is open to fishing and frogging ix. We allow hunting in the juniors-only from March 15 through Labor Day. waterfowl season. x. We allow dove hunting only during the HAVASU NATIONAL WILDLIFE REFUGE September season. A. Hunting of Migratory Game Birds. We 12. The following conditions apply to all allow hunting of mourning and whitewinged waters of the lower Colorado River within dove, duck, coot, moorhen, goose, and com- the Havasu NWR: mon snipe on designated areas of the refuge i. We close designated portions of Topock in accordance with State regulations subject Marsh to all entry from October 1 through to the following conditions: the last day of the waterfowl hunt season 1. We prohibit falconry. (including the State junior waterfowl hunt).

206

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.22

These areas are indicated in refuge brochures iii. We prohibit personal watercraft (PWC, and identified by buoys and/or signs. as defined by State law). ii. We prohibit hunting in the waters of the 5. The following apply to all waters of the Colorado River and on those refuge lands Colorado River within Havasu NWR from the within 1/4 mile (.4 km) of the waters of the south regulatory buoy line to the north regu- Colorado River from and including Castle latory buoy line at Interstate 40 (approxi- Rock Bay north to Interstate 40. mately 17 miles [27.2 km]). iii. We allow hunting on refuge lands and i. We prohibit personal watercraft (PWC, as waters south of Castle Rock Bay to the north defined by State law) as indicated by signs or boundary of the Lake Havasu City limits. regulatory buoys in all backwaters. B. Upland Game Hunting. We allow hunting of quail and cottontail rabbit on designated ii. We limit watercraft speed as indicated areas of the refuge in accordance with State by signs or regulatory buoys to no wake (as regulations subject to the following condi- defined by State law) in all backwaters. tions: iii. We prohibit water-skiing, tubing, wake 1. Conditions A1 through A10, A11vi., and boarding, or other recreational-towed de- A12 apply. vices. 2. We prohibit the possession or use of ri- 6. The following apply to the Mesquite Bay fles. areas of Lake Havasu. 3. We allow hunting of quail in Pintail i. We prohibit entry of all watercraft (as Slough prior to and following the State wa- defined by State law) in all three bays as in- terfowl season (The State waterfowl season dicated by signs or regulatory buoys. includes the State general waterfowl season, ii. The Mesquite Bays are Day Use Only the days between the juniors-only waterfowl areas and open from 1 hour before legal sun- hunt and the general State waterfowl season, rise to 1 hour after legal sunset. and the juniors-only waterfowl hunt.). 4. We allow hunting of cottontail rabbit in IMPERIAL NATIONAL WILDLIFE REFUGE Pintail Slough prior to and following the State waterfowl season (The State waterfowl A. Hunting of Migratory Game Birds. We season includes the State general waterfowl allow hunting of mourning and white-winged season, the days between the juniors-only dove, duck, coot, moorhen, goose, and com- waterfowl hunt and the general State water- mon snipe on designated areas of the refuge fowl season, and the juniors-only waterfowl subject to the following conditions: hunt.). 1. Pits and permanent blinds are not al- C. Big Game Hunting. We allow hunting of lowed. bighorn sheep on those refuge lands in Ari- 2. Temporary blinds, boats and decoys zona Wildlife Management Area 16B in ac- must be removed from the refuge following cordance with State regulations subject to each day’s hunt. the following conditions: 3. You may possess only approved nontoxic 1. Conditions A3 through A9 and A12ii shot while in the field. apply. B. Upland Game Hunting. We allow hunting D. Sport Fishing. We allow fishing on des- of quail, cottontail rabbit, coyote, and fox on ignated areas of the refuge in accordance designated areas of the refuge subject to the with State regulations (Colorado River spe- following conditions: cific regulations apply) subject to the fol- 1. Allowed methods of take for quail and lowing conditions: cottontail rabbit are shotgun and bow and 1. We prohibit the use of all air-thrust arrow. boats or air-cooled propulsion engines, in- 2. You may possess only approved nontoxic cluding floating aircraft. shot while hunting quail and cottontail rab- 2. We prohibit overnight boat mooring and bit (see § 32.2(k). shore anchoring unless actively fishing as 3. We allow cottontail rabbit hunting from defined by State regulations (see § 27.93 of September 1 to the close of the State quail this chapter). season. 3. Anyone hired to assist or guide anglers must obtain, possess, and carry a valid Spe- 4. We require Special Use Permits for hunt- cial Use Permit issued by the refuge man- ing coyote and fox. ager. 5. We allow coyote and fox hunting only 4. The following apply only on Topock during the State quail season. Marsh: C. Big Game Hunting. We allow hunting of i. We close designated portions to all entry mule deer and desert bighorn sheep on des- from October 1 through the last day of the ignated areas of the refuge. waterfowl hunt season (including the State D. Sport Fishing. We allow fishing and junior waterfowl hunt). frogging for bullfrog on designated areas of ii. We close designated portions to all the refuge subject to the following condition: entry from April 1 through August 31. These We close posted portions of Martinez Lake areas are indicated in refuge brochures and and Ferguson Lake to entry from October 1 identified by buoys and or signs. through the last day of February.

207

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

KOFA NATIONAL WILDLIFE REFUGE ment must sign, possess, and carry the permits at all times. A. Migratory Game Bird Hunting. [Reserved] 2. We allow hunting of duck, goose, and B. Upland Game Hunting. Hunting of quail, coot daily until 12 p.m. (noon) throughout cottontail rabbit, coyote, and fox is per- the State seasons, except for season closures mitted on designated areas of the refuge sub- on the Farm Unit during Gun Deer Hunt and ject to the following conditions: for the exception provided in A3. 1. Hunting of coyote, fox, and cottontail 3. We allow hunting for goose from 1⁄2 hour rabbit is permitted during the State quail before sunrise until legal sunset after the season only, except as provided below. closing of the duck season in January for the 2. Hunting of coyote and fox is not per- remainder of the State goose season(s) and mitted during the deer season except that Snow, Blue, and Ross’ Goose Conservation deer hunters with valid Unit 45A, 45B, and Orders. 45C deer permits may take these predators 4. We allow hunting for dove, snipe, and until a deer is taken. woodcock when their seasons correspond 3. Allowed method of take of cottontail with duck and/or goose seasons. rabbits is shotgun only. 5. We prohibit commercial hunting/guid- C. Big Game Hunting. Hunting of mule deer ing. and desert bighorn sheep is permitted on des- 6. You may only possess approved nontoxic ignated areas of the refuge. shot shells while in the field (see § 32.2(k)) in D. Sport Fishing. [Reserved] quantities of 25 or less. The possession limit includes shells located in/on vehicles and SAN BERNARDINO NATIONAL WILDLIFE REFUGE other personal equipment. A. Migratory Game Bird Hunting. We allow 7. We prohibit hunting closer than 100 hunting of mourning and white-winged dove yards (90 m) to another hunter or hunting on designated areas of the refuge in accord- party. ance with State regulations subject to the 8. You must remove decoys, blinds, boats, following conditions: and all other equipment (see § 27.93 of this 1. We allow only shotguns. chapter) daily by 2:00 p.m. 2. You may possess only approved nontoxic 9. Waterfowl hunters may enter the refuge shot while in the field (see § 32.2(k)). parking areas at 4:45 a.m. and access the ref- B. Upland Game Hunting. We allow hunting uge at 5 a.m. of quail and cottontail rabbit on designated 10. Hunters may leave boats with the own- areas of the refuge in accordance with State er’s name and address permanently displayed regulations subject to the following condi- or valid registration on the refuge from tions: March 1 through October 31. 1. Conditions A1 and A2 apply. 11. We prohibit possession of or marking 2. Cottontail rabbit season shall open on trails with materials other than biodegrad- September 1 and close on the last day of the able paper flagging or reflective tape/tacks. State quail season. 12. We prohibit building or hunting from C. Big Game Hunting. [Reserved] permanent blinds. D. Sport Fishing. [Reserved] 13. We prohibit cutting of holes or manipulation of vegetation (i.e., cutting bushes, [58 FR 5064, Jan. 19, 1993, as amended at 58 mowing, weed-eating, herbicide use, etc.) and FR 29073, May 18, 1993; 59 FR 6688, Feb. 11, hunting from manipulated areas (see § 27.51 1994; 59 FR 55183, Nov. 3, 1994; 60 FR 62040, of this chapter). Dec. 4, 1995; 62 FR 47376, Sept. 9, 1997; 65 FR 14. We allow retriever dogs. 30777, May 12, 2000; 66 FR 46353, Sept. 4, 2001; 15. You must unload firearms (see § 27.42(b) 67 FR 58943, Sept. 18, 2002; 69 FR 54362, 54365, of this chapter) when carried in/on land vehi- Sept. 8, 2004; 70 FR 54159, Sept. 13, 2005] cles or boats under power. 16. We allow waterfowl hunting from roads § 32.23 Arkansas. and levees. The following refuge units have been 17. All youth hunters age 15 and younger opened for hunting and/or fishing, and must remain within sight and normal voice contact of an adult age 21 or older, pos- are listed in alphabetical order with sessing a license. For migratory bird hunt- applicable refuge-specific regulations. ing, one adult may supervise no more than two youth hunters. BALD KNOB NATIONAL WILDLIFE REFUGE 18. We prohibit target practice or non- A. Migratory Game Bird Hunting. We allow hunting discharge of firearms (see § 27.42 of hunting of duck, goose, coot, snipe, this chapter). woodcock, and dove on designated areas of 19. We only allow vehicle use on estab- the refuge in accordance with State regula- lished roads and trails (see § 27.31 of this tions subject to the following conditions: chapter). We limit vehicle access on the 1. We require refuge hunting permits. The Mingo Creek Unit to ATV use, only on permits are nontransferable, and anyone on marked ATV trails. You may use conven- refuge land in possession of hunting equip- tional vehicles on the Farm Unit from March

208

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.23

1 to November 14. You may only use ATVs refuge in accordance with State regulations from November 15 to February 28 for access subject to the following conditions: beyond Parking Areas. 1. Conditions A1, A5, A11, A15, A18, A19, 20. We prohibit entry into or hunting in A21, A22, and B8, B11, and B12 apply. waterfowl sanctuaries from November 15 2. We divide the refuge into two hunting through February 28. units: Farm Unit and Mingo Creek Unit. 21. You must adhere to all public use spe- 3. The archery/crossbow hunting season for cial conditions and regulations on the an- deer begins on the opening day of the State nual hunt brochure/permit. season and continues throughout the State 22. We prohibit airboats, hovercraft, and season in the Mingo Creek Unit and Farm personal watercraft (Jet Ski, etc.). Unit except for the season closure on the B. Upland Game Hunting. We allow hunting Farm Unit during the Gun Deer Hunt. We of squirrel, rabbit, quail, raccoon, opossum, provide annual season dates and bag limits beaver, muskrat, nutria, armadillo, coyote, on the hunt brochure/permit. and feral hog on designated areas of the ref- 4. Muzzleloader hunting season for deer uge in accordance with State regulations will begin in October and will continue for a subject to the following special conditions: period of up to 9 days in all hunting units 1. Conditions A1, A5, A11, A15, A17 (for up- with annual season dates and bag limits pro- land game hunting, one adult may supervise vided on the hunt brochure/permit. no more than two youth hunters), A18, A19, 5. The Gun Deer Hunt will begin in Novem- A21, and A22 apply. ber and continue for a period of up to 9 days on the Farm Unit with annual season dates 2. You may only possess approved nontoxic and bag limits provided on the hunt bro- shot while in the field (see § 32.2(k)). chure/permit. We close the Mingo Creek 3. We allow fall squirrel hunting in accord- Unit. ance with the State season on the Mingo 6. The fall archery/crossbow hunting sea- Creek Unit and on the Farm Unit, except for son for turkey will begin on the opening day season closure on the Farm Unit during the of the State season and continue throughout Gun Deer Hunt. We prohibit dogs, except for the State season on the Mingo Creek Unit the period of January 15 through February only. 28. We do not open for the spring squirrel 7. We prohibit spring and fall gun hunting season. for turkey. 4. We allow rabbit hunting in accordance 8. Immediately record the zone 002 on your with the State season on the Mingo Creek hunting license and later at an official check Unit and on the Farm Unit, except for season station for all deer and turkey harvested on closure on the Farm Unit during the Gun the refuge. Deer Hunt. We prohibit dogs, except for the 9. You may only possess shotguns with ri- period of January 15 through February 28. fled slugs, muzzleloaders, and legal pistols 5. We allow quail hunting in accordance during the modern Gun Deer Hunt. with the State season except for season clo- 10. You may only use single-person port- sure on the Farm Unit only during the Gun able deer stands. Deer Hunt. We allow dogs. 11. We prohibit hunting from a vehicle or 6. We allow hunting of raccoon and opos- use of a vehicle as a deer stand. sum with dogs beginning in November and 12. You must permanently affix the own- continuing for up to a 3-week period. We list er’s name and address to all deer stands on annual season dates in the refuge hunting the refuge. brochure/permit. We prohibit pleasure run- 13. You must remove all deer stands from ning or training of dogs. the Waterfowl Sanctuaries by November 14, 7. We prohibit the use of horses. except for stands used by Gun Deer Hunt per- 8. You may take beaver, muskrat, nutria, mit holders who must remove their stands armadillo, feral hog, and coyote during any by the last day of the gun hunt. You must re- refuge hunt with the weapon allowed for that move all stands from the rest of the refuge hunt. by the last day of the archery season (see 9. We prohibit entry into or hunting in ref- § 27.93 of this chapter). uge waterfowl sanctuaries from November 15 14. We prohibit the use of dogs. to February 28. 15. We prohibit the possession of buckshot 10. We prohibit hunting from roads except on all refuge lands. by waterfowl hunters. 16. We prohibit hunting from a mowed and/ 11. You may leave boats with the owner’s or graveled road right-of-way. name and address or valid registration per- 17. Refuge lands are located in State flood manently displayed on the refuge from zone B, and we will close them to all deer March 1 through October 31. hunting when the White River gauge at Au- 12. We prohibit hunting from a vehicle. gusta reaches 31 feet (9.3 m), as reported by 13. We only allow rifles chambered for rim- the National Weather Service in the Arkan- fire cartridges. sas Democrat Gazette, and reopen them when C. Big Game Hunting. We allow hunting of the same gauge reading in this newspaper deer and turkey on designated areas of the falls to or below 19 feet (5.7 m).

209

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

18. We only allow Gun Deer Hunt permit 7. We prohibit dogs except for raccoon holders on the Farm Unit during the Gun hunting. We prohibit pleasure running or Deer Hunt. training of dogs (see § 26.21(b) of this chap- 19. We close Waterfowl Sanctuaries to all ter). entry and hunting from November 15 to Feb- 8. You may only possess shotguns with ap- ruary 28, except for Gun Deer Hunt permit proved nontoxic shot (see § 32.2(k)) and rifles holders, who may hunt the sanctuary when firing .22 caliber rimfire ammunition. the season overlaps with these dates. 9. You must unload and case firearms (see 20. An adult not less than age 21 must su- § 27.42(b) of this chapter) while in a vehicle, pervise and remain within sight and normal on any refuge road, parking area, or boat voice contact of hunters age 15 and under. ramp. For big game hunting, one adult may only 10. We prohibit firearms south of Highway supervise one youth. 18 and at the Brights Landing boat access. D. Sport Fishing. We allow fishing and 11. We prohibit boats from November 1 frogging in accordance with State regula- through February 28, except on that portion tions subject to the following conditions: of the refuge open for public fishing with 1. Conditions A5, A19, A21, and A22 apply. electric motors and Ditch 28. 2. We close waterfowl sanctuaries to all 12. We prohibit hunting from mowed or entry and fishing/frogging from November 15 gravel roads. to February 28. We also close the Farm Unit 13. We prohibit ATVs (see § 27.31(f) of this to all entry and fishing during the Gun Deer chapter). Hunt. 14. You must adhere to all public use spe- 3. You may leave boats with the owner’s cial conditions and regulations on the an- name and address permanently displayed or nual hunt brochure/permit. valid registration on the refuge from March C. Big Game Hunting. We allow hunting of 1 to October 31. We prohibit use of boats white-tailed deer on designated areas of the from 12 p.m. (midnight) to 5 a.m. during refuge in accordance with State regulations duck season. subject to the following conditions: 4. We prohibit commercial fishing. 1. Conditions B1, and B11 through B14 5. We limit nighttime use to anglers fish- apply. ing/frogging with fishing and/or frogging 2. We allow archery/crossbow hunting for tackle only. white-tailed deer. We provide annual season 6. We prohibit mooring houseboats to the dates in the hunt brochure/permit. refuge bank on the Red River. 3. Hunters may only possess long, recurve, compound, or crossbows. We prohibit posses- BIG LAKE NATIONAL WILDLIFE REFUGE sion of firearms (see § 27.42 of this chapter) A. Migratory Game Bird Hunting. [Reserved] by archery/crossbow hunters. B. Upland Game Hunting. We allow hunting 4. We prohibit dogs. of squirrel, rabbit, raccoon, nutria, coyote, 5. We prohibit possession of or marking beaver, and opossum on designated areas of trails with materials other than biodegrad- the refuge in accordance with State regula- able paper/flagging or reflective tape/tacks. tions subject to the following conditions: 6. Upon harvest of deer, hunters must im- 1. We require refuge hunt permits. The per- mediately record the deer zone 030 on their mits are nontransferable and anyone on ref- license and later on official check station uge land in possession of hunting equipment records. must sign and carry the permit at all times. 7. Hunters must check out (check har- 2. We prohibit firearms (see § 27.42 of this vested deer) at the Hunter Information Sta- chapter) on the refuge, except during refuge tion. squirrel, rabbit, and raccoon seasons. We 8. We only allow portable tree stands, and provide annual season dates in the refuge you must remove them daily (see § 27.93 of hunting brochure/permit. this chapter). 3. You may take nutria, beaver, and coyote 9. We prohibit driving metal or other ob- during any refuge hunt with the firearm al- jects into trees or hunting from trees in lowed for that hunt, subject to State sea- which objects have been driven (see § 32.2(i)). sons. 10. We prohibit cutting, pruning, or trim- 4. All youth hunters age 15 and younger ming vegetation (see § 27.51 of this chapter). must remain within sight and normal voice 11. We prohibit target practice or any non- contact of an adult age 21 or older, pos- hunting discharge of firearms (see § 27.42 of sessing a license. For small game hunts, one this chapter). adult may supervise no more than two youth 12. Hunters may enter the refuge no earlier hunters. than 1 hour before legal shooting time and 5. We prohibit target practice or any non- depart no later than 1 hour after legal shoot- hunting discharge of firearms (see § 27.42 of ing time. this chapter). 13. An adult age 21 or older must supervise 6. You may take opossum during a raccoon and remain within sight and normal voice hunt. contact of hunters age 15 and under. For big

210

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.23

game hunts, one adult may supervise no providing assistance, service, or equipment more than 1 youth. who does not possess and carry the required D. Sport Fishing. Fishing and frogging are refuge Special Use Permit. permitted on designated areas of the refuge 7. You may only possess approved nontoxic subject to the following conditions: shot while in the field (see § 32.2(k)). 1. We prohibit the use of limb lines and jug 8. You must remove decoys, blinds, boats, fishing. and all other equipment (see § 27.93 of this 2. The use of limb lines and toxic chemical chapter) daily by 2 p.m. containers for jug fishing is not permitted. 9. Waterfowl hunters may enter the refuge 3. The ends of trotlines must consist of a parking areas at 4:45 a.m. and access the ref- length of cotton line that extends from the uge at 5 a.m. points of attachment into the water. 10. We prohibit boats on the refuge from 12 4. Boats may be launched only in des- p.m. (midnight) to 5 a.m. during duck season. ignated areas. 11. We prohibit possession of or marking 5. We prohibit ATVs, airboats, personal trails with materials other than biodegrad- watercraft, Jet Skis, and hovercraft (see able paper, flagging, or reflective tape/tacks. § 27.31(f) of this chapter). 12. We prohibit building, or hunting from, 6. Frogging is permitted from the begin- permanent blinds. ning of the State frogging season through 13. We prohibit cutting of holes or other October 31. The use of archery equipment for manipulation of vegetation (e.g., cutting taking frogs is not permitted. bushes, mowing, weed-eating, herbicide use, 7. The taking of largemouth bass is per- and other actions) or hunting from manipu- mitted in accordance with the posted length lated areas (see § 27.51 of this chapter). and/or slot limits. 14. We allow retriever dogs. 8. We prohibit possessing turtles (see § 27.21 15. You must unload firearms when carried of this chapter). in/on land vehicles or boats under power (see § 27.42(b) of this chapter). CACHE RIVER NATIONAL WILDLIFE REFUGE 16. We allow waterfowl hunting on flooded A. Migratory Game Bird Hunting. We allow roads. hunting of duck, goose, coot, snipe, 17. All youth hunters age 15 and younger woodcock, and dove on designated areas of must remain within sight and normal voice the refuge in accordance with State regula- contact of an adult age 21 or older, pos- tions subject to the following conditions: sessing a license. For migratory bird hunt- 1. We require refuge hunting permits. ing, one adult may supervise no more than These permits are nontransferable, and any- two youth hunters. one on the refuge in possession of hunting 18. We prohibit target practice or any non- equipment must sign and carry the permit at hunting discharge of firearms (see § 27.42 of all times. this chapter). 2. We allow hunting of duck, goose, and 19. We prohibit ATVs except on established coot daily until 12 p.m. (noon) throughout roads used by conventional vehicles on ref- the State seasons, except for refugewide sea- uge lands south of Highway 38. We prohibit son closures during Gun Deer Hunt and the driving around a locked gate, barrier, or be- exception provided in A3. yond a sign closing a road to vehicular traf- 3. We allow hunting for goose from 1⁄2 hour fic. We only allow vehicle use on established before legal sunrise to legal sunset after the roads (see § 27.31 of this chapter). close of duck season in January for the re- 20. We prohibit entry into or hunting in mainder of the State goose season(s) and Waterfowl Sanctuaries from November 15 Snow, Blue and Ross’ Goose Conservation through February 28. Order. 21. You must adhere to all public use spe- 4. We allow hunting for dove, snipe, and cial conditions and regulations on the an- woodcock when their seasons correspond nual hunt brochure/permit. with duck and/or goose seasons. 22. We close all other hunts during the Gun 5. No person, including but not limited to, Deer Hunt. We only allow Gun Deer Hunt a guide, guide service, outfitter, club, or permit holders on the refuge during this other organization, will provide assistance, hunt. services, or equipment on the refuge to any B. Upland Game Hunting. We allow hunting other person for compensation unless such of squirrel, rabbit, quail, raccoon, opossum, guide, guide service, outfitter, club, or orga- beaver, muskrat, nutria, armadillo, coyote, nization has obtained a Special Use Permit and feral hog on designated areas of the ref- from the refuge. For the purposes of this reg- uge in accordance with State regulations ulation, we will consider any fees or services subject to the following conditions: rendered to a person for lodging, meals, club 1. Conditions A1, A5, A6, A7, A11, A15, A17 membership or similar services as compensa- (for upland game hunts, the adult may super- tion. vise no more than two youth hunters), and 6. We prohibit hunting, taking, possessing, A18 through A21 apply. or attempting to take wildlife with a guide, 2. Fall squirrel season corresponds with the guide service, outfitter, club, or organization State season on all refuge hunt units except

211

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

for refugewide season closure during the Gun with annual season dates and bag limits pro- Deer Hunt. We prohibit dogs except during vided on the hunt brochure/permit. the period January 15 through February 28. 5. The Gun Deer Hunt will begin in Novem- We do not open for the spring squirrel sea- ber and continue for a period of up to 9 days son. in all hunting units with annual season dates 3. Rabbit season corresponds with the and bag limits provided on the hunt bro- State season on all refuge hunt units except chure/permit. for refugewide season closure during the Gun 6. The fall archery/crossbow hunting sea- Deer Hunt. We prohibit dogs except during son for turkey will begin on the opening day the period January 15 through February 28. of the State season and continue throughout 4. Quail season corresponds with the State the State season in Hunt Units I, III, and season on all refuge hunt units except for Unit II lands within the fall State archery/ refugewide season closure during the Gun crossbow turkey zone except for refugewide Deer Hunt. We allow dogs. season closure during the Gun Deer Hunt. We 5. We allow hunting of raccoon and opos- close Unit II lands outside the fall archery/ sum with dogs on all refuge hunt units. We crossbow turkey zone. We do not open for provide annual season dates in the refuge fall gun hunting for turkeys. hunting brochure/permit. We prohibit pleas- 7. The spring gun hunt for turkey will ure running or training of dogs. begin on the opening day of the State season 6. We allow the use of horses for raccoon and continue throughout the State season in and opossum hunters in refuge Hunt Unit I. Hunt Units I and III. We close Unit II lands We prohibit horse use in other refuge hunt with the exception of those refuge lands in- units or by other refuge hunters or visitors. cluded in the combined Black Swamp Wild- 7. You may take beaver, muskrat, nutria, life Management Area/Cache River National armadillo, feral hog, and coyote during any Wildlife Refuge quota permit hunts adminis- refuge hunt with the firearm allowed for tered by the State. that hunt. 8. Immediately record the zone 095 on your 8. We prohibit hunting from mowed and/or hunting license and later at an official check graveled roads except by waterfowl hunters station for all deer and turkey harvested on during flooded conditions. the refuge. 9. You may leave boats with the owner’s 9. You may only possess shotguns with ri- name and address or valid registration per- fled slugs, muzzleloaders, and legal pistols manently displayed on the refuge from during the modern Gun Deer Hunt on the March 1 through October 31. We prohibit Dixie Farm Unit Waterfowl Sanctuary, adja- boats on the refuge from 12 p.m. (midnight) cent waterfowl hunt area, and the Plunkett until 5 a.m. during the duck season. Farm Unit Waterfowl Sanctuary. 10. We prohibit hunting from a vehicle. 10. We only allow portable deer stands ca- 11. We only allow rifles chambered for rim- pable of being carried by a single individual. fire cartridges. 11. We prohibit hunting from a vehicle or 12. We close all other hunts during the Gun use of a vehicle as a deer stand. Deer Hunt. We only allow Gun Deer Hunt 12. You must permanently affix the own- permit holders on the refuge during this er’s name and address to all deer stands on hunt. the refuge. C. Big Game Hunting. We allow hunting of 13. You must remove all deer stands from deer and turkey on designated areas of the the waterfowl sanctuaries by November 14 refuge in accordance with State regulations and from the rest of the refuge by the last subject to the following conditions: day of archery season (see § 27.93 of this chap- 1. Conditions A1, A5, A6, A11, A15, A18 ter). through A21, B9, and B10 apply. 14. We prohibit the use of dogs. 2. We divide the refuge into the following 15. We prohibit the possession of buckshot three hunting units: Unit I—refuge lands be- on all refuge lands. tween Highway 79 and Interstate 40; Unit II— 16. We prohibit hunting from a mowed and/ all refuge lands east of Highway 33 between or graveled road right-of-way. Interstate 40 and Highway 18 at Grubbs, Ar- 17. We will close refuge lands located in kansas; Unit III—all refuge lands west of State-designated Flood Prone Region B and Highway 33, from Interstate 40 to Highway reopen them to all deer hunting in accord- 64. ance with State-established gauge readings, 3. Archery/crossbow hunting season for when the Arkansas Democrat Gazette posts deer begins on the opening day of the State these gauge readings. season and continues throughout the State 18. We will close refuge lands located in season in all refuge hunting units except for State-designated Flood Prone Region C to refugewide season closure during the Gun all deer hunting when the Cache River gauge Deer Hunt. We provide annual season dates at Patterson reaches 10 feet (3 m), as re- and bag limits on the hunt brochure/permit. ported by the National Weather Service in 4. Muzzleloader hunting season for deer the Arkansas Democrat Gazette, and reopen will begin in October and will continue for a them when the same gauge reading in this period of up to 9 days in all hunting units newspaper falls to or below 8.5 feet (2.6 m).

212

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.23

19. We will close refuge lands located in tem lands for compensation unless the guide, Flood Prone Region D to all deer hunting guide services, outfitter, club, organization, when the White River gauge at Clarendon or person has obtained a Special Use Permit reaches 28 feet (8.4 m), as reported by the Na- from the refuge. It is the responsibility of tional Weather Service in the Arkansas Dem- the hunter to verify that the guide has the ocrat Gazette, and reopen them when the required Special Use Permit; failure to com- same gauge reading in this newspaper falls ply with this provision subjects each hunter to or below 27 feet (8.1 m). in the party to a fine if convicted of this vio- 20. We close all other hunts during the Gun lation. Deer Hunt. We only allow Gun Deer Hunt 7. You must possess and carry a refuge permit holders on the refuge during this hunt brochure permit. These hunt brochure hunt. permits are available in unlimited qualitites 21. An adult not less than age 21 must su- at the refuge office, brochure dispensers at pervise and remain within sight and normal multiple locations throughout the refuge, voice contact of hunters age 15 and under. and at area businesses. For big game hunting, one adult may only 8. We prohibit possession and/or use of her- supervise one youth. bicides. D. Sport Fishing. We allow fishing and 9. We prohibit marking trails with tape, frogging in accordance with State regula- ribbon, paint, or any other substance other tions subject to the following conditions: than biodegradable materials. 1. We close waterfowl sanctuaries to all en- 10. We prohibit possession or use of alco- trance and fishing/frogging from November holic beverage(s) while hunting (see § 32.2(j)). 15 to February 28. We prohibit refugewide We prohibit consumption or possession of entry and fishing during the Gun Deer Hunt. opened container(s) of alcoholic beverage(s) 2. Conditions A19, A21, B9, and B10 apply. in parking lots, on roadways, and in plain 3. We require a Special Use Permit for all view in campgrounds. commercial fishing activities on the refuge. 4. We prohibit hovercraft, personal 11. All persons born after 1968 must posses watercraft (Jet Skis, etc.), and airboats. a valid hunter education card in order to hunt. FELSENTHAL NATIONAL WILDLIFE REFUGE 12. All youth hunters age 15 and younger must remain within sight and normal voice A. Hunting of Migratory Game Birds. We contact of an adult age 21 or older, pos- allow hunting of duck, goose, coot, and sessing a license. One adult may supervise no woodcock on designated areas of the refuge more than two youth hunters. in accordance with State regulations subject 13. We only allow ATVs for wildlife-depend- to the following conditions: 1. We allow hunting of duck, goose, and ent activities such as hunting and fishing. coot during the State duck season except We restrict ATVs to designated times and during scheduled quota refuge Gun Deer designated trails (see § 27.31 of this chapter) Hunts. We allow hunting of woodcock during marked with signs and paint. We identify the State season. Dates for quota deer hunts these trails and the dates they are open for are typically in November, and we publish use in the refuge hunt brochure. We limit them annually in the refuge hunt brochure. ATVs to those having an engine displace- 2. Hunting of duck, goose, and coot ends at ment size not exceeding 700cc. We limit ATV 12 p.m. (noon) each day. tires to those having a centerline lug depth 3. We only allow portable blinds. You must not exceeding 1 inch (2.5 cm). You may use remove all duck hunting equipment (port- horses on roads and ATV trails (when open able blinds, boats, guns, and decoys) (see to motor vehicle and ATV traffic respec- § 27.93 of this chapter) from the hunt area by tively) as a mode of transportation for on- 1:30 p.m. each day. refuge, wildlife-dependent activities. 4. You may only possess approved nontoxic 14. We prohibit hunting within 150 feet (45 shells (see § 32.2(k)) in quantities of 25 or less m) of roads and trails (see § 27.31 of this chap- each day during waterfowl season; hunters ter) open to motor vehicle use (including may not discharge more than 25 shells per ATV trails). day. 15. We prohibit target practice with any 5. We close areas of the refuge posted with weapon or any nonhunting discharge of fire- ‘‘Area Closed’’ signs and identify them on arms (see § 27.42 of this chapter). the refuge hunt brochure map as a Waterfowl 16. We only allow camping at designated Sanctuary and closed to all public entry and primitive campground sites identified in the public use during waterfowl hunting season. refuge hunt brochure, and we restrict camp- Exception: we open the Waterfowl Sanctuary ing to individuals involved in wildlife-de- to all authorized activities during the Sep- pendent refuge activities. Campers may stay tember teal season. no more than 14 days during any 30 consecu- 6. No person will utilize the services of a tive-day period in any campground and must guide, guide service, outfitter, club, organi- occupy camps daily. We prohibit all disturb- zation, or other person who provides equip- ances, including use of generators, after 10 ment, services, or assistance on Refuge Sys- p.m. You must unload all weapons (see

213

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

§ 26.42(b) of this chapter) within 100 yards (90 dispensers located at entrances throughout m) of a campground. the refuge, and at many area businesses. 17. You may take beaver, nutria, feral hog, 4. We close archery deer hunting during and coyote during any daytime refuge hunt the quota deer hunts. with weapons and ammunition allowed for 5. The refuge will conduct only one 2-day that hunt. There is no bag limit. You may quota permit for the muzzleloader deer hunt not transport live hogs. (typically in October) and only two 2-day 18. We prohibit blocking of gates and road- quota permits for the Gun Deer Hunts (typi- ways (see § 27.31(h) of this chapter). cally in November). 19. We allow the use of retriever dogs. 6. We restrict hunt participants for quota 20. We require you to unload and case any hunts to those drawn for a quota permit. The firearms (see § 27.42(b) of this chapter) trans- permits are nontransferable. Hunt dates and ported in any land vehicle, boat under power, application procedures will be available at or on horses. We define ‘‘loaded’’ as any the refuge office in July. shells in the gun or cap on a muzzleloader. 7. The quota muzzleloader and Gun Deer 21. We prohibit the use or possession of any Hunt bag limit is one deer, either sex, on electronic call or other electronic device each hunt. used for producing or projecting vocal sounds 8. You must check all harvested deer dur- of any wildlife species. ing quota hunts at refuge deer check sta- B. Upland Game Hunting. We allow hunting tions on the same day of the kill. We identify of quail, squirrel, rabbit, raccoon, opossum, the check station locations in the refuge beaver, nutria, and coyote on designated hunt brochure. Carcasses of deer taken must areas of the refuge in accordance with State remain intact (except you may field dress) regulations subject to the following condi- until checked. tions: 9. You may only use portable deer stands. 1. Conditions A4 through A18, A20, and A21 You may erect stands 2 days before each apply. hunt, but you must remove them within 2 2. We allow hunting on the refuge during days after each hunt (see § 27.93 of this chap- State seasons for this zone through January ter). 31. We list specific hunting season dates an- 10. We prohibit horses and mules during nually in the refuge hunt brochure. We close refuge quota deer hunts. hunting during refuge quota deer hunts. We 11. We open spring archery turkey hunting annually publish dates for these quota deer during the State spring turkey season for hunts in the refuge hunt brochure. this zone. We do not open for fall archery 3. We do not open for spring squirrel hunt- turkey season. ing season and summer/early fall raccoon 12. We close spring archery turkey hunting hunting season on the refuge. during scheduled turkey quota gun hunts. 4. We prohibit possession of lead ammuni- 13. The refuge will conduct one 2-day, tion except that you may use rimfire rifle youth-only (age 15 and under at the begin- lead ammunition no larger than .22 caliber ning of the spring turkey season) quota for upland game hunting. We prohibit posses- spring turkey hunt and two 3-day quota sion of shot larger than that legal for water- spring turkey hunts (typically in April). Spe- fowl hunting. cific hunt dates and application procedures 5. You may use dogs for squirrel and rabbit will be available at the refuge office in Janu- hunting from December 1 through January ary. We restrict hunt participants to those 31. You may also use dogs for quail hunting selected for a quota permit, except that one and for raccoon/opossum hunting during nonhunting adult age 21 or older must ac- open season on the refuge for these species. company the youth hunter during the youth At other times, you must keep dogs and hunt. other pets on a leash or confine them (see 14. An adult age 21 or older must accom- § 26.21(b) of this chapter). pany and be within sight or normal voice C. Big Game Hunting. We allow hunting of contact of hunters age 15 and under. One white-tailed deer and turkey on designated adult may supervise no more than one youth areas of the refuge in accordance with State hunter. regulations subject to the following condi- 15. We prohibit the use of deer decoy(s). tions: D. Sport Fishing. We allow fishing, frogging, 1. Conditions A6, A8 through A11, A13 and the taking of crawfish for personal use through A18, A20, and A21 apply. on designated areas of the refuge in accord- 2. We allow archery deer hunting on the ance with State regulations subject to the refuge from the opening of the State season following conditions: for this deer management zone through Jan- 1. Conditions A6, A8, A9, A13, A16, and A18 uary 31. apply. 3. You must possess and carry a refuge 2. We prohibit fishing in the waterfowl hunt brochure permit to archery deer hunt, sanctuary area during the waterfowl hunting and multiple copies of these brochures are season, with the exception of the main chan- available at the refuge office, in brochure nel of the Ouachita River and the borrow

214

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.23

pits along Highway 82. We post the Water- hunter. We must receive applications for fowl Sanctuary area with ‘‘Area Closed’’ hunts by the last day of January. signs and identify those areas in refuge hunt 5. We only allow portable deer stands. You brochures. may erect stands 2 days before the start of 3. You must reset trotlines when receding the season and must remove the stands from water levels expose them. the refuge within 2 days after the season 4. We prohibit consumption or possession ends (see § 27.93 of this chapter). of opened container(s) of alcoholic bev- 6. You must permanently affix the owner’s erage(s) in parking lots, on roadways, and in name and address to all deer stands on the plain view in campgrounds (see § 32.2(j)). refuge. 7. We prohibit the use of dogs. HOLLA BEND NATIONAL WILDLIFE REFUGE 8. We prohibit marking trees or trails with plastic or paint. A. Migratory Game Bird Hunting. [Reserved] 9. We prohibit hunting from paved, grav- B. Upland Game Hunting. We allow hunting eled, and mowed roads and mowed trails (see of squirrel, rabbit, raccoon, opossum, beaver, § 27.31 of this chapter). armadillo, coyote, and bobcat on designated 10. We prohibit hunting with the aid of areas of the refuge in accordance with State bait, salt, or ingestible attractant (see regulations subject to the following condi- § 32.2(h)). tions: 11. We prohibit all forms of organized 1. We require refuge hunting permits. The drives. permits are nontransferable, and anyone on 12. You must check all game at the refuge refuge land in possession of hunting equip- check station. ment must sign, possess, and carry the per- D. Sport Fishing. We allow sport fishing in mits at all times. accordance with State regulations subject to 2. You may only take all upland game the following conditions: mentioned above during the refuge archery 1. Conditions B6, B7, B8, and B10 apply. season. 2. Waters of the refuge are only open for 3. We allow gun hunting of raccoon and fishing March 1 through October 31 during opossum with dogs every Thursday, Friday, daylight hours. and Saturday until legal sunrise during the 3. We do not require a permit to fish but do month of February. We prohibit pleasure require an entrance pass to the refuge. running or training of dogs (see § 26.21(b) of 4. We limit free-floating fishing devices, this chapter). trotlines, and tree limb devices to 20 per per- 4. You must unload and case firearms (see son. Each device must have the angler’s § 27.42(b) of this chapter) when traveling in name and address. vehicles on refuge roads. 5. You must reset trotlines and limb lines 5. We prohibit target practice or any non- when receding water levels expose them. hunting discharge of firearms (see § 27.42(a) 6. We prohibit leaving trotlines and other of this chapter). self-fishing devices overnight or unattended. 6. We prohibit possession or use of alco- 7. We only allow bow fishing during day- holic beverages. light hours during August. 7. We only allow ATVs for disabled hunters 8. We prohibit commercial fishing. with a refuge ATV permit. 9. We prohibit possessing turtles (see § 27.21 8. We prohibit the use of horses. of this chapter). 9. We prohibit hunting from a vehicle. 10. We prohibit hovercraft, personal 10. We only allow vehicle use on estab- watercraft (Jet Skis, etc.), and airboats. lished roads and trails (see § 27.31 of this chapter). OVERFLOW NATIONAL WILDLIFE REFUGE 11. Hunters must enter and exit the refuge A. Migratory Game Bird Hunting. We allow from designated roads and parking areas. hunting of duck, goose, coot, and woodcock 12. We prohibit hunting within 150 feet (45 on designated areas of the refuge in accord- m) of roads and trails open to public use. ance with State regulations subject to the C. Big Game Hunting. We allow hunting of following conditions: deer and turkey on designated areas of the 1. We allow hunting of duck, goose, and refuge in accordance with State regulations coot during the State duck season. We do not subject to the following conditions: open during the September teal season. We 1. Conditions B1 and B4 through B12 apply. allow hunting of woodcock during the State 2. Archery/crossbow season for deer and season. turkey begins October 1 and continues 2. Hunting of duck, goose, and coot ends at through November 30. 12 p.m. (noon) each day. 3. Spring archery/crossbow season for tur- 3. We only allow portable blinds. You must key has the same dates as the State season. remove portable blinds, boats, and decoys 4. The firearms spring youth hunt for tur- from the hunt area each day (see § 27.93 of key is the same as the State. We restrict this chapter). hunting to youths under age 16. One adult 4. You may only possess approved nontoxic age 18 or older must accompany one youth shotshells (see § 32.2(k)) in quantities of 25 or

215

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

less per day during waterfowl hunting sea- ter) open to motor vehicle use (including son; hunters may not discharge more than 25 ATV trails). shells per day. 15. We prohibit target practice with any 5. We close areas of the refuge by posting weapon or any nonhunting discharge of ‘‘Area Closed’’ signs and/or marking with weapons (see § 27.42 of this chapter). purple paint and identifing on the refuge 16. We prohibit blocking of gates and road- hunt brochure map as Sanctuary to all pub- ways (see § 27.31(h) of this chapter). lic entry and public use. Exception: we open 17. You may take beaver, nutria, feral hog, the area identified as North Sanctuary on and coyote during any daytime refuge hunt refuge hunt brochure map to all authorized with weapons and ammunition legal for that public use activities from 2 days prior to hunt. There is no bag limit. We prohibit opening of deer archery season through Octo- transportation of live hogs. ber 31. 18. We allow retriever dogs. 6. No person will utilize the services of a 19. We require you to unload and case fire- guide, guide service, outfitter, club, organi- arms (see § 27.42(b) of this chapter) trans- zation, or other person who provides equip- ported in any land vehicle, boat under power, ment, services, or assistance on Refuge Sys- or on horses. We define ‘‘loaded’’ as shells in tem lands for compensation. Failure to com- the gun or cap on a muzzleloader. ply with this provision subjects each hunter 20. We prohibit the use or possession of any in the party to a fine if convicted of this vio- electronic call or other electronic device lation. used for producing or projecting vocal sounds 7. We require a refuge hunt brochure per- of any wildlife species. mit that is available in unlimited quantities B. Upland Game Hunting. We allow hunting at the refuge office, brochure dispensers at of quail, squirrel, rabbit, raccoon, opossum, multiple locations throughout the refuge, beaver, nutria, and coyote on designated and at area businesses. You must possess and areas of the refuge in accordance with State carry a signed permit when hunting on the regulations subject to the following condi- refuge. 8. We prohibit possession and/or use of her- tions: bicides (see § 27.51 of this chapter). 1. Conditions A4 through A17, A19, and A20 9. We prohibit marking of trails with tape, apply. ribbon, paint, or any other substance other 2. We allow hunting during State seasons than biodegradable materials. (see State regulations for the appropriate 10. We prohibit possession or use of alco- zone) for the species listed above through holic beverage(s) while hunting (see § 32.2(j)). January 31. We list specific hunting season We prohibit consumption or possession of dates annually in the refuge hunt brochure. opened container(s) of alcoholic beverage(s) 3. We do not open for the spring squirrel in parking areas and on roadways. season and summer/fall racoon hunting sea- 11. All persons born after 1968 must possess son. and carry a valid hunter education card in 4. We prohibit possession of lead ammuni- order to hunt. tion except that you may use rimfire rifle 12. All youth hunters age 15 and younger lead ammunition no larger than .22 caliber must remain within sight and normal voice for upland game hunting. We prohibit posses- contact of an adult age 21 or older, pos- sion of shot larger than that legal for water- sessing a license. One adult may supervise no fowl hunting. more than two youth hunters. 5. You may use dogs for squirrel and rabbit 13. We only allow ATVs for wildlife-depend- hunting January 1 through 31. You may also ent activities such as hunting and fishing. use dogs for quail hunting and for raccoon/ We restrict ATVs to designated times and opossum hunting during open season. At designated trails (see § 27.31 of this chapter) other times, you must keep dogs and other marked with signs and paint. We identify pets on a leash or confined (see § 26.21(b) of those trails and the dates they are open for this chapter). use in the refuge hunt brochure. We limit C. Big Game Hunting. We allow hunting of ATVs to those having an engine displace- white-tailed deer and turkey on designated ment size not exceeding 700cc. We limit ATV areas of the refuge in accordance with State tires to those having a centerline lug depth regulations subject to the following condi- not exceeding 1 inch (2.5 cm). You may use tions: horses on roads and ATV trails (when open 1. Conditions A5 through A11, A13 through to motor vehicle and ATV traffic respec- A17, A19, and A20 apply. tively) as a mode of transportation for on- 2. Conditions A5 through A11, A13 through refuge, wildlife-dependent activities. You A17, and A19 apply. may use ATVs on unmarked roads and levees 3. We allow muzzleloader deer hunting dur- in the North Sanctuary beginning 2 days ing the October State muzzleloader season prior to the opening of deer archery season for this zone (see State regulations for ap- through October 31. propriate zone). 14. We prohibit hunting within 150 feet (45 4. Bag limit for the October muzzleloader m) of roads and trails (see § 27.31 of this chap- deer hunt is one buck and one doe.

216

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.23

5. We only allow portable deer stands. You 9. All persons born after 1968 must possess may erect stands 2 days before each hunt, a valid hunter education card in order to but you must remove them within 2 days hunt. after each hunt (see § 27.93 of this chapter). 10. All youth hunters age 15 and younger 6. We prohibit horses and mules during the must remain within sight and normal voice muzzleloader deer hunt. contact of an adult age 21 or older, pos- 7. We allow spring archery turkey hunting sessing a license. One adult may supervise no during the State spring turkey season. See more than two youth hunters. State regulations for appropriate zones. 11. We only allow ATVs for wildlife-depend- 8. We do not open for the fall turkey arch- ent activities such as hunting and fishing. ery season and spring turkey gun season. We restrict ATVs to designated times and designated trails (see § 27.31 of this chapter) 9. We do not open for the gun deer season marked with signs and paint. We identify and December muzzleloader deer season. those trails and the dates they are open for 10. An adult age 21 or older must accom- use in the refuge hunt brochure. We limit pany and be within sight and normal voice ATVs to those having an engine displace- contact of hunters age 15 and under. One ment size not exceeding 700cc. We limit ATV adult may supervise no more than one youth tires to those having a centerline lug depth hunter. not exceeding 1 inch (2.5 cm). You may use 11. We prohibit the use of deer decoy(s). horses on roads and ATV trails (when open D. Sport Fishing. [Reserved] to motor vehicle and ATV traffic respectively) as a mode of transportation for on- POND CREEK NATIONAL WILDLIFE REFUGE refuge, wildlife-dependent activities. A. Migratory Game Bird Hunting. We allow 12. We prohibit hunting within 150 feet (45 hunting of duck, coot, and goose on des- m) of roads and trails (see § 27.31 of this chap- ignated areas of the refuge in accordance ter) open to motor vehicle use (including with State regulations subject to the fol- ATV trails). lowing conditions: 13. We prohibit target practice with any 1. We allow hunting of migratory game weapon or any nonhunting discharge of fire- birds during the State duck seasons, except arms (see § 27.42 of this chapter). we close during scheduled quota refuge Gun 14. We only allow camping at designated Deer Hunts. Dates for quota deer hunts are primitive campground sites identified in the typically in November, and we publish them refuge hunt brochure. We restrict camping to annually in the refuge hunt brochure. We do the individuals involved in refuge wildlife- not open for the September teal season. dependent activities. Campers may stay no more than 14 days during any consecutive 30- 2. Hunting ends at 12 p.m. (noon) each day. day period in a campground and must occupy 3. We only allow portable blinds. You must the camps daily. We prohibit all disturb- remove portable blinds, boats, and decoys ances, including use of generators, after 10 from the hunt area each day (see § 27.93 of p.m. You must unload all weapons (see this chapter). § 27.42(b) of this chapter) within 100 yards (90 4. No person will utilize the services of a m) of a campground. guide, guide service, outfitter, club, organi- 15. You may take beaver, nutria, feral hog, zation, or other person who provides equip- and coyote during any daytime refuge hunt ment, services, or assistance on Refuge Sys- with weapons and ammunition allowed for tem lands for compensation. Failure to com- that hunt. We prohibit the use of dogs. There ply with this provision subjects each hunter is no bag limit. You may not transport live in the party to a fine if convicted of this vio- hogs. lation. 16. We prohibit blocking of gates and road- 5. We require a refuge hunt brochure per- ways (see § 27.31(h) of this chapter). mit; multiple copies of this permit are avail- 17. We allow the use of retriever dogs. able at the refuge office, brochure dispensers 18. You must unload and case firearms (see at multiple locations throughout the refuge, § 27.42(b) of this chapter) transported in any and at area businesses. You must possess and land vehicle, boat under power, or on horses. carry a signed permit when hunting on the We define ‘‘loaded’’ as shells in the gun or refuge. cap on a muzzleloader. 6. We prohibit possession and/or use of her- 19. We prohibit the use or possession of any bicides (see § 27.51 of this chapter). electronic call or other electronic device 7. We prohibit marking trails with tape, used for producing or projecting vocal sounds ribbon, paint, or any other substance other of any wildlife species. than biodegradable materials. B. Upland Game Hunting. We allow hunting 8. We prohibit possession or use of alco- of squirrel, rabbit, raccoon, opossum, and holic beverage(s) while hunting (see § 32.2(j)). beaver on designated areas of the refuge in We prohibit consumption or possession of accordance with State regulations subject to opened container(s) of alcoholic beverage(s) the following conditions: in parking lots, on roadways, and in plain 1. We allow hunting during State seasons view in campgrounds. (see State regulations for appropriate zone)

217

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

for the species listed above through January 11. We close spring archery turkey hunting 31. We annually list specific hunting season during scheduled turkey quota permit gun dates and quota Gun Deer Hunt dates in the hunts. refuge hunt brochure. We close upland game 12. The refuge will conduct one 2-day, hunting during refuge quota Gun Deer youth-only (age 15 and younger at the begin- Hunts. ning of the spring turkey season) quota 2. We do not open to spring squirrel season spring turkey hunt and one 3-day spring and summer/early fall racoon season. quota turkey hunt (typically in April). Spe- 3. Conditions A4 through A16, A18, and A19 cific hunt dates and application procedures apply. will be available in January. We restrict 4. We prohibit possession of lead ammuni- hunt participants on these hunts to those drawn for a quota permit, except that during tion, except that you may use rimfire rifle the youth hunt, a nonhunting adult age 21 or lead ammunition no larger than .22 caliber older must accompany the youth hunter. for upland game hunting. We prohibit posses- 13. We prohibit the use of buckshot for gun sion of shot larger than that legal for water- deer hunting. fowl hunting. 14. You may only use portable deer stands 5. You may use dogs for squirrel and rabbit erected 2 days before each hunt, but you hunting December 1 through January 31. You must remove them within 2 days after each may also use dogs for raccoon/opossum hunt- hunt (see § 27.93 of this chapter). ing during open season on the refuge for 15. An adult age 21 or older must accom- these species. At other times you must keep pany and be within sight and normal voice dogs and other pets on a leash or confined contact of hunters age 15 and under. One (see § 26.21(b) of this chapter). adult may supervise no more than one youth C. Big Game Hunting. We allow hunting of hunter during big game hunts. white-tailed deer and turkey on designated 16. We prohibit the use of deer decoy(s) areas of the refuge in accordance with State D. Sport Fishing. We allow fishing, frogging, regulations subject to the following condi- and the taking of crawfish for personal use tions: on designated areas of the refuge in accord- 1. We allow archery deer hunting on the ance with State regulations subject to the refuge from the opening of the State season following conditions: through January 31 (see State regulations 1. You must reset trotlines when exposed for appropriate zone). by receding water levels. 2. Conditions A4, A5 (for archery deer and 2. Conditions A4, A6, A7, A11, A14, and A16 muzzleloader deer hunts and spring turkey apply. hunts), A6 through A9, A11 through A16, A18, 3. We prohibit consumption or possession and A19 apply. of opened container(s) of alcoholic bev- 3. We close archery deer hunting during erage(s) in parking lots, on roadways, and in the quota Gun Deer Hunts. plain view in campgrounds (see § 32.2(j)). 4. We allow muzzleloader deer hunting dur- WAPANOCCA NATIONAL WILDLIFE REFUGE ing the October State muzzleloader season for this deer management zone. The bag A. Migratory Game Bird Hunting. We allow limit for the October refuge muzzleloader hunting of snow geese on designated areas of hunt is one buck and one doe. the refuge in accordance with State regula- 5. The refuge will conduct one 2-day quota tions subject to the following conditions: Gun Deer Hunt (typically in November). 1. We require refuge hunting permits. The permits are nontransferable and anyone on 6. We restrict hunt participants for this refuge land in possession of hunting equip- quota Gun Deer Hunt to those drawn for a ment must sign and carry them at all times. quota permit. Hunt dates and application 2. We provide annual season dates on the procedures will be available at the refuge of- hunt brochure/permit. fice in July. The permits are nontransfer- 3. You must sign in prior to the hunt and able. sign out after the hunt at the Hunter Infor- 7. The quota Gun Deer Hunt bag limit is mation Station. one buck and one doe. 4. You must adhere to all public use special 8. You must check all deer taken during conditions and regulations on the annual the quota hunt at the refuge deer check sta- hunt brochure/permit. tion on the same day of kill. You must keep B. Upland Game Hunting. We allow hunting carcasses of deer taken intact (you may re- of squirrel, rabbit, raccoon, nutria, beaver, move entrails) until checked. coyote, feral hog, and opossum in accordance 9. We prohibit horses and mules during ref- with State regulations subject to the fol- uge muzzleloader and quota deer hunts. lowing conditions: 10. We open spring archery turkey hunting 1. Conditions A1, A3, and A4 apply. during the State spring turkey season for 2. We allow shotguns using approved this zone. The State bag limit for this tur- nontoxic shot (see § 32.2(k)) and .22 long-rifle key hunt applies. We do not open for fall caliber rifles. We prohibit possession of lead archery turkey season. shot and .22 magnum caliber rifles.

218

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.23

3. We provide annual season dates for 8. You must use the public boat ramp off squirrel, rabbit, raccoon, and opossum hunt- Highway 77 to launch boats into Wapanocca ing on the hunt brochure/permit. Lake. 4. You may take nutria, beaver, feral hog, 9. You must remove all boats daily from and coyote during any refuge hunt with the the refuge (see § 27.93 of this chapter). We firearm allowed for that hunt, subject to prohibit airboats, personal watercraft, and State seasons on these species. hovercraft. 5. We prohibit dogs except for raccoon hunting where we require them. We prohibit WHITE RIVER NATIONAL WILDLIFE REFUGE pleasure running or training of dogs. A. Migratory Game Bird Hunting. We allow 6. We allow raccoon hunters to use horses/ hunting of duck and coot on designated areas mules but prohibit their use by other refuge of the refuge in accordance with State regu- hunters and visitors. lations subject to the following conditions: 7. We prohibit hunting from or within 50 1. You must sign, possess, and carry a ref- yards (45 m) of graveled roads and within 150 uge permit. yards (135 m) of refuge buildings. 2. We allow duck hunting from legal sun- C. Big Game Hunting. We allow hunting of rise until 12 p.m. (noon). big game on designated areas of the refuge in 3. We allow retriever dogs. accordance with State regulations subject to 4. You must remove blinds, blind material, the following conditions: and decoys (see § 27.93 of this chapter) from 1. Conditions A1 and A4 and B4 apply. the refuge by 1 p.m. each day. 2. We prohibit hunting from or within 50 5. North Unit waterfowl season and youth yards (45 m) of graveled roads and within 150 waterfowl hunts are concurrent with State yards (135 m) of refuge buildings. season dates. 3. We specify annual season dates, bag lim- 6. You may take coot, goose, and woodcock its, and hunting methods on the annual during the State season. hunting brochure/permit. 7. We restrict the South Unit waterfowl 4. Immediately record the deer zone 640 on season to the Jack’s Bay hunt area as indi- the hunter’s license and later on official cated in the general user permit. It is open check station records upon harvest of a deer. every Tuesday, Thursday, Saturday, and 5. You must sign in prior to the hunt and Sunday of the concurrent State season dates. sign out after the hunt at the Hunter Infor- 8. Waterfowl hunters may and access the mation Station. You must check harvested refuge no earlier than 4:30 a.m. deer at this location. 9. The following refuge users (age 16 or 6. We prohibit dogs. older) must sign and possess and carry a ref- 7. We allow only single-person portable uge general user permit and a refuge fee per- tree stands. You may place tree stands on mit ($12.00): hunters, anglers, campers, and the refuge 2 days before the hunt but must ATV users. remove them within 2 days after the hunt. 10. We prohibit boating December 1 You must permanently affix the owner’s through January 31 in the South Unit Water- name and address on stands left on the ref- fowl Hunt Area, except during designated uge. waterfowl hunt days between 5 a.m. and 1 8. We prohibit possession of or marking p.m. trails with materials other than biodegrad- 11. We prohibit marking trails with mate- able paper/flagging or reflective tape/tacks. rials other than biodegradable paper flagging 9. We prohibit ATVs. or reflective tape/tacks. D. Sport Fishing. We allow fishing on des- 12. We prohibit use and/or possession of al- ignated areas of the refuge in accordance coholic beverages while hunting (see with State regulations subject to the fol- § 32.2(j)). lowing conditions: 13. We prohibit cutting of holes in or other 1. We allow fishing from March 15 through manipulation of vegetation or hunting in October 31 from 1⁄2 hour before legal sunrise such areas (see § 27.51 of this chapter). to 1⁄2 hour after legal sunset. 14. We prohibit waterfowl hunting on Kan- 2. We prohibit fishing in Big Creek and sas Lake Area. other ditches that flow through the refuge. 15. We prohibit loaded weapons in a vehicle 3. We prohibit the possession or use of live or boat while under power (see § 27.42(b) of carp, shad, buffalo, or goldfish for bait. this chapter). We define ‘‘loaded’’ as a muz- 4. We prohibit the possession or use of yo- zleloader containing a cap or any type of ig- yos, jugs, or other floating containers, drops nition device, cartridges, or shells in a maga- or limb lines, trotlines, or commercial fish- zine, or cartridges or shells in a chamber of ing tackle. a weapon. 5. We prohibit fishing within 100 yards (90 16. We allow duck hunting on specific scat- m) of any refuge building. tered tracts of land, in accordance with the 6. We allow bank fishing but you must North Unit regulations. Consult the refuge park vehicles in designated parking areas. office for further information. 7. We prohibit the taking of frogs, mol- B. Upland Game Hunting. We allow hunting lusks, and turtles (see § 27.21 of this chapter). of squirrel, rabbit, beaver, coyote, raccoon,

219

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.23 50 CFR Ch. I (10–1–06 Edition)

and opossum on designated areas of the ref- 12. If you harvest deer and turkey on the uge in accordance with State regulations refuge, you must immediately record the subject to the following conditions: zone 660 on your hunting license and later at 1. Conditions A1, A8, A10, A11, A12, and A14 an official check station. apply. 13. We prohibit muzzleloader and modern 2. You may hunt rabbit and squirrel on the gun deer hunting in the Kansas Lake Area North Unit during the concurrent State sea- after October 30 of each year. son dates until January 31. 14. We close refuge lands on the North Unit 3. We allow dogs for hunting of rabbit and to all deer hunting and fall turkey hunting squirrel December 1 through January 31 on when the White River gauge reading at St. the North Unit. Charles reaches 23 feet (8.4 m), as reported by 4. You may hunt rabbit and squirrel on the the National Weather Service in the Arkan- South Unit from the beginning of the con- sas Democrat Gazette, and will reopen these current State season through November 30. lands when the same gauge reading in this 5. We prohibit dogs on the South Unit for newspaper falls to or below 21 feet (6.3 m). the purpose of squirrel or rabbit hunting. 15. We close refuge lands on the South Unit 6. You may only possess approved nontoxic to all deer hunting and fall turkey hunting shot when hunting upland game, except tur- when the White River gauge reading at St. key (see § 32.2(k)). We allow the possession of Charles reaches 23 feet (8.4 m) and the gauge lead shot for hunting turkey. at Lock and Dam # 1 reaches 145 feet (43.5 m) simultaneously as reported by news release 7. We close all upland game hunts during and will reopen these lands when the same quota modern gun and quota muzzleloader gauge reading reaches 21 feet (6.3 m) and 143 deer hunts. feet (42.9 m), respectively, as reported by 8. We allow spring squirrel hunting with news release. the concurrent State spring season dates. 16. We restrict access and refuge use during C. Big Game Hunting. We allow the hunting quota hunts to quota permit holders. We re- of white-tailed deer and turkey on des- quire a quota permit for all use during quota ignated areas of the refuge in accordance deer hunts. with State regulations subject to the fol- 17. We prohibit hunting with the aid of lowing conditions: bait, salt, or ingestible attractant (see 1. Conditions A1, A8, A10, A11, A12, and A14 § 32.2(h)). apply. 18. We prohibit the use of dogs and/or 2. Archery deer and turkey seasons on the horses other than specified in the general North Unit will begin with the concurrent user permit. State archery season and end January 31. 19. We prohibit all forms of organized 3. Archery deer and turkey seasons on the drives. South Unit will begin with the concurrent 20. We prohibit firearm hunting from or State archery season and end November 30. across roadways, levees, and maintained 4. Modern gun quota deer season is the utility rights-of-way for deer only. first 3 days of the State season for the North 21. We prohibit hunting from a tree in and South Units. We require a quota permit. which a metal object has been driven to sup- You may take one deer of either sex. port a hunter. 5. The muzzleloader quota deer season is 22. We prohibit leaving a hunt stand after the first 3 days of the State season for the a hunt season. North and South units. We require a quota 23. We prohibit target practice or any non- permit. You may take one deer of either sex. hunting discharge of firearms (see § 27.42 of 6. We allow modern guns on the North Unit this chapter). as per dates indicated in the general user 24. We prohibit modern gun and muzzle- brochure. We only allow take of one legal loader deer hunting on Kansas Lake Area buck. after October 30. 7. You may only hunt the North and South 25. You may take beaver, nutria, and feral Unit by muzzleloader with a quota hunt per- hog incidental to any daytime refuge hunt mit. You may only take one deer of either with weapons allowed for that hunt. sex. We list the season in the refuge hunt D. Sport Fishing. We allow fishing and brochure/permit. frogging on desigated areas of the refuge in 8. We allow muzzleloader guns on the accordance with State regulations subject to North Unit for 6 consecutive days following the following conditions: the 3-day muzzleloader quota hunt. 1. Conditions A8 and A10 apply. 9. State deer limits apply to archery hunt- 2. We allow fishing year-round in LaGrue, ing season except during the refuge muzzle- Essex, Prairie, Scrubgrass and Brooks Bay- loader and modern gun season. ous, Big Island Chute, Moon and Belknap 10. We close all nonquota hunting during Lakes next to Arkansas Highway 1, Indian the quota deer hunts. Bay, the Arkansas Post Canal and adjacent 11. We do not open to the bear season on all drainage ditches; those borrow ditches lo- refuge-owned lands, including those lands in cated adjacent to the west bank of that por- Trusten Holder Wildlife Management Area. tion of the White River Levee north of the

220

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.24

Arkansas Power and Light Company 1. Air-thrust and inboard waterthrust powerline right-of-way; and all refuge-owned boats are not permitted. waters located north of Arkansas Highway 1. 2. You may possess only approved nontoxic We open all other refuge waters to sport fish- shot while in the field. ing from March 1 through November 30 un- B. Upland Game Hunting. [Reserved] less posted otherwise. C. Big Game Hunting. Hunting of pronghorn 3. We require a refuge Special Use Permit antelope is permitted on the controlled ‘‘U’’ to fish with any type tackle other than hook Unit of the refuge subject to the following and line. conditions: 4. We allow frogging on all refuge-owned 1. Hunters may hunt only in the unit for waters open for sport fishing as follows: We nine (9) consecutive days beginning on the allow frogging on the South Unit from the first Saturday following the third Wednesday beginning of the State season through No- in August. vember 30; we allow frogging on the North Unit for the entire State season. 2. Access to the unit is permitted only 5. We allow the use of bow and arrow for through the gate located on Clear Lake taking bullfrogs or fish by a refuge Special Road. Use Permit. D. Sport Fishing. [Reserved] 6. We allow crawfishing. 7. We require a Special Use Permit for all COLUSA NATIONAL WILDLIFE REFUGE commercial fishing on the refuge in addition A. Migratory Game Bird Hunting. We allow to compliance with State regulations gov- hunting of goose, duck, coot, moorhen, and erning commercial fishing. snipe on designated areas of the refuge in ac- 8. We allow commercial fishing on the cordance with State regulations subject to North Unit year-round. We prohibit commer- the following conditions: cial turtling on both the North and South 1. You may only possess approved nontoxic Units year-round. shot while in the field (see § 32.2(k)). 9. We allow commercial fishing on the 2. Each hunter may not possess more than South Unit October 1 through November 30 25 shells while in the field. and annually when the White River exceeds 3. Access to the hunt area is by foot traffic 23.5 feet (7 m) at the St. Charles, Arkansas only. We prohibit bicycles and other convey- gauge. ances. 10. We prohibit take or possession of any freshwater mussels, and we do not open to 4. We prohibit building or maintaining mussel shelling. fires (see § 27.95 of this chapter), except in 11. You must reset trotlines when receding portable gas stoves. water levels expose them, and you cannot 5. You may only enter or exit at designated leave them unattended. The ends of trotlines locations (see § 27.31 of this chapter). must consist of a length of cotton line that 6. Vehicles may only stop at designated extends from the points of attachment into parking areas (see § 27.31 of this chapter). We the water. prohibit the dropping of passengers or equipment or stopping between designated park- [58 FR 5064, Jan. 19, 1993, as amended at 58 ing areas. FR 29073, May 18, 1993; 59 FR 6689, Feb. 11, 7. We only allow overnight stays in vehi- 1994; 59 FR 55184, Nov. 3, 1994; 60 FR 62040, cles, motor homes, and trailers at the check Dec. 4, 1995; 61 FR 45366, Aug. 29, 1996; 61 FR station parking area. 46393, Sept. 3, 1996; 62 FR 47376, Sept. 9, 1997; 8. You must restrain dogs on a leash within 65 FR 30778, May 12, 2000; 65 FR 56400, Sept. all designated parking areas (see § 26.21(b) of 18, 2000; 68 FR 57316, Oct. 2, 2003; 69 FR 54362, this chapter). 54365, Sept. 8, 2004; 69 FR 55995, Sept. 17, 2004; B. Upland Game Hunting. We allow hunting 70 FR 54160, Sept. 13, 2005] of pheasant only in the free-roam areas of § 32.24 California. the refuge in accordance with State regulations subject to the following conditions: The following refuge units have been 1. Conditions A1 through A8 apply. opened for hunting and/or fishing, and 2. Mobility-impaired hunters should con- are listed in alphabetical order with sult with the refuge manager for allowed applicable refuge-specific regulations. conveyances. C. Big Game Hunting. [Reserved] CIBOLA NATIONAL WILDLIFE REFUGE D. Sport Fishing. [Reserved] Refer to § 32.22 Arizona for regulations. DELEVAN NATIONAL WILDLIFE REFUGE CLEAR LAKE NATIONAL WILDLIFE REFUGE A. Migratory Game Bird Hunting. We allow A. Migratory Game Bird Hunting. Hunting of hunting of goose, duck, coot, moorhen, and geese, ducks, coots, moorhens, and snipe is snipe on designated areas of the refuge in ac- permitted on designated areas of the refuge cordance with State regulations subject to subject to the following conditions: the following conditions:

221

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.24 50 CFR Ch. I (10–1–06 Edition)

1. You must unload firearms while trans- ignated areas of the refuge in accordance porting them between parking areas and with State regulations subject to the fol- spaced blind areas. lowing conditions: 2. We do not allow snipe hunting in the 1. We allow hunting in tidal areas, includ- spaced blind areas. ing salt marshes, sloughs, mudflats, and 3. We restrict hunters assigned to the open waters of the San Francisco Bay. Un- spaced blind area to within 100 feet (30 m) of less posted in the field and/or noted below, their assigned hunt site except for retrieving we allow hunting by boat in all refuge tidal downed birds, placing decoys, or traveling to areas up to the mean high-water line. We and from the area. close the following tidal areas to hunting 4. Access to the hunt area is by foot traffic and/or shooting: only. We do not allow bicycles and other con- i. Newark Slough to hunting and shooting veyances. Mobility-impaired hunters should from its source to Hetch-Hetchy Aqueduct, a consult with the Refuge Manager for allowed distance of 31⁄2 miles (5.6 km); conveyances. ii. Dumbarton Point Marsh to the Hetch- 5. You may possess no more than 25 shells Hetchy Aqueduct (west side of Newark while in the field. Slough); and 6. You may possess only approved nontoxic iii. The headwaters of Mallard Slough (Ar- shot while in the field. tesian Slough) in the vicinity of the Environ- 7. No person may build or maintain fires, mental Education Center to hunting, as des- except in portable gas stoves. ignated by posted signs. 8. You may enter or exit only at designated 2. We allow hunting in the 17 salt evapo- locations. ration ponds listed below. These ponds are 9. Vehicles may stop only at designated surrounded by levees and were formerly part parking areas. We prohibit the dropping of of the San Francisco Bay. We have not passengers or equipment, or stopping be- opened any other ponds. tween designated parking areas. i. Ponds R1 and R2 in the Ravenswood 10. We only allow overnight stays in vehi- Unit. These ponds are located on the west cles, motor homes, and trailers at the check side of the Dumbarton Bridge between station parking area. Ravenswood Slough and Highway 84. You 11. You must restrain dogs on a leash with- may access these ponds only by foot or bicy- in all designated parking areas (see § 26.21(b) cle from either of two trailheads off Highway of this chapter). 84. We prohibit hunting within 300 feet (90 m) B. Upland Game Hunting. We allow hunting of Highway 84. These ponds will be open 7 of pheasant only in the free-roam areas of days a week. the refuge in accordance with State regula- ii. Ponds M1, M2, M3, M4, M5, M6, and A19 tions subject to the following conditions: in the Mowry Slough Unit. These ponds are 1. We do not allow pheasant hunting in the located on the east side of the Bay between spaced blind area except during a special 1- Mowry Slough and Coyote Creek. You may day-only pheasant hunt on the first Monday only access these ponds by boat. You may after the opening of the State pheasant land your boat at specific points on the Bay hunting season. side of the levee as designated by refuge 2. You may possess only approved nontoxic signs. You may pull your boat across the shot while in the field. levee from the Bay. We prohibit hunting 3. Access to the hunt area is by foot traffic within 300 feet (90 m) of the Union Pacific only. We do not allow bicycles and other con- Railroad track. These ponds will be open 7 veyances. Mobility-impaired hunters should days a week. consult with the Refuge Manager for allowed iii. Ponds AB1, A2E, AB2, A3N, and A3W in conveyances. the Alviso Unit. These ponds are located on 4. You may possess no more than 25 shells the west side of the Bay between Stevens while in the field. Creek and Guadalupe Slough. You must ob- 5. No person may build or maintain fires, tain a refuge Special Use Permit to hunt except in portable gas stoves. these ponds. Access to Ponds AB1 and A2E 6. You may enter or exit only at designated will be from the Crittenden Lane Trailhead locations. in Mountain View. Access to Ponds A3W will 7. Vehicles may stop only at designated be from the Carl Road Trailhead in Sunny- parking areas. We prohibit the dropping of vale. Access to Ponds A3N and AB2 is by boat passengers or equipment, or stopping be- from the other ponds. We allow hunting only tween designated parking areas. from existing hunting blinds. We allow hunt- 8. Conditions A10 and A11 apply. ing only on Wednesdays, Saturdays, and C. Big Game Hunting. [Reserved] Sundays on these ponds. D. Sport Fishing. [Reserved] iv. Ponds A5, A7, and A8N in the Alviso Unit. These ponds are located on the south DON EDWARDS SAN FRANCISCO BAY NATIONAL end of the Bay between Guadalupe Slough WILDLIFE REFUGE and Alviso Slough. You must obtain a refuge A. Migratory Game Bird Hunting. We allow Special Use Permit to hunt these ponds. Ac- hunting of goose, duck, and coot on des- cess is via walking and bicycling from the

222

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.24

Gold Street gate in Alviso. We allow hunting C. Big Game Hunting. [Reserved] from existing hunting blinds and by walking D. Sport Fishing. We allow fishing on des- pond levees. We allow hunting only on ignated areas of the refuge in accordance Wednesdays, Saturdays, and Sundays on with State regulations subject to the fol- these ponds. lowing conditions: 3. During the 2 weekends before the open- 1. We allow fishing from land at the Coyote ing of the hunt season, you may bring a boat Creek Lagoon in Fremont, the Faber- into Ponds AB1, A2E, AB2, A3N, A3W, A5, A7, Laumeister Unit in East Palo Alto, the and A8N and moor it at a designated site Dumbarton Fishing Pier, and along the San only if authorized by a valid refuge Special Francisco Bay shoreline within 1⁄2 mile (0.8 Use Permit. These boats will be used to ac- km) of the Dumbarton Fishing Pier. We also cess the hunting blinds and will stay in the allow fishing from boats in the Bay and pond during the hunt season. You must re- major slough channels. We close Mallard move your boat within 2 weeks following the Slough to boats from March 1 through Au- close of the hunt season. We allow non- gust 31, and we close Mowry Slough from motorized boats and motorized boats pow- March 15 to June 15. We prohibit fishing in ered by electric or 4-stroke gasoline motors salt evaporation ponds or marshes. only. 2. We open fishing areas daily (except we 4. You may maintain an existing blind in close the Dumbarton Fishing Pier and adja- the ponds open to hunting if you have a valid cent shoreline on Thanksgiving, Christmas, refuge Special Use Permit, but the blind will and New Year’s Day). We open the be open for general use on a first-come, first- Dumbarton Fishing Pier from 7 a.m. to 6 served basis. We prohibit pit blinds or p.m. November 1 through March 31 and 7 a.m. digging into the levees (see § 27.92 of this to 8 p.m. April 1 through October 31. We open chapter). Coyote Creek Lagoon and Faber-Laumeister 5. You must remove all decoys and other Unit from legal sunrise to legal sunset. personal property (except personal boats au- 3. We prohibit the collection of bait of any thorized by a refuge Special Use Permit) type from the refuge except from the from the refuge by legal sunset. You must Dumbarton Fishing Pier, where it is legal to remove all trash, including shotshell hulls, collect bait for noncommercial purposes. when leaving hunting areas (see §§ 27.93 and 4. We prohibit the use of balloons to float 27.94 of this chapter). hooks and bait farther than hand casting. 6. Hunters may enter closed areas of the 5. We prohibit personal watercraft (e.g., Jet refuge to retrieve downed birds, provided Skis, waterbikes) on the refuge. they leave all weapons in a legal hunting area. We encourage the use of retriever dogs. HAVASU NATIONAL WILDLIFE REFUGE You must keep your dog(s) under immediate control of the handler at all times (see Refer to § 32.22 Arizona for regulations. § 26.21(b) of this chapter). Dogs must remain HUMBOLDT BAY NATIONAL WILDLIFE REFUGE inside a vehicle or be on a leash until they are on the ponds or on the levees (Ponds R1, A. Migratory Game Bird Hunting. We allow 2, A5, 7, and 8N only) as a part of the hunt. hunting of goose, duck, coot, common 7. You may possess only approved nontoxic moorhen, and snipe on designated areas of shot while in the field (see § 32.2(k)). the refuge in accordance with State regula- 8. You must keep firearms unloaded (see tions subject to the following conditions: § 27.42(b) of this chapter) until you are within 1. We require adults age 18 or older to ac- the designated hunt area. company youth hunters age 16 and under. No 9. We prohibit target practice on the refuge more than three youth hunters may accom- or any nonhunting discharge of firearms (see pany one adult hunter. § 27.42 of this chapter). 2. You may only possess approved nontoxic 10. At the Ravenswood Unit only, we only shot while in the field (see § 32.2(k)). allow portable blinds or construction of tem- 3. We prohibit public access into or porary blinds of natural materials that read- through closed areas and designate closed ily decompose. We prohibit collection of areas as nonretrieval zones. these natural materials from the refuge (see 4. You may only use portable blinds in the § 27.51 of this chapter). You must remove free-roam hunting areas (i.e., all hunt areas portable blinds (see §§ 27.93 and 27.94 of this except Salmon Creek Unit). chapter) by legal sunset. Temporary blinds 5. You must remove all blinds, decoys, become available for general use on a first- shell casings, and other personal equipment come, first-served basis on subsequent days. and refuse from the refuge at the end of each We prohibit permanent blinds, pit blinds, or day (see §§ 27.93 and 27.94 of this chapter) . digging into the levees (see § 27.92 of this 6. We require hunters to restrain dogs in- chapter). We prohibit entry into closed areas side vehicles except when using them for au- of the refuge prior to the hunt season in thorized hunting purposes (see § 26.21(b) of order to scout for hunting sites or to build this chapter). blinds. 7. On the Salmon Creek Unit, we allow B. Upland Game Hunting. [Reserved] hunting on Tuesdays and Saturdays (except

223

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.24 50 CFR Ch. I (10–1–06 Edition)

Federal holidays), and hunters must possess 3. Hunters may not possess more than 25 and carry a valid daily refuge permit. We shells while in the field. issue refuge permits prior to each hunt by 4. Hunters must park in assigned lots. random drawing conducted at the check sta- 5. Only nonmotorized boats are permitted. tion 11⁄2 hours before legal shooting time. B. Upland Game Hunting. Hunting of pheas- 8. On the Salmon Creek Unit, you may ant is permitted on designated areas of the only possess approved nontoxic shotshells refuge subject to the following conditions: (see § 32.2(k)) in quantities of 25 or less per 1. Pheasant hunting is only permitted in day. the free roam unit. 9. On the Salmon Creek Unit, we restrict 2. You may possess only approved nontoxic hunters to within 100 feet (30 meters) of the shot while in the field. assigned hunt site except for placing and re- C. Big Game Hunting. [Reserved] trieving decoys, retrieving downed birds, or D. Sport Fishing. [Reserved] traveling to and from the parking area. You must unload firearms (see § 27.42(b) of this LOWER KLAMATH NATIONAL WILDLIFE REFUGE chapter) while transporting them between the parking lot and designated blind sites. A. Migratory Game Bird Hunting. We allow hunting of geese, ducks, coots, moorhens, 10. We open the waters of Hookton Slough and snipe on designated areas of the refuge (including Teal Island) and White Slough (in- subject to the following conditions: cluding Egret Island) to hunting on Satur- 1. In the controlled waterfowl hunting days, Sundays, Wednesdays, Federal holi- area, we require entry permits for the first 2 days, and the opening and closing day of the days of the waterfowl season for all hunters State waterfowl hunting season. We have not 16 years of age or older. An adult with a per- opened the portion of the Hookton Slough mit must accompany hunters under the age unit between the dike and Hookton Road to of 16 hunting in the controlled area. We re- hunting and firearms. We have not opened quire advance reservations for the first 2 the boat dock on the Hookton Slough Unit to days of the hunt. hunting and firearms and restrict use to nonmotorized boats only. 2. Shooting hours end at 1:00 p.m. on all California portions of the refuge with the fol- 11. We open the Table Bluff Unit (south- lowing exceptions: west corner of South Bay) to hunting. a. The refuge manager may designate up to 12. We open portions of the Eureka Slough 6 afternoon special youth or disabled hunter and Jacoby Creek Units to hunting. We des- waterfowl hunts per season; and ignate the Eureka Slough and Jacoby Creek Units as boat access only. On the Eureka b. The refuge manager may designate up to Slough and Jacoby Creek Units, we prohibit 3 days per week of afternoon waterfowl hunt- hunting within 100 yards (90 meters) of High- ing for the general public after December 1. way 101. 3. You may carry only unloaded firearms B. Upland Game Hunting. [Reserved] on hunter access routes open to motor vehicles or when taking them through posted re- C. Big Game Hunting. [Reserved] trieving zones when traveling to and from D. Sport Fishing. We allow fishing on the the hunting areas. refuge in accordance with State regulations 4. You may not set decoys in retrieving subject to the following condition: We allow zones. fishing from the designated shoreline trail 5. We do not allow air-thrust and inboard and dock (for nonmotorized boats only) at waterthrust boats. the Hookton Slough Unit from legal sunrise to legal sunset, only using pole and line or 6. You may possess only approved nontoxic rod and reel. 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 motorized boats on units 4b and 4c from December KERN NATIONAL WILDLIFE REFUGE 1 through the end of hunting season. A. Migratory Game Bird Hunting. Hunting of B. Upland Game Hunting. We allow hunting geese, ducks, coots and moorhens is per- of pheasant on designated areas of the refuge mitted on designated areas of the refuge sub- subject to the following conditions: ject 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. D. Sport Fishing. [Reserved]

224

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.24

MERCED NATIONAL WILDLIFE REFUGE sunrise and close 1 hour after legal sunset each hunt day. A. Migratory Game Bird Hunting. We allow 9. We only allow access to the hunt area by hunting of goose, duck, coot, and moorhen foot, bicycle, and nonmotorized cart. We pro- on designated areas of the refuge in accord- hibit bicycles in the hunt area during the ance with State regulations subject to the opening weekend of the hunting season. following conditions: B. Upland Game Hunting. We allow hunting 1. You must unload firearms (see § 27.42(b) of pheasant on designated areas of the refuge of this chapter) before transporting them be- in accordance with State regulations subject tween parking areas and blind sites. Un- to the following conditions: loaded means that no ammunition is in the 1. We limit hunting to junior hunters only, chamber or magazine of the firearm. age 15 or under, possessing a valid State Jun- 2. You may only possess approved nontoxic ior Hunting License and refuge Junior shotshells (see § 32.2(k)) in quantities of 25 or Pheasant Hunt Permit. less per day after leaving the parking lot. 2. We require adults age 18 or older to ac- 3. Each hunter must remain inside his or company junior hunters. her assigned blind, except for placing decoys, 3. You may only possess approved nontoxic retrieving downed birds, and traveling to and shot while in the field (see § 32.2(k)). from the parking area. We prohibit shooting 4. Hunters must enter and exit the hunting from outside the blind. area from the two designated hunt parking 4. Dogs must remain under the immediate lots. control of their owners at all times (see C. Big Game Hunting. [Reserved] § 26.21(b) of this chapter). D. Sport Fishing. We allow fishing only on B. Upland Game Hunting. [Reserved] Dorris Reservoir in accordance with State C. Big Game Hunting. [Reserved] regulations subject to the following condi- D. Sport Fishing. [Reserved] tions: 1. We prohibit fishing from October 1 MODOC NATIONAL WILDLIFE REFUGE through January 31. A. Migratory Game Bird Hunting. We allow 2. We only allow fishing from legal sunrise hunting of goose, duck, coot, moorhen, and to legal sunset. snipe on designated areas of the refuge in ac- 3. We only allow walk-in access to Dorris cordance with State regulations subject to Reservoir from February 1 through March 31. the following conditions: 4. We only allow use of boats on Dorris 1. On the opening weekend of the hunting Reservoir from April 1 through September season, hunters must possess and carry a ref- 30. uge permit issued through random drawing to hunters with advance reservations only. SACRAMENTO NATIONAL WILDLIFE REFUGE 2. After the opening weekend of the hunt- A. Migratory Game Bird Hunting. We allow ing season, we only allow hunting on Tues- hunting of goose, duck, coot, moorhen, and days, Thursdays, and Saturdays. Hunters snipe on designated areas of the refuge in ac- must check-in and out of the refuge by using cordance with State regulations subject to self-service permits. Hunters must com- the following conditions: pletely fill out the ‘‘Refuge Hunt Permit’’ 1. You must unload firearms while trans- portion of the permit and deposit it in the porting them between parking areas and drop box prior to hunting. The hunter must spaced blind areas. possess and carry the ‘‘Record of Kill’’ por- 2. We do not allow snipe hunting in the tion of the permit while on the refuge and spaced blind area. turned in prior to exiting the hunting area. 3. We restrict hunters assigned to the 3. In the designated spaced blind area, you spaced blind unit to within 100 feet (30 m) of must remain within 50 feet (15 m) of the es- their assigned hunt site except for retrieving tablished blind stake for the blind assigned downed birds, placing decoys, or traveling to to you. and from the parking area. 4. We require adults age 18 or older to ac- 4. You may possess only approved nontoxic company youth hunters age 15 and under. shot while in the field. 5. You may only possess approved nontoxic 5. You may possess no more than 25 shells shotshells (see § 32.2(k)) in quantities of 25 or while in the field. less after leaving the parking area. 6. Access to the hunt area is by foot traffic 6. In the free-roam hunting areas, you may only. We do not allow bicycles and other con- only use portable blinds or blinds conveyances. Mobility-impaired hunters should structed of vegetation. consult with the Refuge Manager for allowed 7. You must remove all blinds, decoys, conveyances. shell casings, other personal equipment, and 7. No person may build or maintain fires, refuse from the refuge at the end of each day except in portable gas stoves. (see §§ 27.93 and 27.94 of this chapter). 8. You may enter or exit only at designated 8. Hunters must enter and exit the hunting locations. area from the two designated hunt parking 9. Vehicles may stop only at designated lots, which we open 11⁄2 hours before legal parking areas. We prohibit the dropping of

225

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.24 50 CFR Ch. I (10–1–06 Edition)

passengers or equipment or stopping between 7. We prohibit fires on the refuge, except designated parking areas. we allow portable gas stoves on gravel bars 10. We only allow overnight stays in vehi- (see § 27.95(a) of this chapter). cles, motor homes, and trailers at the check 8. We allow camping on gravel bars up to 7 station parking area. days during any 30-day period. We prohibit 11. You must restrain dogs on a leash with- camping on all other refuge lands. in all designated parking areas (see § 26.21(b) 9. We open the refuge for day-use access of this chapter). from 1 hour before legal sunrise until 1 hour B. Upland Game Hunting. We allow hunting after legal sunset. We allow access during of pheasant only in the free-roam areas on other hours on gravel bars only (see condi- the refuge in accordance with State regulation A8). tions subject to the following conditions: 10. We require dogs to be kept on a leash, 1. We do not allow pheasant hunting in the except for hunting dogs engaged in author- spaced blind area except during a special 1- ized hunting activities, and under the imme- day-only pheasant hunt on the first Monday diate control of a licensed hunter (see after the opening of the State pheasant § 26.21(b) of this chapter). hunting season. 11. We prohibit permanent blinds. You 2. You may possess only approved nontoxic must remove all personal property, including shot while in the field. decoys and boats, by one hour after legal 3. Access to the hunt area is by foot traffic sunset (see §§ 27.93 and 27.94 of this chapter). only. We do not allow bicycles and other con- 12. We prohibit cutting or removal of vege- veyances. Mobility-impaired hunters should tation for blind construction or for making consult with the Refuge Manager for allowed trails (see § 27.51 of this chapter). conveyances. B. Upland Game Hunting. We allow hunting 4. You may not possess more than 25 shells of pheasant, turkey, and quail on designated while in the field. areas of the refuge in accordance with State 5. No person may build or maintain fires, regulations subject to the following condi- except in portable gas stoves. tions: 6. You may enter or exit only at designated 1. We only allow shotgun and archery hunt- locations. ing. 7. Vehicles may stop only at designated 2. Conditions A3 through A10 and A12 parking areas. We prohibit the dropping of apply. passengers or equipment or stopping between C. Big Game Hunting. We allow hunting of designated parking areas. black-tailed deer on designated areas of the 8. Conditions A10 and A11 apply. refuge in accordance with State regulations C. Big Game Hunting. [Reserved] subject to the following conditions: D. Sport Fishing. [Reserved] 1. Conditions A4, A5, A7, A8, A9, A12, and B1 apply. SACRAMENTO RIVER NATIONAL WILDLIFE 2. We prohibit construction or use of per- REFUGE manent blinds, platforms ladders or screw-in A. Migratory Game Bird Hunting. We allow foot pegs. hunting of goose, duck, coot, moorhen, dove, 3. You must remove all personal property, and snipe on designated areas of the refuge including stands, from the refuge by one in accordance with State regulations subject hour after legal sunset (see §§ 27.93 and 27.94 to the following conditions: of this chapter). 1. We only allow shotgun hunting. D. Sport Fishing. We allow sport fishing on 2. You must unload firearms (see § 27.42(b) designated areas of the refuge in accordance of this chapter) before transporting them be- with State regulations subject to the fol- tween parking areas and hunting areas. lowing conditions: ‘‘Unloaded’’ means that no ammunition is in 1. Conditions A7, A8, A9, and A12 apply. the chamber or magazine of the firearm. 2. On Packer Lake, due to primitive access, 3. You may possess only approved nontoxic we only allow boats up to 14 feet (4.2 m) and shot while in the field (see § 32.2(k)). canoes. 4. We prohibit hunting within 50 feet (15 m) SALINAS RIVER NATIONAL WILDLIFE REFUGE of any landward boundary adjacent to private property. A. Migratory Game Bird Hunting. We allow 5. We prohibit hunting within 150 yards (45 hunting of goose, duck, coot, and moorhen m) of any occupied dwelling, house, resi- on a hunt area along the Salinas River on dence, or other building or any barn or other the southeast portion of the refuge, as des- outbuilding used in connection therewith. ignated by posted signs, in accordance with 6. Access to the hunt area is by foot traffic State regulations subject to the following or boat only. We prohibit bicycles or other conditions: conveyances. Mobility-impaired hunters 1. You may only possess approved nontoxic should consult with the refuge manager for shotshells while on the refuge (see § 32.2(k)) allowed conveyances. in quantities of 25 or less.

226

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.24

2. Access to the hunt area is by foot traffic 10. We prohibit the use of motorized boats only. We do not allow bicycles and other con- in the free-roam units with the exception of veyances. Mobility-impaired hunters should the Frietas Unit. consult with the refuge manager for allowed 11. We do not allow vehicle trailers of any conveyances. type or size to be in the refuge hunt areas at 3. You must keep firearms unloaded until any time or to be left unattended at any lo- you are within the designated hunt area. cation on the refuge. 4. We only allow dogs engaged in hunting 12. Dogs must remain under the immediate activities on the refuge during the waterfowl control of their owners at all times (see season. Hunters must keep their dog(s) under § 26.21(b) of this chapter). their immediate control at all times (see B. Upland Game Hunting. We allow hunting § 26.21(b) of this chapter). We prohibit train- of pheasants on designated areas of the ref- ing of dogs on the refuge. We prohibit other uge in accordance with State regulations domesticated animals or pets. subject to the following conditions: 1. You may only possess approved nontoxic 5. We prohibit target practice on the refuge shotshells (see § 32.2(k)) in quantities of 25 or or any nonhunting discharge of weapons (see less while in the field. § 27.42 of this chapter). 2. Dogs must remain under the immediate B. Upland Game Hunting. [Reserved] control of their owners at all times (see C. Big Game Hunting. [Reserved] § 26.21(b) of this chapter). D. Sport Fishing. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. We allow fishing on des- SAN LUIS NATIONAL WILDLIFE REFUGE ignated areas of the refuge in accordance A. Migratory Game Bird Hunting. We allow with State regulations subject to the fol- hunting of goose, duck, coot, moorhen, and lowing conditions: snipe on designated areas of the refuge in ac- 1. We only allow fishing from legal sunrise cordance with State regulations subject to to legal sunset, except on that portion of the the following conditions: San Joaquin River’s south (left descending) 1. You may only use portable blinds, tem- bank within the West Bear Creek Unit des- porary blinds constructed of natural mate- ignated as open for fishing 24 hours per day. rials, or existing concrete blinds. We pro- 2. We only allow the use of pole and line or hibit cutting or breaking woody vegetation rod and reel to take gamefish, and anglers (see § 27.51 of this chapter). must attend their equipment at all times. 3. We prohibit the use of any boat, float 2. You must remove all portable blinds, de- tube, or other floating aid/device. coys, and other personal equipment from the refuge following each day’s hunt. SAN PABLO BAY NATIONAL WILDLIFE REFUGE 3. You must dismantle any temporary blinds constructed of natural materials at A. Migratory Game Bird Hunting. We allow the end of each day. hunting of goose, duck, and coot on designated areas of the refuge in accordance 4. You may only hunt snipe within the with State regulations subject to the fol- free-roaming portion of the San Luis Unit lowing conditions: waterfowl hunting area. 1. Unless posted in the field and/or noted 5. You may only possess approved nontoxic below, we only allow hunting in the open wa- shotshells (see § 32.2(k)) in quantities of 25 or ters of San Pablo Bay and its navigable less after leaving your assigned parking lot sloughs. We have not opened the following or boat launch. areas to hunting: 6. We prohibit dropping of passengers or i. Lower Tubbs Island; ii. Lower Tubbs Set- equipment or stopping between designated back; parking areas. You must return your permits iii. Cullinan Ranch Unit; and to the check stations immediately upon iv. Within 300 feet (90 m) of Highway 37. completion of your hunt and prior to using 2. You may only hunt from a boat or a any tour routes or leaving the refuge vicin- floating blind. We prohibit walk-in hunting ity. on the refuge. 7. You may not transport loaded firearms 3. You may only possess approved nontoxic while walking or bicycling between parking shotshells (see § 32.2(k)) in quantities of 25 or areas in spaced blind units, or while trav- less while in the field. eling in a boat under power. 4. You must remove all decoys, boats, and 8. We restrict hunters in the spaced blind other personal property from the refuge at area to their assigned blind except when the end of each day (see § 27.93 of this chap- they are placing decoys, traveling to and ter). Hunters must remove all trash, includ- from the parking area, retrieving downed ing shotshell hulls, when leaving hunting birds, or when shooting to retrieve cripples. areas (see § 27.94 of this chapter). 9. Access to the Frietas Unit free-roam 5. We allow temporary floating blinds on hunting area is by boat only with a max- the refuge subject to refuge manager ap- imum of 5 mph. Prohibited boats include air- proval. We allow blind installation beginning thrust and/or inboard water-thrust types. on October 1, but hunters must remove

227

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.24 50 CFR Ch. I (10–1–06 Edition)

blinds (see § 27.93 of this chapter) by Feb- 1. Fishing is permitted from April 1 ruary 1. Temporary floating blinds become through September 30. available for general use on a first-come, 2. Only boat fishing is permitted. first-served basis on subsequent days. We prohibit entry to closed areas of the refuge STONE LAKES NATIONAL WILDLIFE REFUGE prior to the hunting season in order to scout A. Migratory Game Bird Hunting. We allow for hunting sites. hunting of goose, duck, coot, and moorhen 6. We only allow dogs engaged in hunting on designated areas of the refuge in accord- activities on the refuge during waterfowl ance with State regulations subject to the season. We prohibit other domesticated ani- following conditions: mals or pets. Hunters must keep their dog(s) 1. We allow hunting on Sun River Unit under their immediate control at all times only on Wednesdays and Saturdays from 1⁄2 (see § 26.21(b) of this chapter). We prohibit hour before legal sunrise until 12 p.m. (noon). training of dogs on the refuge. 2. We will select hunters through a random 7. We prohibit digging into levees or slough drawing process conducted at the refuge. channels. Hunters should bring a copy of their refuge 8. We prohibit target practice on the refuge notification on the day of their hunt. Hunt- or any nonhunting discharge of firearms (see ers should contact the refuge manager for § 27.42 of this chapter). additional information. 9. We allow foot access through the refuge 3. We require adults, age 18 or older, to ac- to the State’s Tolay Creek Unit for water- company hunters under age 16. fowl hunting. You must unload and either 4. We prohibit bicycles or other convey- break down or case all shotguns (see § 27.42(b) ances. Mobility-impaired hunters should of this chapter) while in transit through the contact the refuge manager regarding al- refuge. lowed conveyances. B. Upland Game Hunting. We allow hunting 5. You must unload firearms (see § 27.42(b) of pheasant only in areas of the Tolay Creek of this chapter) before transporting them be- Unit designated by posted signs in accord- tween parking areas and spaced-blind areas. ance with State regulations subject to the following conditions: ‘‘Unloaded’’ means that no ammunition is in 1. You may only hunt on Wednesdays, Sat- the chamber or magazine of the firearm. urdays, and Sundays. 6. We restrict hunters to their assigned 2. You may only possess approved nontoxic spaced-blind except when they are placing or shotshells (see § 32.2(k)) in quantities of 25 or retrieving decoys, traveling to and from the less while in the field. parking area, retrieving downed birds, or 3. You may only access the Tolay Creek when shooting to retrieve cripples. Unit by foot or bicycle. 7. You may only possess approved nontoxic 4. We only allow dogs engaged in hunting shot while in the field (see § 32.2(k)) in quan- activities on the refuge during pheasant sea- tities of 25 or less. son. We prohibit other domesticated animals 8. We prohibit fires on the refuge (see or pets. § 27.95(a) of this chapter). C. Big Game Hunting. [Reserved] 9. We allow vehicles to stop only at des- D. Sport Fishing. [Reserved] ignated parking areas. We prohibit dropping of passengers or equipment or stopping be- SONNY BONO SALTON SEA NATIONAL WILDLIFE tween designated parking areas. REFUGE 10. We allow only nonmotorized boats to A. Migratory Game Bird Hunting. Hunting of access water blinds. geese, ducks, coots, and moorhens is per- 11. You must remove all decoys, personal mitted on designated areas of the refuge sub- equipment, shotshell hulls, and refuse from ject to the following conditions: the refuge by 12:30 p.m. (see §§ 27.93 and 27.94 1. Hunters using the Union Tract must use of this chapter). goose decoys. 12. Junior hunters must possess a valid 2. You must hunt from assigned blinds on Junior Hunting License. the Union Tract and within 100 feet (30 m) of 13. We allow the use of hunting dogs for re- blind sites on the Hazard Tract, except when trieving birds, provided the dogs remain shooting to retrieve crippled birds. under the immediate control of the hunter at 3. Firearms must be unloaded while being all times (see § 26.21(b) of this chapter). transported between parking areas and blind B. Upland Game Hunting. [Reserved] sites. C. Big Game Hunting. [Reserved] 4. Hunters may not possess more than 25 D. Sport Fishing. [Reserved] shells while in the field. SUTTER NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] A. Migratory Game Bird Hunting. We allow D. Sport Fishing. Fishing is permitted only hunting of goose, duck, coot, moorhen, and on designated areas of the refuge inundated snipe on designated areas of the refuge in ac- by the Salton Sea subject to the following cordance with State regulations subject to conditions: the following conditions:

228

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.25

1. You may possess only approved nontoxic b. The refuge manager may designate up to shot while in the field. 3 days per week of afternoon waterfowl hunt- 2. You may possess no more than 25 shells ing for the general public after December 1. while in the field. 3. We do not allow possession of any loaded 3. Access to the hunt area is by foot traffic firearms more than 200 feet (60 m) from the only. We do not allow bicycles and other con- established blind stakes. You select blind veyances. Mobility-impaired hunters should sites by lottery at the beginning of each consult with the Refuge Manager for allowed hunt day. You may shoot only from within conveyances. your assigned blind site. 4. No person may build or maintain fires, 4. You may carry only unloaded firearms except in portable gas stoves. on hunter access routes open to motor vehi- 5. You may enter or exit only at designated cles or when taking them through posted re- locations. trieving zones when traveling to and from 6. Vehicles may stop only at designated the hunting areas. parking areas. We prohibit the dropping of 5. We do not allow you to set decoys in re- passengers or equipment or stopping between trieving zones. designated parking areas. 6. We do not allow air-thrust and inboard 7. We only allow overnight stays in vehi- waterthrust boats. cles, motor homes, and trailers at the check 7. You may possess only approved nontoxic station parking area. shot while in the field. 8. You must restrain dogs on a leash within B. Upland Game Hunting. We allow hunting all designated parking areas (see § 26.21(b) of of pheasant on designated areas of the refuge this chapter). subject to the following conditions: B. Upland Game Hunting. We only allow 1. You may possess only approved nontoxic hunting of pheasant in the free-roam areas of shot while in the field. the refuge in accordance with State regula- 2. You may carry only unloaded firearms tions 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. [58 FR 5064, Jan. 19, 1993, as amended at 58 3. You may possess no more than 25 shells FR 29073, May 18, 1993; 58 FR 29084, May 18, while in the field. 1993; 59 FR 6689, Feb. 11, 1994; 59 FR 55184, 4. No person may build or maintain fires, Nov. 3, 1994; 60 FR 5067, Jan. 25, 1995; 60 FR except in portable gas stoves. 62041, Dec. 4, 1995; 61 FR 46393, Sept. 3, 1996; 5. You may enter or exit only at designated 62 FR 47376, Sept. 9, 1997; 63 FR 46915, Sept. 3, locations. 1998; 65 FR 30778, May 12, 2000; 65 FR 56401, 6. Vehicles may stop only at designated Sept. 18, 2000; 66 FR 46354, Sept. 4, 2001; 67 FR parking areas. We prohibit the dropping of 58943, Sept. 18, 2002; 69 FR 54362, 54374, Sept. passengers or equipment or stopping between 8, 2004; 70 FR 54161, Sept. 13, 2005] designated parking areas. 7. Conditions A7 and A8 apply. § 32.25 Colorado. C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] The following refuge units have been opened for hunting and/or fishing, and TULE LAKE NATIONAL WILDLIFE REFUGE are listed in alphabetical order with A. Migratory Game Bird Hunting. We allow applicable refuge-specific regulations. hunting of geese, ducks, coots, moorhens, ALAMOSA NATIONAL WILDLIFE REFUGE and snipe on designated areas of the refuge subject to the following conditions: A. Migratory Game Bird Hunting. Hunting of 1. We require entry permits in the con- geese, ducks, coots, snipe and mourning trolled waterfowl hunting area for the first 2 doves is permitted on designated areas of the days of the waterfowl season for all hunters refuge subject to the following condition: 16 years of age or older. An adult with a per- Snipe and dove hunting are permitted only mit must accompany hunters under the age during the waterfowl hunting season. of 16 hunting in the controlled area. We re- B. Upland Game Hunting. Hunting of pheas- quire advance reservation for the first 2 days ant, cottontail rabbit, black-tailed and of the hunt. white-tailed jackrabbit is permitted on des- 2. Shooting hours end at 1:00 p.m. on all ignated areas of the refuge subject to the fol- California portions of the refuge with the following conditions: Hunting is permitted only lowing exceptions: when the respective State season coincides a. The refuge manager may designate up to with the refuge waterfowl hunting season. six afternoon special youth or disabled C. Big Game Hunting. [Reserved] hunter waterfowl hunts per season; and D. Sport Fishing. [Reserved]

229

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.26 50 CFR Ch. I (10–1–06 Edition)

ARAPAHO NATIONAL WILDLIFE REFUGE 3. We only allow catch and release fishing. 4. We only allow barbless hooks. A. Migratory Game Bird Hunting. Hunting of 5. We only allow artificial flies or lures. migratory game birds is allowed on des- 6. We prohibit the use of live bait. ignated areas of the refuge pursuant to State law. [58 FR 5064, Jan. 19, 1993, as amended at 59 B. Upland Game Hunting. We allow upland FR 6685, Feb. 11, 1994; 60 FR 62041, Dec. 4, game hunting on designated areas of the ref- 1995; 62 FR 47376, Sept. 9, 1997; 65 FR 30780, uge pursuant to State law and subject to the May 12, 2000; 69 FR 54362, Sept. 8, 2004; 70 FR following condition: You may possess only 54163, Sept. 13, 2005] approved nontoxic shot while in the field. C. Big Game Hunting. Hunting of pronghorn § 32.26 Connecticut. antelope is permitted on designated areas of the refuge. 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. Anglers may not fish between June 1 and July 31 each year. STEWART B. MCKINNEY NATIONAL WILDLIFE 2. Anglers may fish only during daylight REFUGE hours. A. Migratory Game Bird Hunting. We allow hunting of duck, coot, and goose on des- BROWNS PARK NATIONAL WILDLIFE REFUGE ignated areas of the Great Meadows Unit in A. Migratory Game Bird Hunting. Hunters Stratford, Connecticut in accordance with may hunt geese, ducks, coots, and mourning State regulations subject to the following doves only in designated areas of the refuge. conditions: B. Upland Game Hunting. Hunters may hunt 1. We require hunters to obtain an annual cottontail rabbits only in designated areas of Special Use Permit in advance for permis- the refuge. sion to hunt in the designated hunting area. C. Big Game Hunting. Hunters may hunt Consult the refuge manager for details on mule deer and elk only in designated areas of how and when to apply for a Special Use Per- the refuge. mit. D. Sport Fishing. Anglers may fish only in 2. Any person entering, using, or occupying designated areas of the refuge. the refuge for hunting must abide by all the terms and conditions of the Special Use Per- MONTE VISTA NATIONAL WILDLIFE REFUGE mit. A. Migratory Game Bird Hunting. Hunting of 3. You must have all applicable hunting li- geese, ducks, coots, snipe and mourning censes, permits, stamps, and a photographic doves is permitted on designated areas of the identification in your possession while hunt- refuge subject to the following condition: ing on the refuge. Snipe and dove hunting are permitted only 4. We will limit hunt days to Tuesdays, during the waterfowl hunting season. Wednesdays, and Saturdays during the wa- B. Upland Game Hunting. Hunting of pheas- terfowl hunting season as established by the ant, cottontail rabbit, black-tailed and State. white-tailed jackrabbit is permitted on des- 5. We only allow shotguns. ignated areas of the refuge subject to the fol- 6. You must keep firearms unloaded until lowing condition: Hunting is permitted only you are within the designated hunting area when the respective State season coincides (see § 27.42(b) of this chapter). with the refuge waterfowl hunting season. 7. Access to the hunt area is by foot or C. Big Game Hunting. [Reserved] boat in designated areas only. Mobility-im- D. Sport Fishing. [Reserved] paired hunters should consult with the refuge manager for allowed conveyances. ROCKY MOUNTAIN ARSENAL 8. You may possess no more than 25 ap- A. Migratory Game Bird Hunting. [Reserved] proved nontoxic shot per day while in the B. Upland Game Hunting. [Reserved] field (see § 32.2(k)). C. Big Game Hunting. [Reserved] 9. This is a waterfowl hunt only. We allow D. Sport Fishing. We allow fishing at des- no more than two dogs per waterfowl hunt- ignated times and on designated areas of the ing party. We prohibit dog training on the refuge in accordance with State regulations refuge. subject to the following conditions: 10. During State-established youth days, li- 1. We require a valid State fishing license censed junior hunters may hunt in the des- and valid refuge fishing permit for all an- ignated hunting area when accompanied by a glers age 16 and older. You must obtain and licensed adult hunter age 18 or older. Adults display a daily refuge fishing badge while must possess a valid hunting license; how- fishing. ever, we prohibit them carrying a firearm. 2. We only allow the use of rod and reel 11. We prohibit the use of air-thrust and in- with one hook or lure per line. board water-thrust boats such as, but not

230

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.27

limited to, hovercrafts, airboats, jet skis, 2. Hunting on the Headquarters Deer Hunt watercycles, and waterbikes on all waters Area must be from designated stands only, within the refuge boundaries. unless actively tracking or retrieving 12. We prohibit hunters launching any wounded deer. boats on the refuge that they cannot portage 3. We require a valid State permit for tur- by hand. A dock and a boat ramp are not key hunting. available on the refuge. 4. During firearms deer season, hunters 13. We prohibit pit or permanent blinds. must wear in a conspicuous manner as an 14. You must remove all temporary blinds, outer layer on the head, chest, and back a boats, decoys, and all other personal property from the refuge each day (see §§ 27.93 minimum of 400 square inches (2,600 cm2) of and 27.94 of this chapter). solid-colored orange clothing or material. B. Upland Game Hunting. [Reserved] D. Sport Fishing. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] PRIME HOOK NATIONAL WILDLIFE REFUGE [70 FR 54163, Sept. 13, 2005] A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on des- § 32.27 Delaware. ignated areas of the refuge subject to the following conditions: The following refuge units have been 1. Consult the refuge hunting brochure for opened for hunting and/or fishing, and specific information regarding species, areas, are listed in alphabetical order with and days open to hunting, rules, and regula- applicable refuge-specific regulations. tions. BOMBAY HOOK NATIONAL WILDLIFE REFUGE 2. We require a refuge permit and fee for waterfowl hunting. A. Migratory Game Bird Hunting. Hunting of 3. Refuge hunt dates will correspond with migratory game birds is permitted on des- State-established migratory game bird sea- ignated areas of the refuge subject to the fol- sons. lowing conditions: B. Upland Game Hunting. We allow hunting 1. Permits are required for waterfowl hunting except on the South Upland Hunting of upland species on designated areas of the Area. refuge subject to the following conditions: 2. Hunting of waterfowl and coots is per- 1. Consult the refuge hunting brochure for mitted on the South Waterfowl Area, the specific information regarding species, areas, West Waterfowl Area, and the Young and days open to hunting, rules, and regula- Waterfowlers Area. tions. 3. Only snow geese may be taken on the 2. You may possess only approved nontoxic Snow Goose Area. shot while in the field. 4. Hunting is permitted only from des- 3. We do not allow upland game hunting ignated sites, except on the South Upland beginning March 1 through August 31. Hunting Area and the Snow Goose Area. C. Big Game Hunting. We allow hunting of 5. The maximum number of hunters per- white-tailed deer on designated areas of the mitted per blind is as follows: refuge subject to the following conditions: West Waterfowl Area—4; South Waterfowl 1. Consult the refuge hunting brochure for Area—3; Young Waterfowlers Area—2. 6. The possession of a loaded shotgun while specific information regarding areas and outside a blind or designated site is not per- days open to hunting, rules, and specific reg- mitted unless actively pursuing crippled ulations. birds. 2. You may use only portable tree stands 7. Waterfowl hunters may not possess more and must remove them from the refuge fol- than 15 shotgun shells per day on the West lowing each day’s hunt. and Young Waterfowlers Hunt Areas. 3. During the firearm deer season, hunters B. Upland Game Hunting. We allow hunting must wear in a conspicuous manner on head, of upland game on designated areas of the chest, and back a minimum of 400 square refuge subject to the following conditions: inches (10.16 m2) of solid-colored hunter or- 1. We allow hunting only on the South Up- ange clothing or material. land Hunting Area. 4. We require a refuge permit and fee for 1 2. We allow hunting from ⁄2 hour before deer hunting. sunrise to 1⁄2 hour after sunset. D. Sport Fishing. We allow fishing and crab- 3. You may possess only approved nontoxic bing on designated areas of the refuge sub- shot while in the field. C. Big Game Hunting. We allow hunting of ject to the following conditions: turkey and deer on designated areas of the 1. Consult refuge regulations regarding ac- refuge subject to the following conditions: cess areas, launch points, and motor restric- 1. We require a refuge permit except on the tions. South Upland Hunting Area.

231

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.28 50 CFR Ch. I (10–1–06 Edition)

2. We allow fishing only from sunrise to 11. A hunter must complete a daily bag re- sunset in all areas except those areas port card and place it in an entrance fee can- marked by signs as closed to public entry. ister each day. 12. All youth hunters age 15 and younger [58 FR 5064, Jan. 19, 1993, as amended at 58 must remain within sight and normal voice FR 29074, May 18, 1993; 60 FR 62041, Dec. 4, contact of an adult age 21 or older, pos- 1995; 65 FR 30781, May 12, 2000; 65 FR 56401, sessing a license. Youth hunters must have Sept. 18, 2000; 66 FR 46355, Sept. 4, 2001; 69 FR completed a hunter education course. 54362, Sept. 8, 2004] 13. We only allow boats equipped with out- boards or electric motors and nonmotorized § 32.28 Florida. boats. We prohibit airboats, Hovercraft, and personal watercraft (Go Devils, Jet Skis, jet The following refuge units have been boats, and Wave Runners). We recommend opened for hunting and/or fishing, and all boats operating within the hunt area fly are listed in alphabetical order with a 12 inch by 12 inch (30 cm × 30 cm) orange applicable refuge-specific regulations. flag, 10 feet (3 m) above the vessel’s water- line. ARTHUR R. MARSHALL LOXAHATCHEE 14. We prohibit motorized vehicles of any NATIONAL WILDLIFE REFUGE type on the levees and undesignated routes (see § 27.31 of this chapter). A. Migratory Game Bird Hunting. We allow 15. For emergencies or to report violations, hunting of duck and coot on designated areas contact law enforcement personnel at 561– of the refuge in accordance with State regu- 936–4100. lations subject to the following conditions: B. Upland Game Hunting. [Reserved] 1. You must possess and carry a signed ref- C. Big Game Hunting. [Reserved] uge waterfowl hunt permit while hunting. D. Sport Fishing. We allow fishing on des- 2. We allow hunting in the interior of the ignated areas of the refuge in accordance refuge south of latitude line 26.27.130. We with State regulations subject to the fol- have not opened to hunting from the perim- lowing conditions: eter canal or levee and those areas posted as 1. We only allow fishing from legal sunrise closed. to legal sunset. 3. The refuge open waterfowl season is con- 2. Special black bass regulations are in ef- current with the State season. The refuge fect within the boundaries of the refuge. The does not participate in any early experi- daily creel limit is five black bass per per- mental seasons. Hunters may only take duck son, per day, where only one bass may be and coot. over 14 inches (35 cm) in length. 4. We do not open to hunting on Mondays, 3. We allow fishing south of a line of lati- Tuesdays, and Christmas Day. tude of 26.27.130 and in the rim canal in the rest of the refuge. We prohibit fishing in 5. Refuge hunting hours are from 1⁄2 hour before legal sunset to 1 p.m. Hunters may Management Compartments A, B, and C, and enter the refuge no earlier than 5 a.m. and those areas posted as closed to fishing or the must be off the refuge by 3 p.m. public. 4. We only allow the use of rods and reels 6. Hunters must only enter and leave the and poles and lines, and anglers must attend refuge at the Headquarters Area (Boynton them at all times. Beach) and the Hillsboro Area (Boca Raton) 5. We prohibit commercial fishing and the (see § 27.31 of this chapter). taking of frogs, turtles, and other wildlife 7. Hunters must unload and case or dis- (see § 27.21 of this chapter). mantle firearms (see § 27.42(b) of this chap- 6. We prohibit the possession or use of cast ter) when outside of hunting area and when nets, seines, trot lines, jugs, gigs, and other en route to or from the hunting area. Hunt- fishing devices. ers may only use no greater than .10 gauge 7. Anglers may only launch boats at the shotguns. We prohibit all other firearms or Headquarters Area (Boynton Beach), the weapons (see §§ 27.42 and 27.43 of this chap- Hillsboro Area (Boca Raton), and 20 Mile ter). Bend (West Palm Beach). 8. We only allow temporary blinds of na- 8. We only allow boats equipped with out- tive vegetation. We prohibit the taking, re- boards or electric motors and nonmotorized moving, or destroying of refuge vegetation boats. We prohibit airboats, Hovercraft, per- (see § 27.51 of this chapter). sonal watercraft (Go Devils, Jet Skis, jet 9. Hunters must remove decoys and other boats, and Wave Runners). We recommend personal property (see § 27.93 of this chapter) that all boats operating within the hunt area from the hunting area each day. fly a 12 inch by 12 inch (30 cm × 30 cm) orange 10. We encourage the use of dogs to re- flag, 10 feet (3 m) above the vessel’s water- trieve dead or wounded waterfowl. Dogs line. must remain under the immediate control of 9. We prohibit motorized vehicles of any the owner at all times (see § 26.21(b) of this type on the levees and undesignated routes chapter). We prohibit pets at all other times. (see § 27.31 of this chapter).

232

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.28

10. For emergencies or to report violations, and areas posted as closed (see § 27.31 of this contact law enforcement personnel at 561– chapter). 936–4100. Law enforcement officers monitor 5. For emergencies or to report violations, VHF Channel 16. contact law enforcement personnel at 561– 936–4100. Law enforcement officers monitor CEDAR KEYS NATIONAL WILDLIFE REFUGE VHF Channel 16. A. Migratory Game Bird Hunting. [Reserved] J. N. ‘‘DING’’ DARLING NATIONAL WILDLIFE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] REFUGE D. Sport Fishing. We allow salt water sport A. Migratory Game Bird Hunting. [Reserved] fishing year-round in accordance with State B. Upland Game Hunting. [Reserved] regulations subject to the following condi- C. Big Game Hunting. [Reserved] tion: We will close a 300 foot (90 m) buffer D. Sport Fishing. We allow fishing and crab- zone beginning at mean high tide line and bing on designated areas of the refuge in ac- extending into the waters around Seahorse cordance with State regulations subject to Key to all public entry from March 1 through the following conditions: June 30. 1. We prohibit fishing and crabbing in all waters of the Bailey Tract except for Smith CHASSAHOWITZKA NATIONAL WILDLIFE REFUGE Pond and Airplane Canal. A. Migratory Game Bird Hunting. We allow 2. We allow fishing and crabbing in all hunting of ducks and coots on designated other refuge waters except in areas des- areas of the refuge subject to the following ignated as ‘‘closed to public entry’’. condition: We require permits. 3. We prohibit the taking of horseshoe B. Upland Game Hunting. We allow hunting crabs, stone crabs, or spider crabs. of quail, squirrel, rabbit, and armadillo on 4. We prohibit the taking of blue crabs for designated areas of the refuge subject to the commercial purposes. following condition: We require permits. 5. We allow the recreational take of blue C. Big Game Hunting. We allow hunting of crabs within 150 feet (45 m) of the Wildlife white-tailed deer and feral hogs on des- Drive only with the use of dip nets. ignated areas of the refuge subject to the fol- 6. Beyond 150 feet (45 m) of the Wildlife lowing condition: We require permits. Drive we allow recreational take of blue D. Sport Fishing. We allow fishing on the crabs with baited lines and traps only if such refuge year round subject to the following devices are continuously attended/monitored condition: You must fish in accordance with and removed at the end of each day. ‘‘At- State regulations. tended/monitored’’ means that all devices used in the capture of blue crabs must be EGMONT KEY NATIONAL WILDLIFE REFUGE within the immediate view of the sport A. Migratory Game Bird Hunting. [Reserved] crabber. B. Upland Game Hunting. [Reserved] 7. The daily limit of blue crabs is 20 per C. Big Game Hunting. [Reserved] person, of which no more than 10 shall be fe- D. Sport Fishing. Fishing is permitted on males. designated areas of the refuge subject to the 8. We prohibit the use of cast nets within following conditions: 150 feet (45 m) of a water-control structure 1. Fishing is permitted only from sunrise on the Wildlife Drive. to sunset. 9. We prohibit the use of personal 2. Fishing is permitted year-round, from watercraft, air-thrust boats, and hovercraft. refuge beaches only. 10. We prohibit kite-surfing or kite-boarding, wind-surfing or sail-boarding, or any HOBE SOUND NATIONAL WILDLIFE REFUGE similar type of activities. A. Migratory Game Bird Hunting. [Reserved] 11. We prohibit vessels exceeding the slow B. Upland Game Hunting. [Reserved] speed/minimum wake in refuge waters. C. Big Game Hunting. [Reserved] 12. We only allow vessels propelled by poll- D. Sport Fishing. We allow fishing on des- ing, paddling, or floating in the posted ‘‘no- ignated areas of the refuge in accordance motor zone’’ of the Ding Darling Wilderness with State regulations subject to the fol- Area. All motors, including electric motors, lowing conditions: must be in a nonuse position (out of the 1. We only allow fishing from legal sunrise water) when in the ‘‘no-motor zone’’. to legal sunset. 13. We prohibit camping on all refuge lands 2. We allow salt water fishing along the At- and overnight mooring of vessels on all ref- lantic Ocean and Indian River Lagoon year- uge waters. round in accordance with State regulations. 14. You may only launch vessels at des- 3. We prohibit commercial fishing and the ignated sites on the refuge. taking of frogs, turtles, and other wildlife LAKE WOODRUFF NATIONAL WILDLIFE REFUGE (see § 27.21 of this chapter). 4. We prohibit motorized vehicles of any A. Migratory Game Bird Hunting. [Reserved] type on the fire roads, undesignated routes, B. Upland Game Hunting. [Reserved]

233

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.28 50 CFR Ch. I (10–1–06 Edition)

C. Big Game Hunting. We allow hunting of 11. We prohibit target practice or any non- white-tailed deer and feral hog on designated hunting discharge of firearms (see § 27.42 of areas of the refuge in accordance with State this chapter). regulations subject to the following condi- 12. We prohibit marking any tree, or other tion: We require refuge permits. refuge feature, with flagging, litter, paint, or D. Sport Fishing. We allow sport fishing on blaze. designated areas of the refuge in accordance 13. We allow marking trails with reflective with State regulations subject to the fol- markers, but you must remove the markers lowing conditions: (see §§ 27.93 and 27.94 of this chapter) at the 1. We only allow fishing from legal sunrise end of the refuge deer hunting season. to legal sunset. 14. Hunters utilizing the refuge are subject 2. We prohibit the use of airboats on the to inspection of licenses, permits, hunting refuge. equipment, bag limits, vehicles, and their 3. We prohibit commercial fishing or the contents during compliance checks by refuge taking of frogs or turtles (see § 27.21 of this or State law enforcement officer. chapter). 15. Hunters must be at their vehicles by 1 4. We prohibit the use of snatch hooks in hour after legal shooting time. the refuge impoundments. B. Upland Game Hunting. We allow hunting 5. When boating, you must slow down and of gray squirrel, armadillo, opossum, rabbit, observe all manatee speed zones and caution raccoon, coyote, and beaver on designated areas. areas of the refuge in accordance with State regulations subject to the following condi- LOWER SUWANNEE NATIONAL WILDLIFE tions: REFUGE 1. Conditions A1 through A15 apply. A. Migratory Game Bird Hunting. We allow 2. The refuge upland game hunting season hunting of duck and coot on designated areas opens on the Monday after the refuge limited of the refuge in accordance with State regu- hog hunt closes and ends on February 28. lations subject to the following conditions: 3. You may only possess .22 caliber rimfire 1. We require hunters to possess and carry rifle (but not .22 magnum) firearms (see signed refuge hunt permits for all hunts. § 27.42 of this chapter) or shotguns with shot 2. We designated open and closed refuge no larger than #4 common or bows with ar- hunting areas on the map in the refuge hunt rows that have judo or blunt tips. We pro- permit that the hunter must possess and hibit possession of arrows capable of taking carry. big game during the upland game hunting 3. You must park vehicles in a manner that season. does not block roads or gates (see § 27.31(h) of 4. We allow night hunting in accordance this chapter). with State regulations for raccoon and opos- 4. We prohibit the use of ATVs (see § 27.31(f) sum on Wednesday through Saturday nights of this chapter). from legal sunset until legal sunrise during 5. We prohibit horses. the month of February. 6. We prohibit possession of a loaded fire- C. Big Game Hunting. We allow hunting of arm or bow and arrow (see § 27.42(b) of this big game on designated areas of the refuge in chapter) while on a refuge road right-of-way accordance with State regulations subject to designated for motorized vehicle travel or in the following conditions: any vehicle or boat. We define ‘‘loaded’’ as 1. Conditions A1 through A15 apply. shells in the chamber or magazine or percus- 2. We prohibit the use of hunting and sion cap on a muzzleloader, or arrow notched tracking dogs for all deer and hog hunts. in a bow. 3. We require quota hunt permits (issued 7. We prohibit hunting from refuge roads through a random draw) for the limited deer open to public vehicle travel. gun hunt, limited hog hunt, and limited 8. We prohibit construction of permanent youth gun deer hunt. They cost $12.50. blinds or stands. 4. Quota hunt permits are nontransferable. 9. In addition to State hunter education re- 5. Hunters may only use archery equip- quirements, an adult (parent or guardian) ment in accordance with State archery regu- age 21 or older must supervise and must re- lations during the refuge archery season. main within sight of and in normal voice 6. Hunters may only use muzzleloading contact of the youth hunter age 15 and firearms (see § 27.42 of this chapter) in ac- under. Parents or adult guardians are re- cordance with State muzzleloader regula- sponsible for ensuring that hunters under tions during the refuge muzzleloader season. age 16 do not engage in conduct that would 7. We prohibit hunting from a tree in which constitute a violation of the refuge regula- a metal object has been driven (see § 32.2(i)). tions. An adult may supervise no more than 8. You may leave temporary tree stands on two youths. the refuge starting on the last weekend of 10. We prohibit all commercial activities, August, but you must remove them by the including guiding or participating in a guid- last day of the general gun hunting season ed hunt. (see § 27.93 of this chapter).

234

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.28

9. All hunters (including all persons accom- 24. You may only take bearded turkeys panying hunters) must wear a minimum of during the spring turkey hunt. 500 square inches (3,250 cm 2) of fluorescent 25. Shooting hours for spring turkey begin orange visible above the waistline while 1⁄2 hour before legal sunrise and end at 1 p.m. hunting during all refuge deer gun hunts. 26. We only allow shotguns with shot no 10. We prohibit the use of organized drives larger than size 2 common shot or bows and for taking or attempting to take game. arrows for spring turkey hunting. 11. The refuge general gun season begins on D. Sport Fishing. We allow sport fishing on the opening Saturday of the Florida State designated areas of the refuge in accordance Central Management Zone, General Gun sea- with State regulations subject to the fol- son and ends on the following Friday. It re- lowing conditions: opens on the Monday after the refuge limited 1. Anglers may take game and nongame deer season and ends on the following Sun- fish only with pole and line or rod and reel. day. The refuge general gun season lasts 14 2. We prohibit taking of frogs and turtles days. (see § 27.21 of this chapter). 12. The refuge limited either-sex deer hunt 3. We prohibit leaving boats on the refuge is on the second Saturday and Sunday of the overnight (see § 27.93 of this chapter). State Central Management Zone General 4. We prohibit consumption of alcohol or Gun season. This coincides with the opening possession of open alcohol containers in the of the State’s either-sex hunt deer hunting public use areas of Shired Island boat launch/ fishing and parking lot area and the Shell season. Mound fishing/recreational area (see § 32.2(j)). 13. The youth limited Gun Deer Hunt is the Saturday and Sunday following the close of MERRITT ISLAND NATIONAL WILDLIFE REFUGE the refuge general gun season. 14. The refuge limited hog hunt begins on A. Migratory Game Bird Hunting. We allow the first Monday after the Florida State Cen- hunting of duck and coot in accordance with tral Management Zone General Gun (ant- State regulations subject to the following lered deer and wild hog) season closes, and conditions: ends on the following Sunday. 1. You must possess and carry a current 15. During the limited youth hunt, an adult signed refuge permit at all times while hunt- age 21 or older must accompany the youth, ing on the refuge. 2. You must possess and carry a refuge wa- age 15 and under, but only the youth hunter terfowl hunting quota permit while hunting may hunt and handle the firearm. areas 1 or 4, from the beginning of the reg- 16. We confine the limited youth hunt to ular waterfowl season through December 31. the Levy County portion of the refuge, and 3. You may hunt Wednesdays, Saturdays, hunters must access the refuge from Levy Sundays, and all Federal holidays that fall County Road 347. within the State’s waterfowl season. 17. We allow hunting of deer (except spot- 4. You may hunt in four designated areas ted fawns), feral hog (no size or bag limit), of the refuge as delineated in the refuge gray squirrel, rabbit, armadillo, opossum, hunting regulations map. We prohibit hunt- raccoon, beaver, and coyote during the archers entering the normal or expanded re- ery season. stricted areas of the Kennedy Space Center. 18. Hunters may take deer, with one or 5. You may only hunt on refuge-established more antlers at least 5 inches (12.5 cm) in hunt days from legal shooting time until 1 length visible above the hairline, and feral p.m. hog (no bag or size limit) during the muzzle- 6. You may enter no earlier than 4 a.m. for loader and general-gun season. the purpose of hunting. 19. Hunters may take hog (no size or bag 7. We require all hunters to successfully limit), and a maximum of two deer per day, complete a State-approved hunter education during the limited deer gun hunt and limited course. youth gun deer hunt, except only one deer 8. We require an adult, age 18 or older, to may be a buck for each of the 2-day limited supervise hunters under the age 18. hunts. 9. We prohibit accessing a hunt area from 20. Hunters may take hog (no size or bag Black Point Wildlife Drive, Playalinda limit) during the limited hog hunt. Beach Road, or Scrub Ridge Trail (see § 27.31 21. We prohibit all other public entry or of this chapter). use of the hunting area during the limited 10. We prohibit construction of permanent hog, limited gun, and limited youth deer blinds (see § 27.92 of this chapter) or digging hunts. During the limited gun hunt and lim- into dikes. ited hog hunt, the Dixie Mainline road will 11. We prohibit hunting or shooting from remain open to all public vehicles, but we any portion of a dike, road, or railroad prohibit firearms except for permit holders. grade. 22. Hunters must check all game harvested 12. We prohibit hunting within 150 yards during all deer and hog hunts. (135 m) of SR 402 or SR 406. 23. You may only take turkey during the B. Upland Game Hunting. [Reserved] State spring turkey hunting season. C. Big Game Hunting. [Reserved]

235

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.28 50 CFR Ch. I (10–1–06 Edition)

D. Sport Fishing. We allow you to fish, crab, D. Sport Fishing. Fishing is permitted on clam, oyster, and shrimp in designated areas designated areas of the refuge subject to the of the refuge as delineated in the refuge fish- following condition: Fishing is only per- ing regulations map in accordance with mitted from boats, into the waters sur- State regulations subject to the following rounding Tarpon Key. conditions: 1. You must possess and carry a current, ST. MARKS NATIONAL WILDLIFE REFUGE signed refuge fishing permit at all times A. Migratory Game Bird Hunting. We allow while fishing on the refuge. hunting of duck and coot on designated areas 2. We allow fishing at night in the waters of the refuge in accordance with State regu- of Mosquito Lagoon, Indian River Lagoon, lations subject to the following conditions: Banana River, and Haulover Canal. 1. We require refuge permits for hunting 3. We allow launching of boats at night the Piney Island unit. Permits are available only from Bair’s Cove, Beacon 42, and Bio at no cost from the refuge office. Each Lab boat ramps. hunter must possess and carry a signed hunt 4. We prohibit crabbing or fishing, and ac- permit when using the hunt area. cess for the purpose of crabbing or fishing, 2. You must remove blinds daily (see § 27.93 from Black Point Wildlife Drive or any side of this chapter). road connected to Black Point Wildlife Drive 3. Hunters may access the hunt area by except L Pond Road. boat. 5. We prohibit launching boats, canoes, or 4. We allow retriever dogs to recover game. kayaks from Black Point Wildlife Drive or B. Upland Game Hunting. We allow hunting any side road connected to Black Point Wild- of grey squirrel, rabbit, raccoon, and feral life Drive except L Pond Road. hog in accordance with State regulations 6. Anglers and crabbers must attend their subject to the following conditions: lines at all times. 1. We require refuge permits for hunting 7. We prohibit harvesting or possession of upland game. Permits are available at no horseshoe crabs. cost from the refuge office. Each hunter 8. We prohibit use of personal watercraft, must possess and carry a signed permit while air thrust boats, and hovercraft. participating in a hunt. 9. Vessels must not exceed idle speed in 2. Hunters must wear 500 square inches Bairs Cove and KARS Marina or slow speed/ (3,250 cm2) of fluorescent orange above the minimum wake in Haulover Canal. waistline. 10. We prohibit motorized vessels in the 3. You may use .22 caliber rim-fired rifles, Banana River within the posted ‘‘No-Motor shotguns with nontoxic shot (see § 32.2(k)), or Zone,’’ including any vessel having an at- muzzleloaders. You may use shotgun slugs, tached motor or a nonattached motor capa- buckshot, or archery equipment to take feral ble of use (including electric trolling motor). hogs. We prohibit the use or possession of 11. We prohibit fishing within the normal other weapons. You must unload all firearms or expanded restricted areas of the Kennedy for transport in vehicles (uncap Space Center. muzzleloaders) (see § 27.42 of this chapter). 12. We prohibit the use of internal combus- 4. We prohibit dogs in the hunt area. tion engines within the two zones in Mos- 5. There is no limit on the size or number quito Lagoon. The zones include the posted of feral hogs that hunters may take. waters located north of WSEG Boat Ramp 6. We allow hunting on designated areas of and west of the Intra Coastal Waterway and the refuge. Contact the refuge office for spe- the posted waters on Tiger Shoals extending cific dates. from the northeast refuge boundary south- 7. We prohibit hunting from any named or ward to the waters just south of Preachers numbered road. Island. 8. We prohibit cleaning of game within 1,000 feet (300 m) of any developed public PELICAN ISLAND NATIONAL WILDLIFE REFUGE recreation area, game check station, or gate. 9. The refuge is only open to daylight use. A. Migratory Game Bird Hunting. [Reserved] 10. You must check out all game taken at B. Upland Game Hunting. [Reserved] a game check station. C. Big Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of D. Sport Fishing. Fishing is permitted on white-tailed deer, feral hog, and bearded tur- designated areas of the refuge subject to the key in accordance with State regulations following conditions: subject to the following conditions: 1. Fishing is permitted year-round. 1. We require refuge permits issued by lot- 2. Bank fishing from spoil islands is per- tery. Lottery applications are available at mitted, during daylight hours only. the refuge office each year beginning in July. There is a fee for permits. Permits are non- PINELLAS NATIONAL WILDLIFE REFUGE transferable. There is an additional fee for A. Migratory Game Bird Hunting. [Reserved] duplicate permits. Each hunter must possess B. Upland Game Hunting. [Reserved] and carry a signed permit when participating C. Big Game Hunting. [Reserved] in a hunt. Prior to hunting each day, you

236

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.28

must check-in at a hunt check station as or discharge firearms. Contact the refuge of- specified in the refuge hunt brochure. You fice for specific dates. must check out upon completion of hunting 12. There is one mobility-impaired hunt on each day. the Panacea Unit in the area west of County 2. Conditions B4, B5, B8, and B10 apply. Road 372. Hunters may harvest doe deer, 3. We prohibit hunting from any named or antlerless deer, bearded turkey, or feral hog. numbered road (with the exception of per- See definition for ‘‘antlerless deer’’ in C9 sons hunting in the mobility impaired hunt). above. We will give each hunter that har- 4. You may access the refuge hunt areas by vests a doe deer a permit to harvest an ant- vehicle for prehunt scouting 2 days prior to lered deer, as described in C9 above. Hunters the hunt for which you are drawn. We pro- may have an able-bodied hunter accompany hibit weapons in the hunt area during the them. You may transfer permits issued to prehunt scouting (see § 27.42 of this chapter). able-bodied assistants. We limit those hunt 5. There is a two-deer limit per hunt as teams to two deer per hunt. Contact the ref- specified in C8 and C9 below, except in the uge office for specific dates. youth hunt, where the limit is one deer per 13. There is one spring gobbler hunt. You hunt as specified in C11 below. The limit for may harvest one bearded turkey per hunt. bearded turkey is one per hunt. There is no You may only use shotguns to harvest tur- limit on feral hog. key. Contact the refuge officer for specific 6. We prohibit the use of deer decoys. dates. You must unload and dismantle or 7. We prohibit the use of flagging, paint, or case weapons (see § 27.42(b) of this chapter) blazes. after 1 p.m. 8. There are two fall archery hunts: hunt- D. Sport Fishing. We allow fishing on des- ers may harvest either sex deer, bearded tur- ignated areas of the refuge in accordance key, or feral hogs during the fall archery with State regulations subject to the fol- hunts. There will be a fall archery hunt on lowing conditions: the Panacea and Wakulla Units. We prohibit 1. We prohibit taking blue crabs from im- other weapons in the hunt area (see § 27.43 of poundments or canals on the St. Marks Unit. this chapter). Contact the refuge office for 2. We only allow fishing in refuge lakes, specific dates. ponds, and impoundments from legal sunrise 9. There is a winter archery/muzzleloader to legal sunset. hunt. Hunters may harvest doe deer, antlerless deer, bearded turkey, or feral hog. 3. We allow fishing in tidal and coastal wa- We define ‘‘antlerless deer’’ as deer with ant- ters 24 hours per day year-round. lers less than 1 inch (2.5 cm) above the hair- 4. We prohibit use of boats with motors line and ‘‘antlered deer’’ as deer with antlers over 10 hp on any refuge lake, pond, or im- at least 1 inch (2.5 cm) above the hairline. If poundment. the first deer you harvest is an antlerless 5. We allow use of boats on impoundments male, you may harvest another doe or on the St. Marks Unit from March 15 antlerless deer as your second deer. If the through October 15 each year. first deer you harvest is a doe, you may 6. We prohibit taking of frogs or turtles bring it to the check station, and we will (see § 27.21 of this chapter). give you a permit to harvest an antlered 7. We prohibit use of cast nets, traps, or dip deer. With the antlered deer permit, you may nets to take fish from any lake, pond, or im- harvest any deer as your second deer. Arch- poundment on the refuge. ery equipment and muzzleloaders must meet 8. You must attend all fishing equipment. the requirements set by the State. We pro- 9. We prohibit bow fishing on refuge lakes, hibit other weapons in the hunt area (see ponds, and impoundments. § 27.43 of this chapter). Contact the refuge of- 10. The interior ponds and lakes on the fice for specific dates. Panacea Unit are open year-round for bank 10. There are two modern gun hunts. Mod- fishing. We open vehicle access to these ern guns must meet State requirements. We areas from March 15 through May 15 each will hold one hunt on the Panacea Unit and year. Ponds and lakes that you can access one on the Wakulla Unit. You may harvest from County Road 372 are open year-round deer as described in C9 above. You may also for fishing and boating. harvest one bearded turkey or feral hog (no 11. We prohibit commercial boats, air- limit). Contact the refuge office for specific thrust boats, and personal watercraft to dates. launch at the saltwater boat ramp on the St. 11. There is one youth hunt, for youths Marks Unit. ages 10 to 15, on the St. Marks Unit in an 12. We prohibit air-thrust boats or personal area to be specified in the refuge hunt bro- watercraft to launch from Wakulla Beach. chure. Hunters may harvest one deer of ei- 13. All fish must remain in a whole condi- ther sex or feral hog (no limit). An adult, age tion when being transported from the refuge. 21 or older, must accompany each youth ST. VINCENT NATIONAL WILDLIFE REFUGE hunter, and each adult may accompany only one youth. The adult must possess a refuge A. Migratory Game Bird Hunting. [Reserved] permit. Only the youth hunter may handle B. Upland Game Hunting. [Reserved]

237

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.28 50 CFR Ch. I (10–1–06 Edition)

C. Big Game Hunting. We allow hunting of applications after May 15 from the refuge of- white-tailed deer, sambar deer, raccoon, and fice (P.O. Box 447, Apalachicola, FL 32329). feral hog on designated areas of the refuge in 13. Primitive weapons hunters (sambar accordance with State regulations subject to deer and January white-tailed deer hunt), the following conditions: when outside the campsite area, must wear a 1. We require refuge permits. The permits minimum of 500 square inches (3,250 cm2) of are nontransferable and must be possessed a solid, unbroken pattern of fluorescent or- and carried while hunting. Only signed per- ange-colored material visible above the mits are valid. We only allow people with a waistline. signed refuge hunt permit on the island dur- 14. We limit weapons to muzzleloaders or ing the hunt periods. bow and arrow on the sambar deer hunt and 2. We restrict hunting to three hunt peri- the January white-tailed deer hunt. We limit ods: Sambar deer, raccoon, and feral hog— the December hunt to bow and arrow. Weap- November 17–19; and white-tailed deer, rac- ons must meet all State regulations. coon, and feral hog—December 15–17 and Jan- 15. We allow only stand, still, and stalk uary 5–7. Hunters may check-in and set up hunting. We prohibit man drives. camp sites and stands on November 16, De- 16. We prohibit the use of flagging material cember 14, and January 4. Hunters must and/or bright eyes. We prohibit defacing of leave the island and remove all equipment plants or trees (see § 27.51 of this chapter). by 11 a.m. on November 20, December 18, and 17. We prohibit target practice on the ref- January 8. uge (see § 27.42 of this chapter). You may dis- 3. Hunters must check-in at the check sta- charge muzzleloaders at the designated dis- tions on the island. We restrict entry onto charge area between 5 a.m. and 9 p.m. St. Vincent Island to the Indian Pass and 18. Nonmovement stand hours for all hunts West Pass campsites. We restrict entry dur- will be from legal morning shooting time ing the sambar deer hunt to the West Pass until 9 a.m. Campsite. All access to hunt areas will be on 19. We prohibit discharging of weapons (in- foot or by bicycle from these areas. 4. We close to public entry all areas cluding cap firing) in campgrounds (see marked with eagle nesting area, shorebird § 27.42 of this chapter). closed area, or area closed signs. 20. Weapons must have the caps removed from muzzleloaders and arrows quivered be- 5. Hunt hours are 1⁄2 hour before legal sunrise until 3 p.m. for the sambar deer hunt. fore and after legal shooting hours. All other hunt times will be in accordance 21. Hunters must check out at the check with Florida Wildlife Commission regula- station prior to leaving the refuge at the end tions. of their hunt. A refuge staff member or vol- 6. We restrict camping and fires (see § 27.95 unteer must check the campsites before the of this chapter) to the two designated camp- hunters leave the refuge. ing areas. We may restrict or ban fires dur- 22. We prohibit motorized equipment, gen- ing dry periods. erators, or land vehicles (except bicycles). 7. Hunters may set up camp after receiving 23. Refuge personnel must check and tag their hunting permit. We allow camping be- game harvested before the hunter leaves the ginning on the first day of the hunt period, island. and campers must remove all personal equip- 24. We prohibit littering (see § 27.94 of this ment (see § 27.93 of this chapter) from St. chapter) and cutting of live trees (see § 27.51 Vincent Island by 11 a.m. on Sunday of the of this chapter). Only dead and downed wood hunt period. may be cut. 8. You may only set up tree stands after 25. Bag limits: you check-in, and you must remove them i. Sambar deer hunt—two sambar deer, no from the island at the end of the hunt (see limit on feral hog or raccoon. § 27.93 of this chapter). ii. Archery hunt—one white-tailed deer of 9. You may only retrieve game from the either sex (no spotted fawns or spike bucks), closed areas if accompanied by a refuge offi- no limits on feral hogs or raccoons. cer. iii. Primitive weapons hunt—one white- 10. All youth hunters age 15 and younger tailed deer buck having one or more forked must remain within sight and normal voice antlers at least 5 inches (12.5 cm) in length contact of an adult age 21 or older, pos- visible above the hairline with points greater sessing a license. Each adult may only super- than 1 inch (12.5 cm) in length; we issue a vise one youth hunter. limited number of either-sex permits. If you 11. We will issue permits for the white- have an either sex permit, the bag limit is tailed deer December and January hunts be- one deer that may be antlerless or a buck ginning at legal sunrise on the first day of legal antler configuration. There is no limit the hunt period. You must obtain permits at on feral hog or raccoon. the check station prior to accessing the hunt 26. We prohibit bringing live game into the area. check station. 12. We issue permits for the sambar deer 27. Hunters must observe quiet time in the hunt by computer drawing. You may obtain campground between 9 p.m. and 5 a.m. We

238

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.29

prohibit loud or boisterous behavior or activ- guns. We prohibit target practice on the ref- ity. uge (see § 27.42 of this chapter). D. Sport Fishing. We allow fishing on des- 10. We prohibit air-thrust boats, hover- ignated areas of the refuge in accordance craft, personal watercraft, and off-road vehi- with State regulations subject to the fol- cles at all times. We limit vessels to a max- lowing conditions: imum of a 25 hp outboard motor. We allow 1. You may fish from legal sunrise to legal go-devil type motors. sunset. 11. We require all guides to purchase, pos- 2. We allow boats with electric motors. sess, and carry a refuge Special Use Permit. You must remove all other motors from the 12. We allow and recommend use of dogs for boats and secure them to a designated motor waterfowl retrieval. Dogs must remain under rack with a lock and chain. the immediate control of their handlers at 3. We prohibit the use of live minnow as all times (see § 26.21(b) of this chapter). We bait. allow dogs during prehunt scouting. 4. We allow fishing on Lakes 1 and 2 and 13. We allow youth hunt days in accord- Oyster Pond from April 1 through September ance with State regulations. Hunters under 30. age 16 may hunt only with a nonhunting 5. We allow fishing in Lakes 3, 4, and 5 adult age 18 or older. Youth hunters must re- from May 15 through September 30. main within sight and sound of the non- 6. We prohibit leaving boats and fishing hunting adult. gear on the refuge overnight (see § 27.93 of B. Upland Game Hunting. [Reserved] this chapter). C. Big Game Hunting. [Reserved] 7. We prohibit commercial fishing or the D. Sport Fishing. We allow fishing and crab- taking of frog or turtle (see § 27.21 of this bing on the refuge in accordance with State chapter). regulations subject to the following condi- 8. We only allow the use of rods and reels tions: or poles and lines. You must attend your 1. We prohibit air-thrust boats, hovercraft, fishing equipment at all times. personal watercraft, and off-road vehicles in 9. You may only take fish species and fish the freshwater and brackish marsh area limits authorized by State regulations. south of U.S. 41. We limit vessels to a max- TEN THOUSAND ISLANDS NATIONAL WILDLIFE imum of a 25 hp outboard motor. We allow REFUGE go-devil-type motors. 2. We allow fishing in the freshwater and A. Migratory Game Bird Hunting. We allow brackish marsh area of the refuge year-round hunting of duck and coot in accordance with from legal sunrise to legal sunset. You may State regulations subject to the following fish the tidal and barrier island area of the conditions: refuge year-round 24 hours a day. 1. We allow hunting daily during the early 3. We only allow crabbing and crab pots for wood duck/teal season. recreational use in the freshwater and brack- 2. We allow only hunting on Wednesdays, ish marsh area of the refuge. You may only Saturdays, Sundays, Thanksgiving, Christ- use crab pots in accordance with State regu- mas, and New Year’s Day within the regular lations. Abandoned or unchecked crab pots State season. after 72 hours are subject to impoundment. 3. You must possess and carry a valid, 4. We prohibit commercial fishing and the signed refuge hunt permit (free) at all times taking of snake and frog in the freshwater while hunting on the refuge. and brackish marsh area of the refuge. 4. We allow only hunting in the areas post- 5. We prohibit the use of trotlines, gigs, ed and shown on the refuge hunt brochure. spears, bush hooks, snatch hooks, crossbows, 5. We post entry points with signs num- or bows and arrows of any type in the fresh- bered 1, 2, and 3 along the south side of U.S. water and brackish marsh area of the refuge. 41. Hunters may enter the refuge at 4 a.m. and shooting hours start 1⁄2 hour before legal [58 FR 5064, Jan. 19, 1993, as amended at 59 sunrise. You must remove all decoys, guns, FR 6690, Feb. 11, 1994; 59 FR 55185, Nov. 3, blinds, and other related equipment (see 1994; 61 FR 46394, Sept. 3, 1996; 62 FR 47376, § 27.93 of this chapter) by 1 p.m. daily. Sept. 9, 1997; 63 FR 46915, Sept. 3, 1998; 65 FR 6. We prohibit hunting within 100 yards (90 30781, May 12, 2000; 65 FR 56401, Sept. 18, 2000; m) of the south edge of U.S. 41 and the area 66 FR 46355, Sept. 4, 2001; 67 FR 58944, Sept. signed around the small access road extend- 18, 2002; 69 FR 54362, 54378, Sept. 8, 2004; 70 FR ing south from U.S. 41. 54163, Sept. 13, 2005] 7. We prohibit pit blinds and permanent blinds (see § 27.92 of this chapter). § 32.29 Georgia. 8. We allow and recommend prehunt scouting from legal sunrise to legal sunset. The following refuge units have been 9. You may only take duck and coot with opened for hunting and/or fishing, and a shotgun (no larger than a 10 gauge). We are listed in alphabetical order with prohibit possession of handguns and long applicable refuge-specific regulations.

239

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.29 50 CFR Ch. I (10–1–06 Edition)

BANKS LAKE NATIONAL WILDLIFE REFUGE 11. We prohibit the use of organized drives for taking or attempting to take deer. A. Migratory Game Bird Hunting. [Reserved] 12. You may take five deer of either sex B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] and State bonus tags will be issued for two of D. Sport Fishing. We allow fishing on des- these. There is no bag limit on feral hog. ignated areas of the refuge in accordance 13. Refuge personnel must check deer har- with State regulations subject to the fol- vested during the scheduled hunt before lowing conditions: hunters may remove them from the refuge. 1 1. We only allow the use of pole and line or 14. Hunters must be on their stands from ⁄2 rod and reel, which the angler must attend hour before legal sunrise until 9 a.m. and at all times. from 2 hours before legal sunset until legal 2. We allow sport fishing after legal sunset; sunset. but we prohibit all other activity after legal 15. We prohibit target practice except in sunset. designated areas (see § 27.42 of this chapter). 3. We prohibit marking of paths or naviga- 16. Hunters must be off the island by 12 tional routes. p.m. (noon) on Sunday. 4. We prohibit swimming, wading, jet ski- 17. We close the refuge to the nonhunting ing, and water skiing. public 1 day prior to and 1 day after the hunt period, as well as on hunt days. BLACKBEARD ISLAND NATIONAL WILDLIFE 18. Youth hunters age 15 and under must REFUGE possess and carry a valid hunter education card in order to hunt. A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. [Reserved] 19. Youth hunters age 15 and under must C. Big Game Hunting. We allow hunting of remain within sight and normal voice con- white-tailed deer and feral hog on designated tact of an adult age 21 or older, possessing a areas of the refuge in accordance with State license. One adult may supervise no more regulations subject to the following condi- than one youth hunter. tions: D. Sport Fishing. Fishing is permitted on 1. Hunters must possess and carry signed designated areas of the refuge subject to the refuge permits on their persons at all times. following conditions: You may obtain information on permits and 1. Anglers may fish in freshwater year- the hunt at the refuge headquarters in Sa- round from sunrise to sunset, except during vannah, Georgia. managed deer hunts. 2. Hunters must check-in no more than 1 2. Only nonmotorized boats and boats with day in advance of the opening day of each electric motors are permitted. hunt. We prohibit check-in after legal sunset 3. The use of live minnows as bait is not of the second hunt day. permitted. 3. Each hunter may place one stand on the 4. Boats may not be left on the refuge over- refuge no earlier than 1 month prior to the night. opening day of each hunt but must remove 5. Anglers may bank fish into estuarine the stand (see § 27.93 of this chapter) by the waters daily from sunrise to sunset only. end of each hunt. BOND SWAMP NATIONAL WILDLIFE REFUGE 4. Hunters must check-in at the refuge dock prior to setting up camp. We require A. Migratory Game Bird Hunting. [Reserved] personal identification at check-in. B. Upland Game Hunting. [Reserved] 5. We confine hunters to the camping area C. Big Game Hunting. We allow hunting for until 12 p.m. (noon) of the first day of check- white-tailed deer and feral hog on designated in; we will allow scouting from 12 p.m. (noon) areas of the refuge in accordance with State until 5 p.m. regulations subject to the following condi- 6. Within the refuge, you may only travel tions: by foot or bicycle, except in the wilderness 1. We coordinate hunting seasons and lim- area where we allow only foot travel. We its with the State and annually list them in limit entry and exit points to the designated the refuge hunting brochure. check stations or other specified areas. We 2. We require you to possess and carry a prohibit hunters to leave by boat to reach signed refuge hunt permit while archery other parts of the island. hunting. You may obtain this permit from 7. You may only camp at the designated the refuge office. camping area. 3. We require a refuge hunt permit and 8. You must confine fires (see § 27.95 of this payment of a fee for the quota firearms chapter) to the camping area. hunts. You may obtain applications and in- 9. We prohibit flagging, blazing, or trail- formation about the hunt drawing from the marking devices to locate stands or for any refuge office. other purpose. 4. We require you to sign in once prior to 10. We only allow bows. We prohibit cross- each hunt at the refuge check station. bows or firearms (see §§ 27.42 and 27.43 of this 5. We allow access to the hunt area from 1 chapter). hour before legal sunrise to 1 hour after legal

240

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.29

sunset. We prohibit overnight camping and/ HARRIS NECK NATIONAL WILDLIFE REFUGE or parking. 6. We prohibit buckshot. A. Migratory Game Bird Hunting. [Reserved] 7. We prohibit flagging, blazing, painting, B. Upland Game Hunting. [Reserved] or any other trail-marking devices. C. Big Game Hunting. We allow hunting of 8. We prohibit hunting within 50 yards (45 white-tailed deer and feral hog on designated m) of a road open to vehicle travel or within areas of the refuge in accordance with State 200 yards (180 m) of a building. regulations subject to the following condi- 9. We prohibit entry into the designated tions: hunt area by nonhunters during the hunts. 1. Hunters must possess and carry a signed 10. We prohibit hunting or possession of refuge permit on their person at all times. weapons in public use or other areas posted We require payment of a fee for the quota ‘‘No Hunting Zone’’ or ‘‘Area Closed’’ or des- gun hunt only. You may obtain information ignated as no hunting areas on the hunt bro- on permits, quota hunt applications, and chure map (see §§ 27.42 and 27.43 of this chap- quota hunt drawings at the refuge head- ter). quarters in Savannah, Georgia. 11. We require you to bring any deer or hog 2. Each hunter may place one stand on the you harvest to the refuge check station the refuge during the week (Monday through day you kill it and before you leave the ref- Friday only) preceding each hunt, but you uge. must remove stands by the end of each hunt 12. We prohibit possession of field-dressed (see § 27.93 of this chapter). deer or hogs unless you have checked them 3. Hunters must be on their stands from 1⁄2 at the refuge check station. hour before legal sunrise until 9 a.m. and 13. We prohibit possession of alcoholic bev- from 2 hours before legal sunset until legal erages while on the refuge. sunset. 14. We prohibit target practice or any non- 4. We prohibit use of flagging, blazing, or hunting discharge of firearms (see § 27.42 of trail-marking devices to locate stands or for this chapter). any other purpose. 15. We require each firearms hunter to 5. We prohibit hunting closer than 100 2 wear at least 500 square inches (3,250 cm ) of yards (90 m) to State Highway 131, the refuge hunter orange as an outer garment above the entrance drive, refuge headquarters, Barbour waist. River Landing, Barbour River Road, or 16. We prohibit walking or trespassing on Gould’s Cemetery. the railroad tracks to access the refuge. 6. We require personal identification at 17. We prohibit removal of live hog from check-in. the refuge. 18. We prohibit the use of dogs. 7. To hunt during the morning stand hours, 19. We allow the use of ATVs on refuge bow hunters must enter the refuge through roads to retrieve game (see § 27.31 of this the refuge entrance gate only, between 5 chapter), but you must obtain permission a.m. and 6 a.m. We will allow hunters to exit from refuge staff before using the ATV. and re-enter through the entrance gate only, 20. We allow limited nonmotorized portable from 9 a.m. until 4 p.m. After 4 p.m. we pro- boat access at the Stone Creek parking area. hibit entry to the refuge. 21. We prohibit the use of organized drives 8. During the archery hunt, we will restrict for taking or attempting to take game. vehicles to the auto tour route (see § 27.31 of D. Sport Fishing. We allow fishing on des- this chapter) and allow two-way traffic. ignated areas of the refuge in accordance 9. During the archery hunt, we only allow with State regulations subject to the fol- bows. lowing conditions: 10. We require gun hunters to check-in at 1. We allow fishing from March 15 to Octo- the refuge headquarters between 4 a.m. and 5 ber 15, except on the Ocmulgee River, which a.m. and park in designated areas prior to is open to fishing year-round. hunting. We prohibit entry by boat. 2. We only allow access to the refuge and 11. You may take three deer of either sex fishing from legal sunrise to legal sunset. (State bonus deer tags will be issued for two 3. We only allow fishing with pole and line of these). There is no bag limit on feral hog. or rod and reel. 12. During the gun hunt, you must only use 4. We prohibit boats on all refuge waters, shotguns with slugs 20 gauge or larger. except the Ocmulgee River, where we allow 13. We prohibit target practice or any non- boats. hunting discharge of firearms (see § 27.42 of 5. We prohibit leaving boats or other per- this chapter). sonal equipment on the refuge overnight (see 14. Gun hunters must wear an outer gar- § 27.93 of this chapter). ment with a minimum of 500 square inches 6. The minimum size limit for largemouth (3,250 cm2) of hunter-orange material above bass is 14 inches (490 cm). the waistline. 15. Refuge personnel must check deer har- EUFAULA NATIONAL WILDLIFE REFUGE vested during refuge hunts before leaving the Refer to § 32.20 Alabama for regulations. refuge.

241

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.29 50 CFR Ch. I (10–1–06 Edition)

16. We prohibit the use of organized drives iv. You must sign-in and sign out. for taking or attempting to take game. v. You must tag your deer with special ref- 17. We will close the refuge to the non- uge tags. There is a limit of two deer of ei- hunting public on all hunt days. ther sex. 18. Youth hunters age 15 and under must vi. We only zone Chesser Island Hunt area possess and carry a valid hunter education to accommodate wheelchair hunters. card in order to hunt. vii. Conditions B3, C1iii, and C1iv apply. 19. Youth hunters age 15 and under must viii. We prohibit dogs. remain within sight and normal voice con- 3. In the Cowhouse Island Unit: tact of an adult age 21 or older, possessing a i. Dixon Memorial Wildlife Management license. One adult may supervise no more Area rules, regulations, dates, and times than one youth hunter. apply. D. Sport Fishing. Fishing is permitted on designated areas of the refuge subject to the ii. Conditions B1, B3, C1iii, and C1iv apply. following conditions: D. Sport Fishing. We allow fishing on des- 1. Anglers may fish in estuarine waters ignated areas of the refuge in accordance year round from sunrise to sunset daily. with State regulations subject to the fol- 2. Bank fishing into estuarine waters is lowing conditions: permitted only from sunrise to sunset. 1. We allow motorized boats with motors 10 3. Anglers may use the Barbour River pub- hp or less. lic boat ramp as public access year-round 2. We prohibit possession of live bait fish. from 4:00 a.m. to 12:00 p.m. (midnight), daily. 3. We only allow the use of pole and line or However, anglers may not use the Barbour rod and reel. River public boat ramp as access from 12:01 4. In the Suwannee Canal unit: a.m. to 3:59 a.m. daily. i. We prohibit fishing in the boat basin. ii. We prohibit fishing in ponds and canals OKEFENOKEE NATIONAL WILDLIFE REFUGE along the Swamp Island Drive. A. Migratory Game Bird Hunting. [Reserved] iii. We reserve the porch and canal area be- B. Upland Game Hunting. We allow the hind the visitor center for youth age 15 and hunting of rabbit, squirrel, bobwhite quail, under and physically disabled. and turkey on the Cowhouse Unit of the ref- 5. Condition B3 applies. uge. The season will be consistent with the adjacent Dixon Memorial Wildlife Manage- PIEDMONT NATIONAL WILDLIFE REFUGE ment Area and in accordance with State A. Migratory Game Bird Hunting. [Reserved] hunting regulations subject to the following B. Upland Game Hunting. We allow hunting conditions: of quail, squirrel, rabbit, raccoon, and opos- 1. We only allow foot and bicycle traffic on sum on designated areas of the refuge in ac- the refuge portion of Cowhouse Island. cordance with State regulations subject to 2. We only allow dogs to locate, point, and the following conditions: retrieve during quail hunts. 1. We prohibit upland game hunting during 3. For more information, contact the ref- refuge deer or turkey hunts. uge at 912–496–7836. 2. We coordinate hunting seasons for rac- C. Big Game Hunting. We allow hunting of coon and opossum with the State and annu- turkey only on the Cowhouse Island Unit of ally list them in the refuge hunt brochure. the refuge. We allow hunting of white-tailed deer and feral hog at the Suwannee Canal 3. You must possess and carry a signed ref- Recreation Area, the Pocket Unit, and uge hunt permit while hunting. You may ob- Cowhouse Island Unit in accordance with tain the permit from the refuge office. State regulations subject to the following 4. We require a refuge hunt permit to hunt conditions: on the Hitchiti Experimental Forest in ac- 1. In the Pocket Unit: cordance with refuge hunting seasons and i. We only allow archery hunting and foot regulations. traffic. 5. We prohibit hunting or possessing weap- ii. You must sign-in and out. ons in areas posted ‘‘No Hunting Zone’’ or iii. You must remove tree stands daily (see ‘‘Area Closed’’ or designated as no hunting § 27.93 of this chapter). areas on the hunt brochure map (see §§ 27.42 iv. We prohibit dogs. and 27.43 of this chapter). 2. In the Suwannee Canal Unit: 6. The refuge is a day-use-only area, with i. We only allow two 1⁄2–day hunts (dates the exception of legal hunting activities. will be announced) and shotguns with slugs 7. We allow access to the hunt area for or muzzleloaders. quail, squirrel, and rabbit hunting from 1 ii. We require a refuge permit through ref- hour before legal sunrise to 1 hour after legal uge lottery, which interested parties should sunset. We prohibit overnight camping and/ enter before August 31 (fee will be an- or parking. nounced). 8. We allow hunting for raccoon and opos- iii. Hunters must remain on stands from 30 sum from 6 p.m. to 6 a.m. on the days listed minutes before legal sunrise until 9 a.m. as open in the refuge hunt brochure.

242

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.29

9. We only allow .22 caliber or smaller rim- generators after 10 p.m. or before 6 a.m. in fire firearms for raccoon and opossum hunt- the campground (see § 27.72 of this chapter). ing. 16. We prohibit dogs for hunting big game. 10. You may use dogs on designated areas 17. We prohibit the use of organized drives of the refuge in accordance with State regu- for taking or attempting to take game. lations. D. Sport Fishing. We allow fishing on des- 11. You must keep your dogs confined or on ignated areas of the refuge in accordance a leash except when hunting, and you must with State regulations subject to the fol- remove your dogs upon your departure from lowing conditions: the refuge (see § 26.21(b) of this chapter). 1. We allow fishing from April 1 to Sep- C. Big Game Hunting. We allow hunting for tember 30. white-tailed deer, turkey, and feral hog on 2. We only allow access to the refuge and designated areas of the refuge in accordance fishing from legal sunrise to legal sunset. with State regulations subject to the fol- 3. You may keep the following numbers of lowing conditions: fish each day: bass—5; channel catfish—5; 1. Conditions B4, B5, and B6 apply. sunfish or bream—15; all other species— 2. We coordinate hunting seasons and lim- State limit. its with the State and annually list them in 4. We allow nonmotorized boats on all the refuge hunting brochure. ponds designated as open to fishing except the Children’s pond. We allow boats with 3. We require you to possess and carry a electric motors only in Pond 2A and Allison signed refuge permit while archery hunting. Lake. You may obtain this permit from the refuge 5. We limit fishing in Pond 21A to youths office. age 15 and under. 4. We require a refuge hunt permit and 6. We only allow fishing with pole and line payment of a fee for the quota firearms or rod and reel. hunts. You may obtain applications and in- 7. We prohibit leaving boats or other per- formation about the hunt drawing from the sonal equipment on the refuge overnight (see refuge office. § 27.93 of this chapter). 5. We have a special deer hunt for disabled 8. We prohibit the use of fish for bait. hunters confined to wheelchairs. You may 9. We prohibit placing or throwing in the obtain information about this hunt from the water feeds, grains, or other materials to refuge office. chum or attract fish. 6. We prohibit entry into designated hunt 10. You must immediately release any area by nonhunters during the hunts. grass carp you catch. We are using these fish 7. We allow access to the hunting area to help combat an exotic weed invasion in from 1 hour before legal sunrise to 1 hour some ponds. after legal sunset. We prohibit overnight camping and/or parking except in the des- SAVANNAH NATIONAL WILDLIFE REFUGE ignated campground at Pippins Lake. You A. Migratory Game Bird Hunting. We allow must have a refuge hunting permit to enter hunting of duck and coot on designated areas and use the campground. north of Georgia Highway 25 of the refuge in 8. We prohibit buckshot. accordance with State regulations subject to 9. We only allow alcoholic beverages in the the following conditions: designated campground. 1. You must possess and carry a signed ref- 10. We prohibit flagging, blazing, painting, uge permit at all times while hunting on the or any other trail-marking devices. refuge. We only require a fee for the quota 11. We prohibit hunting within 50 yards (45 youth waterfowl hunt on the Solomon Tract m) of a road open to vehicle travel or within and the wheelchair-dependent hunters’ quota 200 yards (180 m) of a building. deer hunt. 12. You must bring any deer, turkey, or 2. We only allow temporary blinds. You hog you harvest to the refuge check station must remove decoys and other personal prop- intact, except entrails, the day you kill them erty from the refuge daily (see § 27.93 of this and before you leave the refuge. We prohibit chapter). possession of dressed deer, turkey, or hog un- 3. We prohibit hunting within 100 yards (90 less you have checked them at the refuge m) of Georgia Highway 25; or in or on Middle check station. and Steamboat Rivers and Houstown Cut, or 13. We prohibit ATVs on the refuge except closer than 50 yards (45 m) of the shoreline of by disabled hunters with a refuge Special these waterways. Use Permit. 4. Youth hunters age 15 and under must 14. We prohibit target practice on the ref- possess and carry a valid hunter education uge, including the shooting of firearms or card in order to hunt. bows in the designated campground, or any 5. Youth hunters age 15 and under must re- nonhunting discharge of firearms (see § 27.42 main within sight and normal voice contact of this chapter). of an adult age 21 or older, possessing a li- 15. We prohibit audio equipment such as cense. One adult may supervise no more than radios or other noise-making devices such as two youth hunters.

243

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.29 50 CFR Ch. I (10–1–06 Edition)

B. Upland Game Hunting. We allow hunting 10. We only allow shotguns with #2 shot or of squirrel November 1 through November 30 smaller and bows for turkey hunting in ac- on designated areas of the refuge in accord- cordance with State regulations. We prohibit ance with State regulations subject to the possession of slugs or buckshot during tur- following conditions: key hunts. 1. You must possess and carry a signed ref- D. Sport Fishing. We allow fishing on des- uge permit at all times while hunting on the ignated areas of the refuge subject to the fol- refuge. Permits and hunt information are lowing conditions: available at the refuge headquarters in Sa- 1. Anglers may fish in refuge impound- vannah, Georgia. ments and canals from March 1 through No- 2. We only allow .22 caliber rimfire rifles or vember 30 annually. shotguns with #2 shot or smaller for squirrel 2. Anglers may fish in Kingfisher Pond hunting. year round. 3. We prohibit handguns. 3. We allow fishing from sunrise to sunset. 4. We prohibit the use of dogs. 4. Anglers may bank fish year round in the 5. You may take feral hog with weapons canals adjacent to the wildlife drive. legal for this hunt (no bag limit). 5. Boats may not be left on the refuge over- 6. We require a refuge big game license. night. 7. We require hunters to wear an outer gar- 6. Anglers may only use non-motorized ment that contains a minimum of 500 square boats and boats with electric motors within inches (3,250 cm2) of hunter-orange material impounded waters. above the waistline (except during the archery-only deer hunt, the turkey hunt, and the WASSAW NATIONAL WILDLIFE REFUGE waterfowl hunt). A. Migratory Game Bird Hunting. [Reserved] 8. Conditions A4 and A5 apply. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, and feral hog on white-tailed deer and feral hog on designated designated areas of the refuge in accordance areas of the refuge in accordance with State with State regulations subject to the fol- regulations subject to the following condi- lowing conditions: tions: 1. You must possess and carry a signed ref- 1. Hunters must carry a signed refuge per- uge permit at all times while hunting on the mit on their person at all times. We only re- refuge. We require a fee for the wheelchair- quire payment of a fee for the quota gun dependent hunters’ quota gun hunt for deer. hunt for deer. You may obtain information Permits, quota hunt applications, and infor- on permits, quota hunt applications, and mation about the quota hunt drawing are quota hunt drawings at the refuge head- available at the refuge headquarters in Sa- quarters in Savannah, Georgia. vannah, Georgia. 2. We prohibit flagging, blazing, or trail- 2. We allow archery hunting for deer and marking devices to locate stands or for any hog from October 1 through 31 on designated other purpose. areas (consult the refuge brochure for the 3. We prohibit the use of organized drives areas). for taking or attempting to take game. 3. We only allow bows for deer and hog 4. Refuge personnel must check deer har- hunting during the archery hunt. vested during scheduled hunts before hunters 4. We allow gun hunting for deer and hog leave the refuge. from November 1 through 30 on designated 5. You may take five deer of either sex areas of the refuge. We also allow hog (only) (State bonus tags issued for two of these). hunting during a special 9-day hunt in There is no bag limit on feral hog. March. 6. Hunters must be on their stands from 1⁄2 5. We only allow shotguns with slugs, hour before legal sunrise until 9 a.m. and muzzleloaders, and bows for deer and hog from 2 hours before legal sunset until legal hunting throughout the designated hunt area sunset. during the November gun hunt and the 7. We prohibit target practice or any non- March hog hunt. However, we allow high- hunting discharge of firearms (see § 27.42 of powered rifles north of Interstate Highway 95 this chapter). only. We prohibit handguns. 8. We allow bows and muzzleloading rifles 6. You may take five deer, no more than during the primitive weapons hunt. three anterless and two antlered. There is no 9. We allow shotguns, 20 gauge or larger bag limit on feral hog. (slugs only), centerfire rifles of .22 caliber or 7. Doe days for refuge lands in Georgia will larger, bows, and primitive weapons during only coincide with doe days set by the Geor- the gun hunt. gia Department of Natural Resources for 10. We prohibit mooring boats to the gov- Effingham County. ernment dock except for loading or unload- 8. Conditions B7, A4, and A5 apply. ing purposes. 9. We allow turkey hunting during a spe- 11. Hunters must check-in at the refuge cial 16-day turkey hunt in April. Turkey dock prior to setting up camp. We require hunters may only harvest three gobblers. personal identification at check-in.

244

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.31

12. We only allow camping at the des- are listed in alphabetical order with ignated camping area. You must confine applicable refuge-specific regulations. fires (see § 27.95 of this chapter) to the camping area. HAKALAU FOREST NATIONAL WILDLIFE REFUGE 13. Each hunter may place one stand on the refuge no earlier than 1 month prior to the A. Migratory Game Bird Hunting. [Reserved] opening day of each hunt, but you must re- B. Upland Game Hunting. [Reserved] move all stands by the end of each hunt (see C. Big Game Hunting. Hunters may hunt § 27.93 of this chapter). feral pigs and feral cattle on designated 14. We require hunters to wear an outer areas of the refuge subject to the following garment that contains a minimum of 500 condition: square inches (3,250 cm2) of hunter-orange 1. You must have reservations or permits material above the waistline. to access the refuge. 15. Hunters may check-in at the refuge D. Sport Fishing. [Reserved] dock no more than 1 day in advance of the opening day of the hunt. We will confine HANALEI NATIONAL WILDLIFE REFUGE hunters to the camping area until 12 p.m. A. Migratory Game Bird Hunting. [Reserved] (noon) of the first day of check-in; we will B. Upland Game Hunting. [Reserved] allow scouting from 12 p.m. (noon) until 5 C. Big Game Hunting. [Reserved] p.m. D. Sport Fishing. Fishing is permitted on 16. Hunters must be off the island the day designated areas of the refuge. following the last day of the hunt. 17. Within the refuge, you may only walk KAKAHAIA NATIONAL WILDLIFE REFUGE or use a bicycle. We prohibit hunters to leave by boat to reach other parts of the island. A. Migratory Game Bird Hunting. [Reserved] 18. We will close the refuge to the non- B. Upland Game Hunting. [Reserved] hunting public 1 day prior to, and 1 day C. Big Game Hunting. [Reserved] after, the hunt period as well as on the hunt D. Sport Fishing. Fishing is permitted on days. designated areas of the refuge. 19. Youth hunters age 15 and under must KILAUEA POINT NATIONAL WILDLIFE REFUGE possess and carry a valid hunter education card in order to hunt. A. Migratory Game Bird Hunting. [Reserved] 20. Youth hunters age 15 and under must B. Upland Game Hunting. [Reserved] remain within sight and normal voice con- C. Big Game Hunting. [Reserved] tact of an adult age 21 or older, possessing a D. Sport Fishing. Anglers may salt water license. One adult may supervise no more fish in designated areas of the refuge. than one youth hunter. D. Sport Fishing. Fishing is permitted on [58 FR 5064, Jan. 19, 1993, as amended at 59 designated areas of the refuge subject to the FR 6691, Feb. 11, 1994; 62 FR 47377, Sept. 9, following conditions: 1997; 65 FR 30782, May 12, 2000; 69 FR 54362, 1. Fishing is permitted year-round except Sept. 8, 2004] during refuge hunts. 2. Bank fishing into estuarine waters is § 32.31 Idaho. permitted only from sunrise to sunset. The following refuge units have been WOLF ISLAND NATIONAL WILDLIFE REFUGE opened for hunting and/or fishing, and are listed in alphabetical order with A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. [Reserved] applicable refuge-specific regulations. C. Big Game Hunting. [Reserved] BEAR LAKE NATIONAL WILDLIFE REFUGE D. Sport Fishing. Anglers may fish in designated areas of the refuge subject to the fol- A. Migratory Game Bird Hunting. We allow lowing condition: hunting of duck, goose, coot, and snipe on 1. Anglers may fish year round. designated areas of the refuge in accordance 2. Fishing from boats is only permitted on with State regulations subject to the fol- Beacon and Wolf Creeks. lowing conditions: 1. We prohibit air-thrust boats. [58 FR 5064, Jan. 19, 1993, as amended at 59 2. We allow nonmotorized and motorized FR 6691, Feb. 11, 1994; 59 FR 55185, Nov. 3, boats after September 20 within the des- 1994; 62 FR 47377, Sept. 9, 1997; 63 FR 46915, ignated hunting area. We prohibit air-thrust Sept. 3, 1998; 65 FR 30781, May 12, 2000; 66 FR boats. 46355, Sept. 4, 2001; 67 FR 58944, Sept. 18, 2002; 69 FR 54362, 54382, Sept. 8, 2004; 70 FR 54166, 3. You may only use portable blinds or con- Sept. 13, 2005] struct temporary blinds of natural vegetation. Blinds will be available for general use § 32.30 Hawaii. on a first-come, first-served basis. You must remove portable blinds from the refuge at The following refuge units have been the end of each day (see § 27.93 of this chap- opened for hunting and/or fishing, and ter).

245

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.31 50 CFR Ch. I (10–1–06 Edition)

4. You must remove all personal property, bounded by the water’s edge and extending including decoys and boats, (see § 27.93 of this to a point 200 yards (180 m) lakeward in hunt- chapter) from the refuge at the end of each ing area 1 on the Lake Lowel sector. day. B. Upland Game Hunting. Hunting of upland B. Upland Game Hunting. We allow hunting game is permitted on designated areas of the of pheasant, grouse, partridge, and cotton- refuge subject to the following conditions: tail rabbit on designated areas of the refuge 1. Hunting of pheasant, quail and partridge in accordance with State regulations subject is permitted on the Lake Lowell Sector. to the following condition: You may only 2. Shooting hours on the Lake Lowell sec- possess approved nontoxic shotshells while tor are the same as those for waterfowl hunt- in the field (see § 32.2(k)). ing. C. Big Game Hunting. [Reserved] 3. Hunting is not permitted on the Snake D. Sport Fishing. We allow fishing on des- River sector from February 1 through May ignated areas of the refuge in accordance 31. with State regulations subject to the fol- 4. Pheasant, quail, and partridge hunters lowing conditions: may possess only approved nontoxic shot 1. We prohibit boats in the fishing area. while in the field. 2. We prohibit use and possession of lead C. Big Game Hunting. Hunting of deer is weights or sinkers. permitted on designated areas of the refuge subject to the following condition: Hunting CAMAS NATIONAL WILDLIFE REFUGE is permitted only on the Snake River Sector. D. Sport Fishing. Fishing is permitted on A. Migratory Game Bird Hunting. We allow designated areas of the refuge subject to the hunting of duck, goose, coot, and snipe on following conditions: designated areas of the refuge in accordance 1. During the waterfowl season, we allow with State regulations subject to the fol- fishing only within the area bounded by the lowing conditions: water’s edge extending to a point 200 yards 1. We prohibit public entry onto the refuge (180 m) lakeward in front of the Lower Dam, prior to 1 hour before legal hunting hours. fishing area A and in front of the Upper Dam, 2. You may only use portable blinds or con- and fishing area B on the Lake Lowell sec- struct temporary blinds of natural vegeta- tor. tion. Blinds will be available for general use 2. Nonmotorized boats are permitted from on a first-come, first-served basis. You must 1⁄2 hour before sunrise to 1⁄2 hour after sunset remove portable blinds (see § 27.93 of this from October 1 through April 14, within the chapter) at the end of each day. area bounded by the water’s edge extending 3. You may only transport firearms (see to a point 200 yards lakeward in front of the § 27.42 of this chapter) on the hunter access lower dam fishing area A, and in front of the roads. upper dam, fishing area B. 4. You must remove all personal property 3. Motorized and nonmotorized boats are (see § 27.93 of this chapter), including decoys, permitted from 1⁄2 hour before sunrise to 1⁄2 from the refuge at the end of each day. hour after sunset from April 15 through Sep- B. Upland Game Hunting. We allow hunting tember 30. of pheasant, grouse, and partridge on des- 4. Shoreline fishing is not permitted on the ignated areas of the refuge in accordance islands of the Snake River Sector from Feb- with State regulations subject to the fol- ruary 1 through May 31. lowing conditions: 1. You may only possess approved nontoxic GRAYS LAKE NATIONAL WILDLIFE REFUGE shotshells while in the field (see § 32.2(k)). A. Migratory Game Bird Hunting. We allow 2. You may only transport firearms (see hunting of duck, goose, coot, and snipe on § 27.42 of this chapter) on the hunter access designated areas of the refuge in accordance roads. with State regulations subject to the fol- C. Big Game Hunting. [Reserved] lowing conditions: D. Sport Fishing. [Reserved] 1. We only allow nonmotorized boats. 2. You may only use portable blinds or con- DEER FLAT NATIONAL WILDLIFE REFUGE struct temporary blinds of natural vegeta- A. Migratory Game Bird Hunting. Hunting of tion. Blinds will be available for general use geese, ducks, coots, common snipe and doves on a first-come, first-served basis. You must is permitted on designated areas of the ref- remove portable blinds (see § 27.93 of this uge subject to the following conditions: chapter) at the end of each day. 1. You may hunt only ducks, coots, and 3. We only allow hunters and dogs to re- doves on the Lake Lowell sector. trieve game in designated hunting areas. 2. Only portable and temporary blinds con- 4. You must remove all personal property, structed of natural materials are permitted. including decoys and boats, (see § 27.93 of this 3. Snipe and dove hunters may possess only chapter) from the refuge at the end of each approved nontoxic shot while in the field. day. 4. We restrict nonmotorized boats and B. Upland Game Hunting. [Reserved] boats with electric motors only to the area C. Big Game Hunting. [Reserved]

246

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.32

D. Sport Fishing. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. We allow sport fishing on KOOTENAI NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the A. Migratory Game Bird Hunting. Hunting of following conditions: geese, ducks, and coots is permitted on des- 1. We allow fishing from boats on the main ignated areas of the refuge subject to the fol- reservoir from Minidoka Dam to the west tip lowing conditions: of Bird Island, April 1 through September 30. 1. Hunting is permitted only on Tuesdays, 2. We allow fishing from boats within boat- Thursdays, Saturdays and Sundays. ing lanes at Smith and Gifford Springs year 2. Hunters are limited to the use and/or around. possession of no more than 25 shells per day. 3. We allow bank fishing all year. 3. All firearms must be unloaded when in [58 FR 5064, Jan. 19, 1993, as amended at 59 the posted retrieving zone for purposes of re- FR 6691, Feb. 11, 1994; 60 FR 62041, Dec. 4, trieving downed birds or traveling to or from 1995; 65 FR 30782, May 12, 2000; 65 FR 56402, the hunting area. Sept. 18, 2000; 66 FR 46355, Sept. 4, 2001; 69 FR B. Upland Game Hunting. We allow hunting 54362, 54386, Sept. 8, 2004] of forest grouse on designated areas of the refuge subject to the following condition: § 32.32 Illinois. You may possess only approved nontoxic shot while in the field. The following refuge units have been C. Big Game Hunting. Hunting of deer, elk, opened for hunting and/or fishing, and black bear, moose and mountain lion is per- are listed in alphabetical order with mitted on designated areas of the refuge sub- applicable refuge-specific regulations. ject to the following condition: Hunting is permitted only on that portion of the refuge CHAUTAUQUA NATIONAL WILDLIFE REFUGE that lies west of the West Side Road. A. Migratory Game Bird Hunting. Hunting of D. Sport Fishing. Fishing is permitted only migratory game birds is permitted on des- on Myrtle Creek subject to the following ignated areas of the refuge subject to the fol- condition: Only bank fishing is permitted. lowing conditions: Fishing from boats, float tubes, or other per- 1. Hunting is permitted only in the area sonal flotation devices is prohibited. outside the main dike in the Liverpool Lake section and north of the entrance to the MINIDOKA NATIONAL WILDLIFE REFUGE north ditch known as Goofy Ridge Ditch. A. Migratory Game Bird Hunting. We allow 2. Hunters must remove boats, decoys, and hunting of duck, goose, coot, and snipe on portable blinds at the end of each day’s hunt designated areas of the refuge in accordance (see §§ 27.93 and 27.94 of this chapter). with State regulations subject to the fol- B. Upland Game Hunting. [Reserved] lowing conditions: C. Big Game Hunting. [Reserved] 1. We only allow hunters and dogs to re- D. Sport Fishing. We allow fishing on des- trieve game in designated hunting areas. ignated areas of the refuge subject to the fol- 2. You may only use portable blinds or con- lowing conditions: struct temporary blinds of dead natural 1. We allow fishing on Lake Chautauqua vegetation. Blinds will be available for gen- from January 15 through October 15. You eral use on a first-come, first-served basis. may not fish in the Waterfowl Hunting Area You must remove portable blinds (see § 27.93 during waterfowl hunting season. of this chapter) at the end of each day. We 2. We allow bank fishing from legal sunrise prohibit use of rock piles above the high- October 16 to legal sunset January 14 be- water mark for blind construction. We pro- tween the boat ramp and the fishing trail in hibit pit blinds (see § 27.92 of this chapter). the North Pool and from Goofy Ridge Public 3. We only allow vehicle parking in des- Access to west gate of the north pool water ignated parking lots. control structure. 4. On West Hunting Area (Lake Walcott), 3. We restrict motorboats to ‘‘slow speed/ we allow hunting on the uplands and over minimum wake.’’ water within 100 yards (90 m) of the shore- 4. The public may not enter Weis Lake on line. We only allow use of boats for retrieval the Cameron-Billsbach Unit of Chautauqua of game. National Wildlife Refuge from October 16 5. On East Hunting Area (Tule Island), we through January 14, to provide sanctuary for allow boats during the waterfowl hunting migratory birds. season. CRAB ORCHARD NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. We allow hunting of pheasant, grouse, partridge, and cotton- A. Hunting of Migratory Birds. Hunters may tail rabbit on designated areas of the refuge hunt waterfowl on designated areas of the in accordance with State regulations subject refuge in accordance with posted regulations to the following condition: You may only and subject to the following conditions. possess approved nontoxic shotshells while 1. Hunters may hunt waterfowl, by daily in the field (see § 32.2(k)). permit drawing, on the controlled areas of

247

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.32 50 CFR Ch. I (10–1–06 Edition)

Grassy Point, Carterville, and Greenbriar D. Sport Fishing. Anglers may fish on des- land areas, plus Orchard, Sawmill, Turkey, ignated areas of the refuge in accordance and Grassy islands, from one-half hour be- with posted regulations and subject to the fore sunrise to posted closing times each day following conditions: during the goose season. Hunters may hunt 1. Crab Orchard Lake—west of Wolf Creek waterfowl in these areas, including the lake Road—Anglers may fish from boats all year. shoreline, only from existing refuge blinds Anglers must remove trotlines/jugs from during the goose season. sunrise until sunset from Memorial Day 2. We only allow the use of portable or through Labor Day; east of Wolf Creek Road, temporary blinds. Blinds must be a min- anglers may fish from boats March 15 imum of 200 yards (180 m) apart. You must through September 30. Anglers may fish all remove portable or temporary blinds, any year at the Wolf Creek and Route 148 cause- material brought onto the refuge for blind way areas. Anglers must check and remove construction, boats, decoys, and all other fish from all jugs and trotlines daily. It is il- personal property from the refuge at the end legal to use stakes to anchor any trotlines; of each day’s hunt. anglers must tag them with their name and 3. Goose hunters outside the controlled address. Anglers may use all noncommercial goose hunting area on Crab Orchard Lake fishing methods except they may not use any must hunt from a blind that is on shore or underwater breathing apparatus. Anglers anchored a minimum of 200 yards (180 m) may not use jugs or trotlines with any flota- away from any shoreline. Waterfowl hunters tion device that has previously contained may also hunt on the east shoreline in any petroleum-based materials or toxic sub- Grassy Bay. stances. Anglers must attach a buoyed de- 4. You may possess only approved nontoxic vice that is visible on the water’s surface to shot while hunting migratory game bird spe- all trotlines. cies. 2. A–41, Bluegill, Blue Heron, Managers, B. Upland Game Hunting. Hunters may hunt Honkers, and Visitors Ponds: Anglers may upland game on designated areas of the ref- fish only from sunrise to sunset March 15 uge in accordance with posted regulations through September 30. Anglers may not use and subject to the following conditions: boats or flotation devices. 1. Upland game hunting prohibited in the 3. Anglers may not submerge any pole or controlled goose hunting areas during the similar object to take or locate any fish. goose hunting season, except furbearer hunt- 4. Organizers of all fishing events must ing permitted from sunset to sunrise. possess a refuge-issued permit. 2. Hunters may not use rifles or handguns 5. Anglers may not fish within 250 yards of with ammunition larger than .22 caliber rim an occupied waterfowl hunting blind. fire, except they may use black powder fire- 6. Fishermen may anchor trotlines only arms up to and including .40 caliber. with portable weights that are removed from 3. You may possess only approved nontoxic the water, along with the trotlines and jugs. shot while hunting all permitted species ex- 7. We restrict motorboats to slow speeds cept wild turkey. You may possess and use leaving no wakes in Cambria Neck, and with- lead shot for hunting wild turkey. in 150 feet (45 m) of any shoreline, swimming C. Big Game Hunting. Hunters may hunt area, marina entrance, boat ramp, or cause- white-tailed deer on designated areas of the way tunnel on Crab Orchard, Little Grassy, refuge in accordance with posted regulations or Devils Kitchen Lakes. and subject to the following conditions: 1. Hunters must possess a special permit CYPRESS CREEK NATIONAL WILDLIFE REFUGE issued by the Illinois Department of Natural A. Migratory Game Bird Hunting. We allow Resources. hunting of duck, goose, coot, woodcock, 2. We require hunters using the closed area dove, and snipe on designated areas of the to check in at the refuge visitor contact sta- refuge in accordance with State regulations tion prior to hunting and to comply with the subject to the following conditions: special rules provided to them. 1. We require hunters to possess and carry 3. We prohibit deer hunting with a firearm a free refuge hunting permit while hunting in the controlled goose hunting areas or on on the refuge. all refuge lands north of Illinois State Route 2. We prohibit leaving boats on the refuge 13. We allow deer hunting in the controlled overnight (see § 27.93 of this chapter). goose hunting areas and on all refuge lands 3. We prohibit outboard motors larger than north of Illinois State Route 13 only with 10 hp. archery equipment and in accordance with 4. We prohibit the use of paint, flagging, State regulations. reflectors, tacks, or other manmade mate- 4. You must remove hunting stands at the rials to mark trails or hunting locations. end of each day’s hunt. 5. We allow dove hunting beginning on Sep- 5. Permitted hunters may use center fire tember 1 and continuing on the following ammunition for handgun deer hunting dur- Mondays, Wednesdays, and Saturdays ing the handgun deer season. throughout the State season.

248

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.32

6. We only allow the use of portable or with State regulations subject to the fol- temporary blinds. Hunters must remove all lowing conditions: blinds and decoys (see § 27.93 of this chapter) 1. Only temporary structures or blinds con- from the refuge at the end of each day. structed of native materials are permitted. 7. On the Bellrose Waterfowl Reserve: 2. Hunters must remove boats, decoys, and i. We prohibit duck hunting. portable blinds at the end of each day’s hunt. ii. You may only hunt goose following the 3. We allow the use of motorized boats at closure of the State duck hunting season. no-wake speeds on all refuge waters. iii. We only allow goose hunting on Tues- B. Upland Game Hunting. We allow hunting days, Thursdays, Saturdays, and Sundays. of upland game on designated areas of the iv. We allow hunting from 1⁄2 hour before refuge in accordance with State regulations legal sunrise until 1 p.m. subject to the following conditions: v. Hunters must exit the Reserve by 2 p.m. 1. You may possess only approved nontoxic vi. We prohibit entry to the Reserve prior shot while hunting all allowed species except to 4:30 a.m. wild turkey and coyote (see § 32.2(k)). You vii. We prohibit hunting during the special may possess lead shot for hunting of wild snow goose seasons after closure of the reg- turkey and coyote. ular goose seasons. 2. We allow access for hunting from 1 hour viii. We prohibit construction or use of pit before legal sunrise until legal sunset. blinds (see § 27.92 of this chapter). C. Big Game Hunting. We allow hunting of ix. We prohibit hunting within 100 yards (90 big game on designated areas of the refuge in m) of any private property boundary. accordance with State regulations subject to x. All hunting parties must be at least 200 the following condition: Hunters must re- yards (180 m) apart. move hunting stands at the end of each day’s xi. All hunters must sign in and out and re- hunt (see §§ 27.93 and 27.94 of this chapter). port daily harvest at the hunter registration D. Sport Fishing. We allow sport fishing on station. designated areas of the refuge in accordance xii. All hunting parties must hunt over a with State regulations subject to the fol- minimum of 12 decoys at each blind site. lowing conditions: B. Upland Game Hunting. We allow hunting 1. We prohibit leaving private boats on ref- of squirrel, rabbit, bobwhite quail, raccoon, uge waters overnight (see § 27.93 of this chap- opossum, red fox, grey fox, and coyote on ter). designated areas of the refuge in accordance 2. Condition A3 applies. with State regulations subject to the following conditions: GREAT RIVER NATIONAL WILDLIFE REFUGE 1. Conditions A1, A2, A3, and A4 apply. A. Migratory Game Bird Hunting. We allow 2. We prohibit hunting after legal sunset, hunting of waterfowl and coot on the Long except we allow raccoon and opossum hunt- Island Division of the refuge in accordance ing after legal sunset. with State regulations subject to the fol- C. Big Game Hunting. We allow hunting of lowing condition: We only allow hunting white-tailed deer and turkey on designated from blinds constructed on sites posted by areas of the refuge in accordance with State the Illinois Department of Natural Re- regulations subject to the following condi- sources. tions: B. Upland Game Hunting. We allow hunting 1. Conditions A1 and A2 apply. of small game, furbearers, turkey, and game D. Sport Fishing. We allow fishing on des- birds on Long Island Division and Fox Island ignated areas of the refuge in accordance of the refuge in accordance with State regu- with State regulations subject to the fol- lations subject to the following conditions: lowing conditions: 1. You may only possess approved nontoxic 1. Conditions A2 and A3 apply. shot while hunting for upland game except 2. We prohibit the use of trotlines, jogs, yo- turkey (see § 32.2(k)). We allow possession of yos, nets, or any commercial fishing equip- lead shot for hunting turkey. ment except in areas where State regulation 2. We only open Long Island Division and authorizes commercial tackle. Fox Island Division for upland game hunting 3. We prohibit the use of more than two from 1⁄2 hour before legal sunrise until 1⁄2 poles per angler and more than two hooks or hour after legal sunset. lures per pole. 3. We only allow turkey hunting on the 4. We prohibit possession of bass less than Fox Island Division during the State spring 15 inches (37.5 cm) in length from refuge seasons, including youth season. We do not ponds. open to fall turkey hunting. 5. We prohibit possession of more than six 4. We close Fox Island Division to all hunt- channel catfish from refuge ponds. ing and nonhunting entry from October 16 through December 31, except the Division is EMIQUON NATIONAL WILDLIFE REFUGE open to deer hunting as described below in A. Migratory Game Bird Hunting. We allow C2. hunting of migratory game birds on des- C. Big Game Hunting. We allow hunting of ignated areas of the refuge in accordance white-tailed deer on designated portions of

249

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.32 50 CFR Ch. I (10–1–06 Edition)

the refuge in accordance with State regula- B. Upland Game Hunting. We allow hunting tions subject to the following conditions: of small game, furbearers, turkey, and non- 1. We only allow the use of portable stands, migratory game birds on the Beaver, Harlow, and hunters must remove them from the ref- Meissner, and Wilkinson Island Division in uge at the end of each day (see § 27.93 of this accordance with State regulations subject to chapter). the following conditions: 2. On the Fox Island Division, we only 1. We only allow hunting of furbearers allow hunting during the ‘‘Antlerless-Only’’ from legal sunrise to legal sunset. portion of the State firearms deer season. 2. You may only possess approved nontoxic 3. On the Delair Division, we only allow shot while hunting upland game, except tur- muzzleloader hunting subject to the fol- key (see § 32.2(k)). lowing conditions: C. Big Game Hunting. We allow hunting of i. You must possess and carry a refuge per- white-tailed deer on the Beaver, Harlow, mit. Meissner, and Wilkinson Island Divisions in ii. We require hunters to check-in and out accordance with State regulations subject to of the refuge each day. the following conditions: iii. We require hunters to record all har- 1. We only allow archery hunting on the vested deer with refuge staff before removing Harlow and Meissner Divisions. them from the refuge. 2. We only allow the use of portable stands, iv. Shooting hours end at 3 p.m. each day. and hunters must remove them from the ref- v. Hunters must park all vehicles only in uge at the end of each day (see § 27.93 of this designated parking areas. chapter). D. Sport Fishing. We allow fishing on the D. Sport Fishing. We allow fishing on the Long Island and Fox Island Divisions of the Beaver, Harlow, and Wilkinson Island Divi- refuge in accordance with State regulations sions in accordance with State regulations subject to the following conditions: subject to the following conditions: 1. We prohibit the taking of turtle and frog 1. We prohibit the taking of turtle and frog (see § 27.21 of this chapter). (see § 27.21 of this chapter). 2. On the Fox Island Division, we only 2. We only allow fishing from legal sunrise allow bank fishing along any portion of the to legal sunset. Fox River from January 1 through October 3. Anglers must remove all fishing devices 15. (see § 27.93 of this chapter) at the end of each day’s fishing. MEREDOSIA NATIONAL WILDLIFE REFUGE A. Migratory Game Bird Hunting. [Reserved] PORT LOUISA NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] A. Migratory Game Bird Hunting. We allow C. Big Game Hunting. [Reserved] hunting of migratory game birds on the Big D. Sport Fishing. We allow sport fishing on Timber Division in accordance with State designated areas of the refuge in accordance regulations subject to the following condi- with State regulations subject to the fol- tions: lowing conditions: 1. Hunters must remove boats, decoys, and 1. We allow sport fishing on all areas open portable blinds (see § 27.93 of this chapter) at to public access from legal sunrise to legal the end of each day. sunset from January 15 to October 15. 2. We allow portable blinds on a daily basis 2. We allow foot access on refuge land at any location on first-come, first-served along the east side of Meredosia Lake in basis. Morgan County from legal sunrise to legal 3. We prohibit hunting on the Louisa, sunset from October 16 to January 14. The Horseshoe Bend, and Keithsburg Divisions. boat ramp remains open throughout the year B. Upland Game Hunting. We allow hunting for access to Meredosia Lake. of upland game only on Big Timber, 3. Private boats may not be left in refuge Keithsburg, and Horseshoe Bend Divisions in waters overnight. accordance with State regulations subject to 4. Motorboats must not exceed ‘‘slow speed/ the following conditions: minimum wake.’’ 1. You may only possess approved nontoxic shot (see § 32.2(k)) while hunting upland MIDDLE MISSISSIPPI RIVER NATIONAL game. You may use lead shot to hunt turkey. WILDLIFE REFUGE We allow shotgun slug or muzzleloading rifle A. Migratory Game Bird Hunting. We allow for hunting coyotes. hunting of migratory game birds on the 2. We only allow squirrel hunting on the Meissner and Wilkinson Island Division in Keithsburg Division from the beginning of accordance with State regulations subject to the State season to September 15. the following conditions: 3. We allow hunting in designated areas on 1. We only allow portable blinds. the Horseshoe Bend Division from September 2. Hunters must remove blinds, decoys, and 1 until September 14 and from December 1 other equipment (see § 27.93 of this chapter) until February 28. We allow spring turkey from the refuge at the end of each day. hunting.

250

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.32

4. We allow hunting on the Big Timber Di- D. Sport Fishing. We allow fishing on the vision from September 1 until February 28. refuge in accordance with State regulations We allow spring turkey hunting. subject to the following conditions: C. Big Game Hunting. We allow hunting of 1. We prohibit the taking of turtle or frog white-tailed deer only on Big Timber Divi- (see § 27.21 of this chapter). sion and in designated areas on Horseshoe 2. We only allow fishing from legal sunrise Bend Division in accordance with State regu- to legal sunset. lations subject to the following conditions: 3. From October 15 through December 31 1. We only allow the use of portable stands, we close the Batchtown, Gilbert Lake, and and hunters must remove them at the end of Portage Island Divisions, and the portion of each day (see § 27.93 of this chapter). the Calhoun Division north and west of the 2. We close Horseshoe Bend Division to all Illinois River Road, to all public access. public access from September 15 until De- 4. Anglers must remove boats and all other cember 1. fishing devices (see § 27.93 of this chapter) at D. Sport Fishing. We allow fishing in ac- the end of each day. cordance with State regulations subject to 5. We only allow boats on the Gilbert Lake the following conditions: Division for fishing during those periods 1. We prohibit the taking of turtle or frog when flood water enables access from the (see § 27.21 of this chapter). river over the levee. 2. We only allow fishing from legal sunrise UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE to legal sunset. AND FISH REFUGE 3. We close the following Divisions to all public access: Louisa Division—September 14 A. Migratory Game Bird Hunting. We allow until January 1; Horseshoe Bend Division— hunting of migratory game birds on des- September 14 until December 1; Keithsburg ignated areas of the refuge subject to the fol- Division—September 15 until January 1. lowing conditions: 4. Anglers must remove boats and all other 1. In areas posted ‘‘Area Closed’’ or ‘‘No fishing devices (see § 27.93 of this chapter) at Hunting Zone,’’ we prohibit hunting of mi- the end of each day’s fishing. gratory game birds at all times. In addition 5. We only allow motor boats on Horseshoe to areas posted ‘‘No Hunting Zone,’’ we pro- Bend Division for fishing during the periods hibit hunting within 50 yards (45 m) of the when flood water enables access from the Great River Trail at Thomson Prairie, with- river over the levee. in 150 yards (135 m) of the Great River Trail at Mesquaki Lake, and within 400 yards (360 TWO RIVERS NATIONAL WILDLIFE REFUGE m) of the Potter’s Marsh area in Pool 13. 2. We require permits for Potters Marsh in A. Migratory Game Bird Hunting. We allow Pool 13 except during the early teal season. hunting of migratory game birds only on the 3. You may possess only approved nontoxic Apple Creek Division in accordance with shot while in the field. State regulations subject to the following 4. On Pools 4 through 11, you may not place conditions: or leave decoys on the refuge during the time 1. We only allow portable blinds. from 1⁄2 hour after the close of legal shooting 2. Hunters must remove boats, decoys, and hours, until 1 hour before the start of legal portable blinds (see § 27.93 of this chapter) at shooting hours. the end of each day. 5. This condition applies to Pools 4 through B. Upland Game Hunting. We allow upland 11 only. We prohibit construction of perma- game hunting only on the Apple Creek Divi- nent hunting blinds using manmade mate- sion and the portion of the Calhoun Division rials. At the end of each day’s hunt, you east of the Illinois River Road in accordance must remove all manmade blind materials with State regulations subject to the fol- you brought onto the refuge. Any blinds con- lowing conditions: taining manmade materials left on the ref- 1. You may only possess approved nontoxic uge are subject to immediate removal and shot while hunting, except turkey (see disposal. Manmade materials include, but § 32.2(k)). We allow possession of lead shot for are not limited to: wooden pallets, lumber, turkey hunting. railroad ties, fence posts (wooden or metal), 2. We allow hunting from legal sunrise to wire, nails, staples, netting, or tarps. We legal sunset. allow you to leave only seasonal blinds, C. Big Game Hunting. We allow hunting of made entirely of natural vegetation and bio- white-tailed deer on the Apple Creek Divi- degradable twines, on the refuge. We con- sion and the portion of the Calhoun Division sider all such blinds public property and east of the Illinois River Road in accordance open to use by any person on a first-come with State regulations subject to the fol- basis. We allow you to gather only willow, lowing condition: We only allow the use of grasses, marsh vegetation, and dead wood on portable stands, and hunters must remove the ground from the refuge for blind-building them at the end of each day (see § 27.93 of materials. We prohibit cutting or removing this chapter). any other refuge trees or vegetation.

251

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.33 50 CFR Ch. I (10–1–06 Edition)

6. For Pools 12, 13 (excluding the Lost 2. In areas posted ‘‘Area Closed,’’ we only Mound Unit), and 14, we allow the following: allow hunting beginning the day after the hunting from boat blinds or scull boats; con- close of the applicable State duck hunting struction of permanent blinds from dimen- season until big game season closure or sional lumber (however, we prohibit use of March 15, whichever occurs first. nonbiodegradable materials such as metal, 3. On areas open to hunting, we only allow plastic, or fiberglass); and use of local, na- hunting or possession of firearms until sea- tive-only species such as willow, cattail, bul- son closure or March 15, whichever occurs rush, lotus, arrowhead vegetation, and dead first. wood on the ground for blind building and 4. We do not allow construction or use of camouflage. We prohibit bringing nonnative permanent blinds, platforms, or ladders. species (alive or dead) onto the refuge and 5. You must remove all stands from the cutting or removing any other trees or vege- refuge at the end of each day’s hunt. tation (see § 27.51 of this chapter). Hunters D. Sport Fishing. We allow fishing on des- must place an identification card with name, ignated areas of the refuge subject to the fol- address, and telephone number inside the lowing conditions: permanent blind. Blinds not occupied by 1 1. On Spring Lake Closed Areas, Carroll hour before legal sunrise are available on a County, Illinois, we prohibit fishing from Oc- first-come, first-served basis. tober 1 until the day after the close of the 7. We allow the use of hunting dogs, pro- State duck hunting season. vided the dogs remain under the immediate 2. On Mertes Slough, Buffalo County, Wis- control of the hunter at all times (see consin, we allow only hand-powered boats or § 26.21(b) of this chapter). boats with electric motors. B. Upland Game Hunting. We allow hunting 3. For the purpose of determining of upland game on designated areas of the length limits, slot limits, and daily refuge subject to the following conditions: creel limits, the impounded areas of 1. In areas posted ‘‘No Hunting Zone,’’ we Spring Lake, Duckfoot Marsh, and prohibit possession of firearms at all times Pleasant Creek in Pool 13 are part of (see § 27.42 of this chapter). In addition to the Mississippi River site-specific areas posted ‘‘No Hunting Zone,’’ we prohibit State regulations. hunting within 50 yards (45 m) of the Great River Trail at Thomson Prairie, within 150 [58 FR 5064, Jan. 19, 1993, as amended at 58 yards (135 m) of the Great River Trail at FR 29074, May 18, 1993; 59 FR 6685, 6692, Feb. Mesquaki Lake. 11, 1994; 59 FR 55185, Nov. 3, 1994; 60 FR 62041, 2. In areas posted ‘‘Area Closed,’’ we only Dec. 4, 1995; 61 FR 45366, Aug. 29, 1996; 61 FR allow hunting beginning the day after the 46394, Sept. 3, 1996; 62 FR 47378, Sept. 9, 1997; close of the applicable State duck hunting 63 FR 46916, Sept. 3, 1998; 65 FR 30782, May 12, season until upland game season closure or 2000; 65 FR 56402, Sept. 18, 2000; 66 FR 46356, March 15, whichever occurs first, except we Sept. 4, 2001; 67 FR 58944, Sept. 18, 2002; 69 FR allow spring turkey hunting during State 54362, 54387, Sept. 8, 2004; 69 FR 55995, Sept. seasons. 17, 2004; 70 FR 54166, Sept. 13, 2005] 3. On areas open to hunting, we prohibit hunting or possession of firearms from § 32.33 Indiana. March 16 until the opening of State fall The following refuge units have been hunting seasons, except we allow spring turkey hunting during State seasons. opened for hunting and/or fishing, and 4. Shotgun hunters may possess only ap- are listed in alphabetical order with proved nontoxic shot when hunting for any applicable refuge-specific regulations. permitted birds or other small game, except BIG OAKS NATIONAL WILDLIFE REFUGE wild turkey. We still allow possession of lead shot for hunting wild turkey. A. Migratory Game Bird Hunting. [Reserved] 5. You may use lights and dogs to hunt rac- B. Upland Game Hunting. We allow hunting coons, and other specifically authorized of squirrel in accordance with State regula- small mammals, in accordance with State tions subject to the following condition: We regulations. We allow such use of lights on require a refuge permit. the refuge at the point of kill only. We pro- C. Big Game Hunting. We allow hunting of hibit all other uses of lights for hunting on white-tailed deer and turkey on designated the refuge. areas of the refuge subject to the following 6. We allow the use of hunting dogs pro- condition: We require a refuge access permit. vided the dogs remain under the immediate D. Sport Fishing. We allow fishing on des- control of the hunter at all times (see ignated areas of the refuge subject to the fol- § 26.21(b) of this chapter). lowing condition: We require a refuge access C. Big Game Hunting. We allow hunting of permit. white-tailed deer on designated areas of the MUSCATATUCK NATIONAL WILDLIFE REFUGE refuge subject to the following conditions: 1. Condition B1 applies. A. Migratory Game Bird Hunting. [Reserved]

252

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.34

B. Upland Game Hunting. We allow hunting 2. We only allow motorboats on Snakey of wild turkey, quail, squirrel, and rabbit on Point Marsh east of the South Fork River designated areas of the refuge in accordance and the Patoka River. You must operate mo- with State regulations subject to the fol- torboats at no-wake speed. We open other lowing conditions: waters to hand-powered or battery-driven 1. For wild turkey hunting, we require a motors. We prohibit airboats. refuge permit. 3. You must remove boats and decoys (see 2. We prohibit discharge of firearms within § 27.93 of this chapter) at the end of each day. 100 yards (90 m) of an occupied dwelling. 4. We do not open Cane Ridge Wildlife Man- 3. Shotgun hunters may possess only ap- agement Area to all hunting. proved nontoxic shot on the refuge (see B. Upland Game Hunting. We allow hunting § 32.2(k)). of bobwhite quail, cottontail rabbit, squirrel 4. We allow the use of hunting dogs for (grey and fox), pheasant, turkey (spring hunting rabbit and quail only. only), red and grey fox, coyote, opossum, and C. Big Game Hunting. We allow hunting of raccoon in accordance with State regula- white-tailed deer on designated areas of the tions subject to the following conditions: refuge during the State archery and muzzle- 1. You may only possess approved nontoxic loader seasons in accordance with State reg- shot while hunting on the refuge (see ulations subject to the following conditions: § 32.3(k)). 1. You must possess and carry a refuge per- 2. You must possess and carry a refuge permit during the State muzzleloader season. mit for furbearer hunting. 2. We only allow bow and arrow and 3. We allow dogs for hunting provided the muzzleloaders, except that hunters with a dog is under the immediate control of the hunter at all times (see § 26.21(b) of this chap- State handicapped hunting permit may use ter). crossbows. C. Big Game Hunting. We allow hunting of 3. We prohibit the construction and use of white-tailed deer in accordance with State permanent blinds, platforms, or ladders (see regulations subject to the following condi- § 27.92 of this chapter). tions: 4. Condition B2 applies. 1. We prohibit construction or use perma- 5. We allow access to the refuge during nent tree stands or blinds (see § 27.92 of this posted hours during refuge deer hunts. chapter). We only allow portable stands. 6. Hunters may only take one deer per day 2. Condition A4 applies. from the refuge. 3. We prohibit marking trails with tape, 7. We allow only permitted muzzleloader ribbons, paper, paint, tacks, tree blazes, or hunters during the State muzzleloader sea- other devices. son. D. Sport Fishing. We allow sport fishing in 8. We allow archery hunting during the ref- accordance with State regulations on the uge-designated seasons. main channel of the Patoka River, but all D. Sport Fishing. We allow fishing on des- other refuge waters are subject to the fol- ignated areas of the refuge in accordance lowing conditions: with State regulations subject to the fol- 1. We allow fishing from legal sunrise to lowing conditions: legal sunset. 1. We prohibit the use of boats and belly 2. We only allow fishing with rod and reel boats on all refuge waters except for Stan- or pole and line. field Lake and Richart Lake. 3. The minimum size limit for large-mouth 2. We only allow fishing with rod and reel bass on Snakey Point Marsh is 14 inches (35 or pole and line. cm). 3. We allow fishing from legal sunrise to 4. You must possess and carry a refuge per- legal sunset. mit to take bait fish, crayfish, snapping tur- 4. We prohibit harvesting of frogs and turtle, and bull frog. tles (see § 27.21 of this chapter). 5. Condition A2 applies. 6. Anglers must remove boats (see § 27.93 of PATOKA RIVER NATIONAL WILDLIFE REFUGE this chapter) at the end of each day. AND MANAGEMENT AREA [58 FR 5064, Jan. 19, 1993, as amended at 58 A. Migratory Game Bird Hunting. We allow FR 29074, May 18, 1993; 59 FR 55186, Nov. 3, hunting of migratory game birds on des- 1994; 61 FR 45366, Aug. 29, 1996; 65 FR 56402, ignated areas of the refuge and the White Sept. 18, 2000; 66 FR 46356, Sept. 4, 2001; 69 FR River Wildlife Management Areas in accord- 54362, 54389, Sept. 8. 2004; 70 FR 54168, Sept. ance with State regulations subject to the 13, 2005] following conditions: 1. We only allow the use of portable blinds § 32.34 Iowa. or temporary blinds constructed of native vegetation. Hunters must remove all port- The following refuge units have been able blinds and dismantle temporary blinds opened for hunting and/or fishing, and (see § 27.93 of this chapter) at the end of each are listed in alphabetical order with day. applicable refuge-specific regulations.

253

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.34 50 CFR Ch. I (10–1–06 Edition)

DE SOTO NATIONAL WILDLIFE REFUGE 1. In areas posted ‘‘Area Closed,’’ we prohibit all public entry, including hunting. A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. We allow hunting 2. In areas open to hunting, we allow hunt- of ring-necked pheasant and turkey on des- ing beginning November 1 until the close of ignated areas of the refuge in accordance State hunting seasons or January 15, which- with the States of Iowa and Nebraska regula- ever occurs first. tions subject to the following condition: We 3. We allow archery and muzzleloader require a refuge permit. hunting only. C. Big Game Hunting. We allow archery and 4. We allow deer drives only during lawful muzzleloader hunting of white-tailed deer on party hunting conducted within the refuge, designated areas of the refuge in accordance in accordance with State regulations. We with State of Iowa and Nebraska regulations prohibit driving deer from or through the subject to the following conditions: refuge to any persons hunting outside the 1. You must possess and carry refuge per- refuge boundary. mits for archery hunting at all times while 5. We do not allow construction or use of hunting. permanent blinds, platforms, or ladders. 2. Hunters must not construct or use per- 6. You must remove all stands from the manent blinds, platforms or ladders at any refuge following each day’s hunt. time. D. Sport Fishing. Fishing is permitted on 3. Hunters must remove all hunting stands designated areas of the refuge. from the refuge by the close of the season. D. Sport Fishing. Fishing is permitted in NEAL SMITH NATIONAL WILDLIFE REFUGE DeSoto Lake subject to the following conditions: A. Migratory Game Bird Hunting. [Reserved] 1. Ice fishing is permitted from January 1 B. Upland Game Hunting. We allow hunting through the end of February when conditions of ring-necked pheasant, bobwhite quail, cot- are safe. tontail rabbit, and squirrel on designated 2. Motor- or wind-driven conveyances are areas of the refuge in accordance with State not permitted on the lake from January 1 regulations subject to the following condi- through the end of February. tions: 3. The use of portable ice fishing shelters is 1. You may only possess approved nontoxic permitted on a daily basis from January 1 shot (see § 32.2(k)) while hunting for any per- through the end of February. mitted bird or other small game. 4. Only the use of pole and line, or rod and 2. We allow hunting of upland game from 8 reel, is permitted from April 15 through Oc- a.m. to 4:30 p.m. during the dates posted at tober 14 with the exception that archery and the refuge. spear fishing are permitted only for nongame 3. All hunters must cover their head and fish from April 15 to October 14. chest with one or more of the following arti- 5. Fishing with more than two lines or with cles of visible, external, solid-blaze-orange more than two hooks on each line is not per- clothing: a hat, vest, coat, jacket, mitted. sweatshirt, sweater, shirt, or coveralls. 6. The use of trotlines and float lines is not permitted. 4. We prohibit shooting on or over any ref- 7. Minimum length and creel limits are re- uge road within 50 feet (15 m) from the cen- quired as posted. terline. 8. We prohibit taking or possession of tur- C. Big Game Hunting. We allow hunting of tle or frog at any time (see § 27.21 of this white-tailed deer on designated areas of the chapter). refuge in accordance with State regulations subject to the following conditions: DRIFTLESS AREA NATIONAL WILDLIFE REFUGE 1. You must possess and carry a refuge per- A. Migratory Game Bird Hunting. [Reserved] mit. B. Upland Game Hunting. We allow hunting 2. We only allow portable stands, and hunt- of upland game on designated areas of the ers must remove them at the end of each day refuge subject to the following conditions: (see § 27.93 of this chapter). 1. In areas posted ‘‘Area Closed,’’ we pro- 3. We only allow hunter access from 1⁄2 hibit entry, including hunting. hour before legal sunrise until 1⁄2 hour after 2. In areas open to hunting, we allow hunt- legal sunset. ing beginning November 1 until the close of D. Sport Fishing. [Reserved] State hunting seasons or January 15, whichever occurs first. NORTHERN TALLGRASS PRAIRIE NATIONAL 3. You may possess only approved nontoxic WILDLIFE REFUGE shot while hunting for any allowed birds or Refer to § 32.42 Minnesota for regulations. other small game. C. Big Game Hunting. We allow hunting of PORT LOUISA NATIONAL WILDLIFE REFUGE white-tailed deer on designated areas of the refuge subject to the following conditions: Refer to § 32.32 Illinois for regulations.

254

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.35

UNION SLOUGH NATIONAL WILDLIFE REFUGE 4. Deer hunters may only possess shot shells that shoot a single projectile (i.e., A. Migratory Game Bird Hunting. We allow slugs). hunting of duck, goose, coot, rail (Virginia 5. We prohibit turkey hunting in the Core and sora only), woodcock, and snipe on the Area at all times. Buffalo Creek Bottoms and Schwob Marsh 6. We only allow turkey hunters to enter units of the refuge in accordance with State the refuge from 1⁄2 hour before legal sunrise regulations subject to the following condi- until 1⁄2 hour after legal sunset. tions: 7. Turkey hunters may only possess ap- 1. We allow hunters on the refuge from 1 proved nontoxic shot while in the field. 1 hour before legal sunrise until ⁄2 hour after 8. We allow the use of temporary stands, legal sunset. blinds, platforms, or ladders. You may con- 2. You may only possess approved nontoxic struct blinds using manmade materials or shot while in the field (see § 32.2(k)). natural vegetation found on the refuge. We 3. We allow boats or other floating devices. prohibit bringing plants or their parts onto We allow gasoline and electric motors. We the refuge (see § 27.52 of this chapter). prohibit the use of air-thrust boats. You may 9. You must remove decoys, stands, blinds, not leave boats unattended. platforms, and ladders from the refuge at the 4. You may construct blinds using man- end of each day (see § 27.93 of this chapter). made materials or natural vegetation found 10. We prohibit entry into any closed area on the refuge. We prohibit bringing plants or to retrieve downed game, unless the hunter their parts onto the refuge (see § 26.52 of this has received written permission from the ref- chapter). uge manager. 5. You must remove boats, decoys, and D. Sport Fishing. We allow sport fishing blinds (see § 27.93 of this chapter) from the from the County Road A–40 right-of-way and refuge at the end of each day. in Buffalo Creek south of County Road 320th 6. We allow the use of hunting dogs pro- Street in accordance with State regulations vided that the dogs remain under the imme- subject to the following conditions: diate control of the hunter at all times (see 1. We allow fishing from April 15 through § 26.21(b) of this chapter). September 30. 7. We prohibit entry into any closed area 2. We allow fishing from legal sunrise to to retrieve downed game, unless the hunter legal sunset. has received written permission from the ref- 3. We prohibit the use of boats, canoes, or uge manager. other floating devices. 8. We prohibit hunting on road rights-of- 4. We prohibit the use or possession of lead way on any portion of the refuge not open to terminal tackle. hunting. The road right-of-way extends to the center of the road. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE B. Upland Game Hunting. We allow hunting AND FISH REFUGE of pheasant, gray partridge, rabbit (cotton- Refer to § 32.32 Illinois for regulations. tail and jack), squirrel (fox and gray), groundhog, raccoon, opossum, fox, coyote, [58 FR 5064, Jan. 19, 1993, as amended at 58 and crow on Buffalo Creek Bottoms, Schwob FR 29084, May 18, 1993; 59 FR 6685, 6692, Feb. Marsh, and the Core Area in accordance with 11, 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 62042, State regulations subject to the following Dec. 4, 1995; 61 FR 46395, Sept. 3, 1996; 63 FR conditions: 46916, Sept. 3, 1998; 65 FR 30783, May 12, 2000; 1. We only allow hunting in the Core Area 65 FR 56402, Sept. 18, 2000; 66 FR 46356, Sept. during the dates posted at the Refuge Head- 4, 2001; 68 FR 57316, Oct. 2, 2003; 69 FR 54362, quarters. 54390, Sept. 8, 2004; 70 FR 54168, Sept. 13, 2005] 2. You may only possess approved nontoxic shot while in the field (see § 32.2(k)). We pro- § 32.35 Kansas. hibit possession of shotgun slugs. The following refuge units have been 3. Hunters may only enter the refuge from 8 a.m. until 4:30 p.m. opened for hunting and/or fishing, and 4. Conditions A6, A7, and A8 apply. are listed in alphabetical order with C. Big Game Hunting. We allow hunting of applicable refuge-specific regulations. deer and turkey on Buffalo Creek Bottoms, FLINT HILLS NATIONAL WILDLIFE REFUGE Schwob Marsh, and the Core Area in accordance with State regulations subject to the A. Migratory Game Bird Hunting. We allow following conditions: hunting of goose, duck, coot, mourning dove, 1. Condition B1 and A8 apply. rail, woodcock, and common snipe on des- 2. Deer hunters in the Core Area must pos- ignated areas of the refuge in accordance sess a valid State deer hunting license and with State regulations subject to the fol- an unfilled deer transportation tag. lowing conditions: 3. We only allow deer hunters to enter the 1. We only allow waterfowl hunting on por- refuge from 1⁄2 hour before legal sunrise until tions of the refuge on the south side of the 1⁄2 hour after legal sunset. Neosho River.

255

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.35 50 CFR Ch. I (10–1–06 Edition)

2. We prohibit hunting or possession of mourning dove, and snipe on designated weapons on the Neosho River. areas of the refuge in accordance with State 3. We prohibit shooting from or over roads regulations subject to the following condi- and parking areas. tions: 4. We only allow portable blinds and blinds 1. You may only possess six shells per day made from natural vegetation. We prohibit in the area from the Quillback Cove parking the construction or use of permanent blinds lot to the No Hunting Zone boundary east of and/or pits (see § 27.92 of this chapter). Dogtown. 5. We prohibit leaving decoys unattended 2. You may use natural vegetation to con- at any time. struct a temporary blind. 6. Dogs must be under the owner’s imme- 3. You may use portable hunting blinds. diate control at all times (see § 26.21(b) of 4. We prohibit construction or use of any this chapter). permanent blind. 7. We prohibit hunters or dogs retrieving 5. We prohibit digging or using holes or game in areas closed to hunting. pits for blinds. 8. We allow crow hunting on designated 6. We prohibit retrieval of waterfowl from areas of the refuge subject to the following an area closed to waterfowl hunting. conditions: 7. We only allow waterfowl hunting by boat i. We prohibit the use of centerfire rifles in Bow Creek. You may not create a wake and pistols on the refuge; while in Bow Creek. ii. We close hunting areas on the north side 8. We only allow motorized vehicles on des- of the Neosho River to all hunting from No- ignated roads, parking lots, campgrounds, vember 1 through March 1; and and boat ramps (see § 27.31 of this chapter). iii. Conditions A2, A3, and A7 apply. 9. We prohibit the use of ATVs or snowmo- B. Upland Game Hunting. We allow hunting biles on the refuge (see § 27.31(f) of this chap- of pheasant, quail, prairie chicken, rabbit, ter). and squirrel on designated areas of the ref- 10. We prohibit commercial guiding on the uge in accordance with State regulations refuge. subject to the following conditions: B. Upland Game Hunting. We allow hunting 1. Conditions A2, A3, A6, A7, A8i, and A8ii of pheasant, quail, prairie chicken, squirrel, apply. and rabbit on designated areas of the refuge C. Big Game Hunting. We allow hunting of in accordance with State regulations subject white-tailed deer and turkey on designated to the following conditions: areas of the refuge in accordance with State 1. You may only possess bow and arrow or regulations subject to the following condi- shotguns no larger than 10 gauge on the ref- tions: uge. 1. We only allow shotguns, muzzleloading 2. We only allow hunting of rabbit and firearms (see § 27.42 of this chapter), and squirrel during that portion of the State archery equipment for deer hunting. small game season that occurs during the 2. We prohibit the use of deer game tags on State upland game season. the refuge. 3. You may only possess six shells per day 3. We do not open for deer hunting during in the area from the Quillback Cove parking the extended white-tailed deer antlerless lot to the ‘‘Closed to Hunting’’ boundary east season in January. of Dogtown. 4. We require the use of approved nontoxic 4. We prohibit retrieval of upland game shot for turkey hunting (see § 32.2(k)). from an area closed to upland game hunting. 5. Dogs used during the fall turkey season 5. Conditions A8, A9, and A10 apply. must be under the owner’s immediate con- C. Big Game Hunting. We allow hunting of trol at all times (see § 26.21(b) of this chap- deer and turkey on designated areas of the ter). refuge in accordance with State regulations 6. Conditions A2, A3, A7, and A8ii apply. subject to the following conditions: D. Sport Fishing. We allow fishing on des- 1. We only allow archery hunting of deer. ignated areas of the refuge in accordance 2. Deer hunters must obtain a free refuge with State regulations subject to the fol- permit and possess and carry a signed permit lowing conditions: in the field while hunting. 1. We do not open areas on the north side 3. You may use portable tree stands and of the Neosho River to all fishing from No- hunting blinds provided that you install vember 1 through March 1, except for the them no more than 7 days prior to the season Dove Roost pond and the Upper Burgess and remove them no later than 2 days after marsh. the season (see § 27.93 of this chapter). 2. We only allow fish bait collecting for 4. We prohibit construction or use of any personal use. We prohibit digging or habitat permanent stand or blind (see § 27.92 of this disturbance (see § 27.51 of this chapter). chapter). 5. We prohibit digging or using holes or KIRWIN NATIONAL WILDLIFE REFUGE pits for blinds. A. Migratory Game Bird Hunting. We allow 6. You may use natural vegetation to con- hunting of goose, duck, merganser, coot, struct a temporary blind.

256

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.35

7. Archery hunters with a valid refuge per- C. Big Game Hunting. We allow hunting of mit may retrieve deer from an area closed to white-tailed deer and turkey on designated deer hunting. You must receive consent from areas of the refuge in accordance with State a refuge employee prior to entering the regulations subject to the following condi- closed area. tions: 8. We prohibit retrieving turkey from an 1. Deer and spring turkey hunters must area closed to turkey hunting. possess and carry a refuge permit. 9. Conditions A8, A9, and A10 apply. 2. We prohibit centerfire rifles and pistols. D. Sport Fishing. We allow fishing on the 3. Condition A3 applies. refuge in accordance with State regulations D. Sport Fishing. We allow fishing on des- subject to the following conditions: ignated areas of the refuge in accordance 1. We allow access to Kirwin Reservoir by with State regulations subject to the fol- foot to bank or ice fish. lowing condition: Condition A2 applies. 2. We only allow motorized vehicles on designated roads, parking lots, campgrounds, QUIVIRA NATIONAL WILDLIFE REFUGE and boat ramps (see § 27.31 of this chapter). We prohibit motorized vehicles on the ice. A. Migratory Game Bird Hunting. We allow 3. We allow motorized boating in the main hunting of goose, duck, coot, Virginia and body of Kirwin Reservoir and in Bow Creek. Sora rail, mourning dove, and common snipe You must not create a wake in Bow Creek or on designated areas of the refuge in accord- within 100 yards (90 m) of any shoreline or is- ance with State regulations subject to the land in the main body of Kirwin Reservoir. following conditions: We prohibit motorized boats in the Solomon 1. We open refuge hunting areas September Arm of Kirwin Reservoir. 1 through February 28. 4. We allow motorless boats in the Sol- 2. We may close refuge hunting areas to omon Arm of Kirwin Reservoir from August hunting without notice when whooping crane 1 through October 31. are present or emergencies arise. 5. We prohibit access within 100 yards (90 3. We post refuge hunting areas as ‘‘Public m) of a nesting endangered or threatened Hunting Areas’’ and delineate them on the species. refuge hunting brochure map. 6. We allow noncommercial collection of 4. We allow hunters to enter the refuge 1 bait fish in accordance with State regula- hour before legal shooting hours, and they tions. must exit the refuge up to 1 hour past legal 7. You must obtain a free Special Use Per- shooting hours. mit prior to conducting a fishing tour- 5. We prohibit hunting from or across any nament on the refuge. road, trail, or parking area. 8. We prohibit disposal of fish cleanings on 6. Hunters must park in designated park- the refuge (see § 27.94 of this chapter). ing areas. 9. Conditions A9 and A10 apply. 7. We only allow portable devices or temporary blinds of natural vegetation. We pro- MARAIS DES CYGNES NATIONAL WILDLIFE hibit construction of permanent blinds or REFUGE pits (see § 27.92 of this chapter). A. Migratory Game Bird Hunting. We allow 8. We prohibit the retrieval of game from hunting of goose, duck, coot, rail, snipe, areas closed to hunting. woodcock, and mourning dove on designated 9. We prohibit the use of boats, canoes, or areas of the refuge in accordance with State other watercraft. regulations subject to the following condi- B. Upland Game Hunting. We allow hunting tions: of pheasant, quail, squirrel, and rabbit on 1. Hunters must remove decoys (see § 27.93 designated areas of the refuge in accordance of this chapter) daily. with State regulations subject to the fol- 2. We restrict outboard motor use to the lowing conditions: westernmost 51⁄2 miles (8.8 km) of the Marais 1. Conditions A1 through A6, and A8 apply. des Cygnes River. You may only use non- 2. We only allow shotguns for hunting on motorized boats and electric trolling motors the refuge. on remaining waters in designated areas of C. Big Game Hunting. [Reserved] the refuge. D. Sport Fishing. We allow fishing on all 3. We prohibit discharge of firearms (see waters on the refuge in accordance with § 27.42 of this chapter) within 150 yards (135 State regulations subject to the following m) of any residence or other occupied build- conditions: ing. 1. You may take fish species listed in the B. Upland Game Hunting. We allow hunting State fishing regulations. We prohibit taking of cottontail rabbit, squirrel, and bobwhite of frog, snake, or any other wildlife (see quail on designated areas of the refuge in ac- § 27.21 of this chapter). cordance with State regulations subject to 2. We prohibit the use of trotlines and the following conditions: setlines. 1. Condition A3 applies. 3. We prohibit the use of seines for taking 2. We prohibit rimfire rifles and pistols. bait.

257

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.36 50 CFR Ch. I (10–1–06 Edition)

4. We prohibit fishing from water control 9. We prohibit discharge of firearms or car- structures and bridges. rying loaded firearms on or within 100 feet 5. We restrict fishing in the designated (90 m) of any home, the abandoned railroad ‘‘Kid’s Pond,’’ approximately 1⁄4 mile (.4 km) tracks, graveled roads, and hiking trails. WSW of headquarters, to youth age 14 and 10. We prohibit possession and/or use of under, and to a parent and/or guardian age 18 herbicides (see § 27.51 of this chapter). or older accompanying a youth. 11. We prohibit possession or use of alco- 6. The bag limit for the Kid’s Pond is one holic beverages while hunting (see § 32.2(j)). fish per day. 12. We prohibit the use of electronic calls 7. We prohibit the use of boats, canoes, or with the exception for taking crow during crow other watercraft. season. 13. An adult, age 21 or older, must super- [58 FR 5064, Jan. 19, 1993, as amended at 60 vise all youth hunters, age 15 and under. FR 62042, Dec. 4, 1995; 62 FR 47378, Sept. 9, Youth hunters must remain in sight and nor- 1997; 63 FR 46916, Sept. 3, 1998; 65 FR 30783, mal voice contact with the adult. On small May 12, 2000; 67 FR 58945, Sept. 18, 2002; 69 FR game hunts, the adult may supervise no 54362, 54391, Sept. 8, 2004] more than two youths; on big game hunts, the adult may supervise no more than one § 32.36 Kentucky. youth. 14. All persons born after January 1, 1975 The following refuge units have been must possess a valid hunter education card opened for hunting and/or fishing, and while hunting. are listed in alphabetical order with 15. Waterfowl hunters must pick up decoys applicable refuge-specific regulations. and equipment (see §§ 27.93 and 27.94 of this chapter), unload firearms (see § 27.42(b) of CLARKS RIVER NATIONAL WILDLIFE REFUGE this chapter), and be out of the field by 2 A. Migratory Game Bird Hunting. We allow p.m. daily during the State waterfowl sea- hunting of mourning dove, woodcock, com- son. 16. You may only use portable or tem- mon snipe, Canada and snow goose, coot, and porary blinds that must be removed (see waterfowl listed in 50 CFR 10.13 under §§ 27.93 and 27.94 of this chapter) from the ref- DUCKS on designated areas of the refuge in uge daily. accordance with State regulations subject to 17. We close, as posted, the Sharpe-Elva the following conditions: Water Management Unit from November 1 1. The refuge is a day-use area only, with through March 15 to all entry with the ex- the exception of legal hunting/fishing activi- ception of drawn permit holders and their ties. guests. 2. We prohibit the use of motorized off-road 18. We only allow waterfowl hunting on the vehicles (e.g., ATVs) on the refuge (see Sharpe-Elva Water Management Unit on § 27.31(f) of this chapter). specified Saturdays and Sundays during the 3. We prohibit target practice with any State waterfowl season. We only allow hunt- weapon or nonhunting discharge of firearms ing by individuals in possession of a refuge (see § 27.42 of this chapter). draw permit and their guests. State regula- 4. We prohibit the use of horses and mules tions and the following conditions apply: on refuge property during the State muzzle- i. Application procedures and eligibility re- loader and modern gun deer hunts. We allow quirements are available from the refuge of- horseback riding on refuge roads and por- fice. tions of the abandoned railroad tracks owned ii. We allow permit holders and up to three by the refuge for access purposes while en- guests to hunt their assigned provided blind gaged in wildlife activities. We prohibit on the designated date. We prohibit guests in horses and mules off these secondary access the blind without the attendance of the per- routes for any reason. mit holder. 5. You must possess and carry a valid ref- iii. We prohibit selling, trading, or bar- uge permit while hunting and/or fishing on tering of permits. This permit is non- the refuge. transferable. 6. To retrieve or track game from a posted iv. You may place decoys out Saturday closed area of the refuge, the hunter must morning at the beginning of the hunt, and first request permission from the refuge you must remove them by Sunday at the manager at 270–527–5770 or the law enforce- close of the hunt (see §§ 27.93 and 27.94 of this ment officer at 270–703–2836. chapter). 7. We prohibit the use of flagging tape, re- v. We prohibit watercraft in the Sharpe- flective tacks, or nonbiodegradable devices Elva Water Management Unit, except for used to identify paths to and mark tree drawn permit holders to access their as- stands, blinds, and other areas. signed blinds and retrieve downed birds as 8. We close those portions of abandoned needed. railroad tracks within the refuge boundary B. Upland Game Hunting. We allow hunting to vehicle access (see § 27.31 of this chapter). of squirrel, rabbit, quail, raccoon, opossum,

258

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

crow, and coyote on designated areas of the 3. We set season dates and bag limits annu- refuge in accordance with State regulations ally and publish them in the refuge public subject to the following conditions: use regulations available at the refuge office. 1. Conditions A1 through A14 apply. 4. You must possess and carry a valid ref- 2. We close squirrel, rabbit, and quail sea- uge permit and report game taken as speci- sons during muzzleloader and modern gun fied within the permit. deer hunts. 5. We allow hunters to access the refuge no 3. You may not kill or cripple a wild ani- more than 2 hours before legal sunrise and mal without making a reasonable effort to no more than 2 hours after legal sunset with retrieve the animal and harvest a reasonable the exception of raccoon hunters, who we portion of that animal and include it in your will allow access from 7 p.m. to 12 a.m. (mid- daily bag limit. night). 4. You may use only rimfire rifles, pistols, 6. All youth hunters age 15 and younger shotguns, and legal archery equipment for must remain within sight and normal voice taking upland game. contact of an adult age 21 or older, pos- 5. We prohibit possession and use of lead sessing a license. One adult hunter may su- ammunition, except that you may use rim- pervise no more than two youth hunters. fire rifle and pistol lead ammunition no larg- C. Big Game Hunting. We allow hunting for er than .22 caliber for upland game hunting. white-tailed deer and turkey on the refuge in 6. You may hunt coyote during any day- accordance with State regulations subject to time refuge hunt with weapons and ammuni- the following conditions: tion allowed for that hunt. 1. Conditions B1 through B6 apply. C. Big Game Hunting. We allow hunting of 2. You may only participate in the refuge white-tailed deer and turkey on designated firearms deer and turkey hunts with a spe- areas of the refuge in accordance with State cial quota permit issued through random regulations subject to the following condi- drawing. You may obtain information on tions: permit applications at the refuge head- 1. Conditions A1 through A15 and B3 apply. quarters. 2. We only allow the use of portable and 3. You may only possess approved nontoxic climbing stands. You may place stands in shot while turkey hunting on the refuge (see the field no earlier than 2 weeks prior to the § 32.2(k)). opening of deer season, and you must remove 4. We only allow the use of portable blinds them from the field within 1 week after the and tree stands on the refuge. You must re- season closes (see §§ 27.93 and 27.94 of this move blinds, tree stands, and all other per- chapter). The hunter’s name and address sonal equipment from the refuge at the end must appear on all stands left in the field. of each day (see § 27.93 of this chapter). 3. You must use safety belts at all times D. Sport Fishing. We allow fishing on the when occupying the tree stands. refuge in accordance with State regulations 4. We prohibit organized deer drives of two subject to the following conditions: or more hunters. We define ‘‘drive’’ as: the 1. We allow access to the Long Point Unit act of chasing, pursuing, disturbing, or oth- (north of Upper Blue Basin) for fishing from erwise directing deer so as to make animals March 16 through November 14, and the more susceptible to harvest. Grassy Island Unit (south of Upper Blue D. Sport Fishing. We allow fishing and Basin) for fishing from February 1 through frogging on designated areas of the refuge in November 14. accordance with State regulations subject to 2. We allow fishing on the refuge from legal the following conditions: sunrise to legal sunset. 1. Conditions A1 through A15 apply. 3. We prohibit taking of frog or turtle on the refuge (see § 27.21 of this chapter). OHIO RIVER ISLANDS NATIONAL WILDLIFE 4. We prohibit airboats, hovercraft, or per- REFUGE sonal watercraft (Jet Skis) on any waters Refer to § 32.68 West Virginia for regula- within the refuge boundary. tions. [58 FR 5064, Jan. 19, 1993, as amended at 60 FR 62042, Dec. 4, 1995; 61 FR 31461, June 20, REELFOOT NATIONAL WILDLIFE REFUGE 1996; 61 FR 46395, Sept. 3, 1996; 63 FR 46916, A. Migratory Game Bird Hunting. [Reserved] Sept. 3, 1998; 65 FR 30783, May 12, 2000; 66 FR B. Upland Game Hunting. We allow hunting 46357, Sept. 4, 2001; 69 FR 54362, 54393, Sept. 8, of squirrel and raccoon on the refuge in ac- 2004; 69 FR 55995, Sept. 17, 2004; 70 FR 54168, cordance with State regulations subject to Sept. 13, 2005] the following conditions: 1. The refuge is a day-use area only, with § 32.37 Louisiana. the exception of legal hunting/fishing activities. The following refuge units have been 2. We prohibit the use of motorized off-road opened for hunting and/or fishing, and vehicles (e.g., ATVs) on the refuge (see are listed in alphabetical order with § 27.31(f) of this chapter). applicable refuge-specific regulations.

259

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

ATCHAFALAYA NATIONAL WILDLIFE REFUGE promises to pay directly or indirectly for services rendered to any other person or per- A. Migratory Game Bird Hunting. We allow sons hunting on the refuge, regardless of hunting of goose, duck, coot, snipe, and whether such payment is for guiding, outfit- woodcock on designated areas of the refuge subject to the following condition: Hunting ting, lodging, or club membership. must be in accordance with Sherburne Wild- 8. We prohibit use or possession of any type life Management Area regulations. of trail-marking material. B. Upland Game Hunting. We allow hunting 9. Coyote, beaver, feral hog, and raccoon of squirrel, rabbit, raccoon, opossum, nutria, are incidental take species and, as such, you muskrat, mink, fox, bobcat, beaver, and may take them during any open hunting sea- otter on designated areas of the refuge sub- son only with the weapon allowed for that ject to the following condition: Hunting season, if you are a hunter having the re- must be in accordance with Sherburne Wild- quired licenses and permits. There is no bag life Management Area regulations. limit on coyote and beaver. The feral hog C. Big Game Hunting. We allow hunting of bag limit is 10 per year, and the raccoon bag white-tailed deer and turkey on designated limit is 1 per day. areas of the refuge subject to the following 10. We prohibit entering the refuge from condition: Hunting must be in accordance private property and/or hunt leases; you may with Sherburne Wildlife Management Area use only designated entry sites. regulations. 11. You must check all game taken on the D. Sport Fishing. We allow finfishing and refuge before leaving the refuge at one of the shellfishing year-round in accordance with self-clearing check stations indicated on the Sherburne Wildlife Management Area regu- map in the refuge Hunting and Fishing Regu- lations subject to the following condition: lations Brochure. We prohibit all commercial finfishing and 12. You must use boats to access the refuge shellfishing. from Bayou Cocodrie or Cross Bayou. We prohibit entering the refuge from U.S. High- BAYOU COCODRIE NATIONAL WILDLIFE REFUGE way 84. You must dock all boats used to ac- A. Migratory Game Bird Hunting. We allow cess the refuge on the banks of the refuge. hunting of duck, goose, coot, and woodcock Boats used to cross ‘‘low water crossings’’ at on designated areas of the refuge in accord- Cross Bayou may be left for a maximum of 3 ance with State regulations subject to the days, and you must clearly mark them with following conditions: the name and address of the person respon- 1. Hunters must possess and carry a signed sible for the boat while it is on the refuge. refuge permit. We only allow outboard motors in Cocodrie 2. We allow migratory game bird hunting Bayou and tributaries accessible therefrom. on Tuesdays, Thursdays, Saturdays, and 13. We only allow ATVs on designated Sundays until 12 p.m. (noon) during the trails (see § 27.31 of this chapter) from Sep- State season. We do not open for the special tember 1 through the hunting season. An all- teal season and State youth waterfowl hunt. terrain vehicle (ATV) is an off-road vehicle 3. We prohibit hunting within 150 feet (45 with factory specifications not to exceed the m) of the maintained rights-of-way of roads, following: weight 750 pounds (337.5 kg), refuge road or designated trail, building, res- length 85 inches (212.5 cm), and width 48 idence, or designated public facility. inches (120 cm). We restrict ATV tires to 4. You must remove temporary blinds (see those no larger than 25×12 with a maximum § 27.93 of this chapter) used for duck hunting 1 inch (2.5 cm) lug height and a maximum al- by 12 p.m. (noon) on the last day of the State lowable tire pressure of 7 psi as indicated on waterfowl season. You must clearly mark the tire by the manufacturer. any stand or blind left on the refuge with the 14. We require all refuge users to sign in at name and address of the person using the a designated check station upon entering the stand or blind. You must remove decoys refuge and sign out upon their departure. daily. 15. Hunters with mobility impairments 5. We only allow dogs to locate, point, and must possess and carry a valid special access retrieve when hunting for migratory game permit from the refuge to use special access birds. ATV trails (see § 27.31 of this chapter). State 6. Youth hunters under age 16 must have requirements for ‘‘Mobility-Impaired’’ classi- completed a hunter education course and fication apply. Mobility-impaired hunters possess and carry evidence of completion. An must present their State ‘‘Disabled Hunter’’ adult age 21 or older must closely supervise card at the refuge headquarters to apply for youth hunters (within sight and normal the refuge special access permit. voice contact). One adult may supervise no 16. You may only possess approved more than two youth hunters while hunting nontoxic shot while hunting on the refuge migratory game birds. (see § 32.2(k)). This requirement only applies 7. We prohibit any person or group to act to the use of shotgun ammunition. as a hunting guide, outfitter, or in any other B. Upland Game Hunting. We allow hunting capacity that any other individual(s) pays or of squirrel and rabbit on designated areas of

260

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

the refuge in accordance with State regula- the end of the State season, except we close tions subject to the following conditions: the refuge to archery hunting during the ref- 1. We allow squirrel and rabbit hunting uge youth hunt, youth lottery hunt, and lot- during the State season except during the tery deer hunt. open youth hunt for deer, the youth lottery 9. We allow deer hunting with hunt, the muzzleloader hunt, and the lottery muzzleloaders subject to State regulations. deer hunt. Specific open dates will appear in the annual 2. Conditions A1, A3, and A7 through A16 Refuge Hunting and Fishing Regulations apply. Brochure. 3. We allow the use of dogs to hunt squirrel 10. We prohibit possession or use of buck- and rabbit during that portion of the season shot. designated as ‘‘With/Without Dogs.’’ We list 11. We prohibit possession or use of climb- specific season dates in the refuge brochure. ing spikes. 4. While engaged in upland game hunting, 12. We prohibit possession or distribution we prohibit possession of firearms (see § 27.42 of bait or hunting with the aid of bait, in- of this chapter) larger than .22 caliber rim- cluding any grain, salt, minerals, or other fire, shotgun slugs, or buckshot. feed or any nonnaturally occurring attract- 5. Hunters must enter the refuge no earlier ant on the refuge (see § 32.2(h)). than 2 hours before legal sunrise and must 13. Youth hunters under age 16 must have exit the refuge within 2 hours after legal completed a hunter education course and sunset. possess and carry evidence of completion. An 6. Youth hunters under age 16 must have adult age 21 or older must closely supervise completed a hunter education course and youth hunters (within sight and normal possess and carry evidence of completion. An voice contact). One adult may supervise no adult age 21 or older must closely supervise more than one youth hunter while hunting youth hunters (within sight and normal big game. voice contact). One adult may supervise no D. Sport Fishing. We allow fishing on the more than one youth hunter while hunting refuge in accordance with State regulations upland game. subject to the following conditions: C. Big Game Hunting. We allow hunting of 1. Conditions A11 through A15 apply. white-tailed deer on designated areas of the 2. You must tend trotlines daily. You must refuge in accordance with State regulations attach ends of trotlines by a length of cotton subject to the following conditions: line that extends into the water. 1. Conditions A1, A3, A7 through A16, and B5 apply. 3. We prohibit commercial fishing. Rec- 2. The bag limit is one deer (of either sex) reational fishing using commercial gear (slat per day. The State season limit applies. traps, etc.) requires a special refuge permit 3. You must check all deer on the same day (that you must possess and carry) available taken during lottery deer hunts at a staffed at the refuge office. refuge check station. 4. We prohibit the taking of alligator snap- 4. Archery hunters must possess and carry ping turtle (see § 27.21 of this chapter). proof of completion of the International 5. We only allow fishing during daylight Bowhunters Education Program. hours. 5. We require a minimum of 400 square BAYOU SAUVAGE NATIONAL WILDLIFE REFUGE inches (2,600 cm2) of unbroken hunter orange as the outermost layer of clothing on the A. Migratory Game Bird Hunting. [Reserved] chest and back, and in addition, we require a B. Upland Game Hunting. [Reserved] hat or cap of unbroken hunter orange. You C. Big Game Hunting. [Reserved] must wear the solid hunter-orange items D. Sport Fishing. We allow finfishing and while in the field. shellfishing on designated areas of the refuge 6. You may place temporary stands no in accordance with State regulations subject more than 2 days prior to the opening of the to the following conditions: respective season, and you must remove 1. The refuge is daylight use only. them by the last day of archery season (see 2. Sport fishing and shellfishing are per- § 27.93 of this chapter). You must clearly mitted year round on all refuge lands south mark any stand left on the refuge with the of the Intracoastal Waterway; from the name and address of the person using the banks of U.S. Highway 11; and within the stand. banks of the borrow canal and borrow pits 7. We only allow deer hunting with modern between U.S. Highway 11 and Interstate 10. firearms during the lottery deer hunt. We re- 3. We only allow sport fishing with hand- quire special limited permits for the lottery held rod and reel or hand-held rod and line. deer hunt. We only allow hunters with a You may take bait shrimp with cast nets 8 valid lottery deer hunt permit (must possess feet (2.4 m) in diameter or less. You may and carry the permit) to use the refuge dur- take crawfish (up to 100 pounds (45 kg) per ing the lottery deer hunt. person) with wire nets up to 20 inches (50 cm) 8. We open archery season on the Saturday in diameter. We allow recreational crabbing closest to October 31, and keep it open until with a limit of 12 dozen per person. You must

261

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

attend all fishing, crabbing, and crawfishing 9. We allow hunting until 12 p.m. (noon). equipment at all times. We allow hunters to enter the refuge up to 2 4. The use of trotlines, limblines, slat hours before legal sunrise. traps, gar sets, nets or alligator lines is pro- 10. We open the refuge to hunting of migra- hibited on the refuge. tory game bird on Wednesdays, Thursdays, 5. Only outboard motors 25 horsepower or Saturdays, and Sundays of the State water- less are permitted in waterways inside the fowl season. hurricane protection levee. 11. We allow hunting in the Centerville, 6. We prohibit air-thrust boats, motorized Garden City, Bayou Sale, North Bend—East, pirogues, mud boats, and air-cooled propul- and North Bend—West Units through Novem- sion engines on the refuge. ber 30. After November 30, we allow hunting 7. We prohibit feeding of any wildlife within the Centerville, Garden City, and Bayou in the refuge. Sale Units only. We open no other units to 8. We prohibit all commercial finfishing hunting of migratory game birds. and shellfishing. 12. We only allow dogs to locate, point, and retrieve when hunting for migratory game BAYOU TECHE NATIONAL WILDLIFE REFUGE birds. 13. You may only possess approved A. Migratory Game Bird Hunting. We allow nontoxic shot while hunting on the refuge hunting of migratory game birds on des- (see § 32.2(k)). This requirement only applies ignated areas of the refuge in accordance to the use of shotgun ammunition. with State regulations subject to the fol- B. Upland Game Hunting. We allow hunting lowing conditions: of squirrel and rabbit on designated areas of 1. You must possess and carry a signed the refuge in accordance with State regula- Public Use Permit while on the refuge. This tions subject to the following conditions: permit is free and available on the front 1. We only allow hunting from the start of cover of the refuge’s brochure. the State squirrel and rabbit seasons until 2. We prohibit hunting in and/or shooting the last day of State waterfowl season in the into or across any open field, roadway, or West Zone. canal. 2. We prohibit upland game hunting on 3. Youth hunters under age 16 must have days corresponding with refuge deer gun completed a hunter education course and hunts. possess and carry evidence of completion. An 3. We allow hunters to enter the refuge up adult age 21 or older must closely supervise to 2 hours before legal sunrise, but they must youth hunters (within sight and normal leave the refuge 1 hour after legal sunset. voice contact). One adult can supervise no 4. We allow hunting 7 days a week begin- more than two youth hunters while hunting ning with the opening of State seasons in the migratory game birds. All hunters and adult Centerville, Garden City, Bayou Sale, North supervisors must possess and carry proof of Bend—East, and North Bend—West Units completion of a State Hunter Education through November 30. After November 30, we Course. only allow hunting on Wednesdays, Thurs- 4. All hunters must have a refuge lottery days, Saturdays, and Sundays in the hunting permit prior to hunting. You will Centerville, Garden City, and Bayou Sale find applications for refuge permits (that Units until 12 p.m. (noon). We open no other you must possess and carry) inside the ref- units to hunting of upland game. uge hunting, fishing, and public use bro- 5. We prohibit dogs. chures. 6. Conditions A1 through A8 and A13 apply. 5. All hunters must check-in prior to hunt- C. Big Game Hunting. We allow the hunting ing and check out after hunting at a refuge of white-tailed deer on designated areas of self-clearing check station. You must report the refuge in accordance with State regula- all game taken on the refuge when checking tions subject to the following conditions: out by using the check card. 1. We only allow hunting of deer with fire- 6. We prohibit airboats and marsh buggies arms (see § 27.42 of this chapter) during 7 spe- (tracked vehicles) on the refuge. We restrict cific days in November. A youth gun hunt motorized boat use to existing canals, will occur during the first weekend in No- ditches, trenasses, ponds, and from areas vember. The first of two general gun hunts marked as nonmotorized areas only. will occur on the third weekend, and the 7. We prohibit parking, walking, or hunt- final general gun hunt will occur during the ing within 150 feet (45 m) of any active oil final full weekend of November. These gun well site, production facility, or equipment. hunts include both Saturday and Sunday We also prohibit hunting within 150 feet (45 only, except the final general gun hunt will m) of any public road, refuge road, trail, additionally include the Friday immediately building, residence, or designated public fa- before the weekend. cility. 2. We allow hunting of deer with archery 8. We prohibit feeding of any wildlife with- equipment from the start of the State arch- in the refuge. ery season until the last day of November,

262

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

except for those days that deer gun hunts youth hunters (within sight and normal occur. voice contact). One adult may supervise no 3. All archery hunters must possess and more than two youth hunters while hunting carry proof of completion of the Inter- migratory game. national Bowhunters Education Program. 8. The refuge is open from 1⁄2 hour before 4. We allow hunting in the Centerville, legal sunrise to 1⁄2 hour after legal sunset. Garden City, Bayou Sale, North Bend—East, 9. We prohibit possession of buckshot, and North Bend—West Units only. We do not slugs, rifles, or rifle ammunition. open the Bayou Sale Unit for all big game 10. We prohibit hunting within 150 feet (45 firearm hunts. m) of the maintained rights-of-way of roads, 5. We only allow each hunter to possess 1 refuge road, trail, building, residence, des- deer of either sex per day. State season lim- ignated public facility, above-ground oil and its apply. gas or electrical facilities, or from across 6. You may take no other native or feral ATV trails (see § 27.31 of this chapter). wildlife other than white-tailed deer while 11. You may only possess approved engaged in big game hunting (see § 27.21 of nontoxic shot while hunting on the refuge this chapter). (see § 32.2(k)). 7. We prohibit possession of buckshot. 12. Hunters may not enter the refuge be- 8. We require a minimum of 400 square fore 4 a.m. inches (2,600 cm2) of unbroken hunter orange 13. We prohibit any person or group to act as the outermost layer of clothing on the as a hunting guide, outfitter, or in any other chest and back, and, in addition, we require capacity that any other individual(s) pays or a hat or cap of unbroken hunter orange. You promises to pay directly or indirectly for must wear the solid hunter-orange items services rendered to any other person or per- while in the field. sons hunting on the refuge, regardless of 9. Conditions A1 through A8 and B3 apply. D. Sport Fishing. We allow fishing in all ref- whether such payment is for guiding, outfit- uge waters in accordance with State regula- ting, lodging, or club membership. tions subject to the following conditions: B. Upland Game Hunting. We allow hunting 1. We only allow recreational fishing. We of squirrel, rabbit, woodcock, and quail on prohibit all commercial fishing activity. designated areas of the refuge in accordance 2. We prohibit the use of unattended nets, with State regulations subject to the fol- traps, or lines (trot, jug, bush, etc.). lowing conditions: 3. The refuge is daylight use only. 1. We allow upland game hunting during 4. We prohibit the take of turtle (see § 27.21 the open State season using only approved of this chapter). nontoxic (see § 32.2(k)) shot size #4 or small- 5. Conditions A1 and A5 through A8 apply. er. 2. You may only use dogs for squirrel and BIG BRANCH MARSH NATIONAL WILDLIFE rabbit after the close of the State gun deer REFUGE season. A. Migratory Game Bird Hunting. We allow 3. We only allow dogs to locate, point, and hunting of duck, coot, goose, snipe, rail, and retrieve when hunting for snipe, woodcock gallinule on designated areas of the refuge and quail. during the State waterfowl season in accord- 4. Conditions A5 through A13 apply. ance with State regulations subject to the C. Big Game Hunting. We allow hunting of following conditions: white-tailed deer and feral hog on designated 1. We allow waterfowl hunting on Wednes- areas of the refuge in accordance with State days, Thursdays, Saturdays, and Sundays, regulations subject to the following condi- until 12 p.m. (noon), including the special tions: teal season and youth waterfowl hunt. 1. We are open during the State season for 2. We do not open the refuge to goose hunt- archery hunting of deer. ing for that part of the season that extends 2. We only allow portable stands. beyond the regular duck season. 3. We prohibit dogs and driving deer. 3. You must remove blinds and decoys (see 4. You may take deer of either sex for the § 27.93 of this chapter) by noon. entire archery deer season. The State season 4. We only allow dogs to locate, point, and limits apply. retrieve when hunting for migratory game 5. You must remove all deer stands within birds. 14 days of the end of the refuge deer season 5. You must possess and carry a valid ref- (see § 27.93 of this chapter). uge hunt permit. 6. You may only take hogs during the ref- 6. We prohibit air-thrust boats, motorized uge archery hunt with bow and arrow. pirogues, mud boats, and air-cooled propul- 7. We prohibit possession or distribution of sion engines on the refuge. bait or hunting with the aid of bait, includ- 7. Youth hunters under age 16 must have ing any grain, salt, minerals or other feed or completed a hunter education course and any nonnaturally occurring attractant on possess and carry evidence of completion. An the refuge (see § 32.2(h)). adult age 21 or older must closely supervise 8. Conditions A5 through A11 apply.

263

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

9. Youth hunters under age 16 must have capacity that any other individual(s) pays or completed a hunter education course and promises to pay directly or indirectly for possess and carry evidence of completion. An services rendered to any other person or per- adult age 21 or older must closely supervise sons hunting on the refuge, regardless of youth hunters (within sight and normal whether such payment is for guiding, outfit- voice contact). One adult may supervise no ting, lodging, or club membership. more than one youth hunter while hunting 11. We only allow ATVs on trails (see § 27.31 big game. of this chapter) designated for their use and 10. Conditions A5 through A13 apply. marked by signs. We do not open ATV trails D. Sport Fishing. We allow fishing in des- March 1 through August 31. An all-terrain ignated waters of the refuge in accordance vehicle (ATV) is an off-road vehicle with fac- with State regulations subject to the fol- tory specifications not to exceed the following conditions: lowing: weight 750 lbs. (337.5 kg), length 85 1. You may only fish during from legal sun- inches (212.5 cm), and width 48 inches (120 rise to legal sunset. cm). We restrict ATV tires to those no larger 2. You must only use rods and reel or pole than 25×12 with a maximum of 1 inch (2.5 cm) and lines while fishing. lug height and a maximum allowable tire 3. We prohibit trotlines, slat traps, jug pressure of 7 psi as indicated on the tire by lines, or nets. the manufacturer. 4. We allow recreational crabbing. B. Upland Game Hunting. We allow hunting 5. We prohibit all commercial finfishing of quail, squirrel, rabbit, raccoon, and opos- and shellfishing. 6. We prohibit the taking of turtle (see sum on designated areas of the refuge in ac- § 27.21 of this chapter). cordance with State regulations subject to 7. Condition A6 applies. the following conditions: 1. Conditions A1, A2, A4, A6, A9, and A10 BLACK BAYOU LAKE NATIONAL WILDLIFE apply. REFUGE 2. We prohibit possession of firearms (see A. Migratory Game Bird Hunting. We allow § 27.42 of this chapter) larger than .22 caliber hunting of duck, goose, coot, and woodcock rimfire, shotgun slugs, and buckshot. on designated areas of the refuge in accord- 3. You may hunt raccoon and opossum ance with State regulations subject to the from 1⁄2 hour before sunrise to 1⁄2 hour after following conditions: sunset of rabbit and squirrel season and at 1. You must possess and carry a signed ref- night during December and January. You uge hunt permit. may use dogs for night hunting. We prohibit 2. We allow hunting north of ‘‘cemetery selling raccoon and opossum taken on the pipeline’’ and east of the main body (perma- refuge for human consumption. nent water) of Black Bayou Lake. 4. We allow use of dogs to hunt squirrel and 3. We allow waterfowl hunting until 12 p.m. rabbit after the refuge archery deer hunt. (noon) during the State season except we do 5. We allow use of horses and mules to hunt not open during the special teal season and raccoon and opossum at night only after ob- State youth waterfowl hunt. taining a Special Use Permit at the refuge 4. We prohibit accessing the hunting area office. by boat from Black Bayou Lake. 6. We prohibit opossum and raccoon night 5. You may enter the refuge no earlier than hunters from using ATVs. 4 a.m. 7. You may enter the refuge no earlier than 6. We prohibit hunting within 150 feet (45 4 a.m. and must exit no later than 1 hour m) of the maintained right-of-way of roads, after legal shooting hours. from or across ATV trails (see § 27.31 of this 8. You may only possess approved nontoxic chapter). We prohibit hunting within 50 feet shot (see § 32.2(k)) while hunting on the ref- (15 m), or trespassing on above-ground oil or uge. This requirement only applies to the use gas production facilities. of shotgun ammunition. 7. We prohibit leaving boats, blinds, and decoys unattended. C. Big Game Hunting. We allow hunting of 8. We only allow dogs to locate, point, and white-tailed deer on designated areas of the retrieve when hunting for migratory game refuge in accordance with State regulations birds. subject to the following conditions: 9. Youth hunters under age 16 must suc- 1. Conditions A1, A4, A6, A10, A11, and B7 cessfully complete a State-approved hunter apply. education course. While hunting, each youth 2. We allow archery deer hunting during must possess and carry a card or certificate October, November, and December north of of completion. Each youth hunter must re- ‘‘cemetery pipeline’’ and east of the main main within sight and normal voice contact body (permanent water) of Black Bayou of an adult age 21 or older. One adult may su- Lake. pervise two youth hunters. 3. We prohibit gun deer hunting. 10. We prohibit any person or group to act 4. The daily bag limit is one deer of either as a hunting guide, outfitter, or in any other sex. The State season limit applies.

264

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

5. Hunters must possess and carry proof of Navigation Canal as indicated on refuge per- completion of the International Bowhunters mit map. Education Program. 7. We prohibit hunting within 150 feet (45 6. We prohibit leaving deer stands, blinds, m) of any public road, refuge road, trail, and other equipment unattended. building, residence, designated public facil- 7. Youth hunters under age 16 must suc- ity or from or across above-ground oil or gas cessfully complete a State-approved hunter or electrical facilities. education course. While hunting, each youth 8. We prohibit possession of slugs, buck- must possess and carry a card or certificate shot, or rifle or pistol ammunition larger of completion. Each youth hunter must re- than .22 caliber rimfire. main within sight and normal voice contact 9. We allow primitive camping within 100 of an adult age 21 or older. One adult may su- feet (30 m) of designated streams. These in- pervise no more than one youth hunter. clude either bank of the Boque Chitto River, D. Sport Fishing. We allow fishing on des- Wilson Slough, and West Pearl River south ignated areas of the refuge in accordance of Wilson Slough, refuge lands along the with State regulations subject to the fol- East Pearl River, and Holmes Bayou. lowing conditions: 10. We prohibit any person or group to act as a hunting guide, outfitter, or in any other 1. You may enter the refuge 1⁄2 hour before legal sunrise, and you must exit no later capacity that any other individual(s) pays or promises to pay directly or indirectly for than 1⁄2 hour after legal sunset. 2. You may only launch boats at the con- services rendered to any other person or per- crete ramp adjacent to the visitor center. We sons hunting on the refuge, regardless of prohibit launching boats with motors great- whether such payment is for guiding, outfit- er than 50 hp. We prohibit personal ting, lodging, or club membership. watercraft (Jet Skis). B. Upland Game Hunting. We allow hunting of squirrel, rabbit, raccoon, and opossum on 3. We prohibit trotlines, limb lines, yo-yos, designated areas of the refuge in accordance traps, or nets. with State regulations subject to the fol- 4. We prohibit commercial fishing. lowing conditions: 5. We prohibit leaving boats or other equip- 1. You may only possess approved nontoxic ment on the refuge overnight (see § 27.93 of shot while hunting on the refuge (see this chapter). § 32.2(k)). This requirement only applies to 6. We require a boat launch fee. You must the use of shotgun ammunition. pay launch fees and fill out and properly dis- 2. You may use dogs for squirrel during a play your launch permit before launching portion of the squirrel season, typically in boat. November and from after the close of the ref- 7. We prohibit take of frog, turtle, and mol- uge gun deer season until the end of the lusk (see § 27.21 of this chapter). State squirrel season. 8. We prohibit crossing the water hyacinth 3. You may use dogs for rabbit during a blooms in a boat. portion of the squirrel season, typically in BOGUE CHITTO NATIONAL WILDLIFE REFUGE November and after the close of the State gun deer season. A. Migratory Game Bird Hunting. We allow 4. You may use dogs for raccoon; the sea- hunting of duck, goose, coot, and woodcock son is typically during the months of Janu- on designated areas of the refuge in accord- ary and February. ance with State regulations subject to the 5. We will close the refuge to hunting (ex- following conditions: cept waterfowl) and camping when the Pearl 1. We allow hunting from 1⁄2 hour before River reaches 15.5 feet (4.65 m) on the Pearl legal sunrise until 12 p.m. (noon). River Gauge at Pearl River, Louisiana. 2. We only allow woodcock hunting using 6. We prohibit the take of feral hog during approved nontoxic shot (see § 32.2(k)) size #4 any upland game hunts. or smaller. 7. Conditions A3 (upland game hunts), and 3. Youth hunters under age 16 must suc- A5 through A10 apply. cessfully complete a State-approved hunter 8. During the refuge deer gun season, all education course. While hunting, each youth hunters except waterfowl hunters must wear must possess and carry a certificate of com- a minimum of 400 square inches (2,600 cm2) of pletion. Each youth hunter must remain unbroken hunter orange as the outermost within sight and normal voice contact of an layer of clothing on the chest and back, and adult age 21 or older. For waterfowl hunts, in addition we require a hat or cap of unbro- one adult may supervise two youth hunters. ken hunter orange. 4. We only allow dogs to locate, point, and 9. We allow upland game hunting during retrieve when hunting for migratory game the open State season. birds. C. Big Game Hunting. We allow hunting of 5. We require a signed refuge hunt permit. white-tailed deer, turkey, and feral hog on 6. We allow public hunting refuge-wide dur- designated areas of the refuge in accordance ing the open State season for listed species, with State regulations subject to the fol- except for the east levee of the Pearl River lowing conditions:

265

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

1. Conditions A3 (one adult may only su- CAMERON PRAIRIE NATIONAL WILDLIFE pervise one youth hunter during refuge Gun REFUGE Deer Hunts), A5 through A7, A10, B5, and B8 We allow apply. A. Migratory Game Bird Hunting. hunting of goose (except Canada goose), 2. You must remove all deer stands within duck, coots, snipe, and dove on designated 14 days following the end of the refuge deer areas of the refuge in accordance with State season (see § 27.93 of this chapter). regulations subject to the following condi- 3. We allow archery deer hunting during tions: the open State archery season. 4. General Gun Deer Hunts are typically in 1. The waterfowl hunt is a youth hunt November and December. only. We set hunt dates in September, and 5. Primitive weapons season is typically you may obtain information from the refuge. open in December. We will accept permit applications Sep- 6. We prohibit the use of dogs. tember 1 through October 15 and limit applications to a choice of 2 dates. We will notify 7. We prohibit using shot larger than No. 2 successful applicants. during turkey season. 8. You may only take gobblers. 2. Youth hunters under age 16 must suc- 9. You may take hogs as incidental game cessfully complete a State-approved hunter while participating in the refuge archery, education course. While hunting, each youth primitive weapon and general gun deer hunts must possess and carry a card or certificate only. Additionally, you may take hogs typi- of completion. Each youth hunter must re- cally during varying dates in January and main within sight and normal voice contact February, and you must only take them with of an adult age 21 or older. For waterfowl the aid of trained hog-hunting dogs from hunts, one adult may supervise two youth legal sunrise until legal sunset. During the hunters. special hog season in January and February, 3. We require every hunter to possess and hunters may use pistol or rifle ammunition carry signed refuge hunting regulations and not larger than .22 caliber or a shotgun with permit. nontoxic (steel, bismuth) shot to kill hogs 4. You must complete a Hunter Informa- after they have been caught by dogs. tion Card at a self-clearing check station 10. You must kill all hogs prior to removal after each hunt before leaving the refuge. from the refuge. 5. We allow dove hunting on designated 11. We prohibit possession or distribution areas during the first split of the State dove of bait or hunting with the aid of bait, in- season only. cluding any grain, salt, minerals, or other 6. We allow snipe hunting on designated feed or nonnaturally occurring attractant on areas for the remaining portion of the State the refuge (see § 32.2(h)). snipe season following closure of the State D. Sport Fishing. We allow fishing year- Ducks and Coots season in the West Zone. round in accordance with State regulations 7. We prohibit hunting within 150 feet (45 subject to the following conditions: m) of any public road, refuge road, trail, 1. We only allow cotton limb lines. building, residence, or designated public fa- 2. Conditions A9 and B5 apply. cility. 3. We close the fishing ponds at the Pearl 8. We prohibit any person or group to act River Turnaround to fishing during the as a hunting guide, outfitter, or in any other months of April, May, and June. capacity that any other individual(s) pays or 4. We allow boats in the fishing ponds at promises to pay directly or indirectly for the Pearl River Turnaround that do not have services rendered to any other person or per- gasoline-powered engines attached. These sons hunting on the refuge, regardless of boats must be hand launched into the ponds. whether such payment is for guiding, outfit- 5. We prohibit the take of turtle (see § 27.21 ting, lodging, or club membership. of this chapter). B. Upland Game Hunting. [Reserved] 6. We allow trotlines but the last five feet C. Big Game Hunting. We allow archery as of trotline must be 100% cotton. the only form of hunting for white-tailed deer in designated areas of the refuge in ac- BRETON NATIONAL WILDLIFE REFUGE cordance with State regulations subject to A. Migratory Game Bird Hunting. [Reserved] the following conditions: B. Upland Game Hunting. [Reserved] 1. You must possess and carry proof of C. Big Game Hunting. [Reserved] completion of the International Bowhunters D. Sport Fishing. Anglers may fish and crab Education Program to bowhunt on the ref- on designated areas of the refuge subject to uge. the following conditions: 2. Conditions A2 (for big game hunt, one 1. Anglers may fish year-round. adult may supervise no more than one youth 2. Crabbers must tend crabbing equipment hunter), A3, A4, A7, and A8 apply. at all times. D. Sport Fishing. We allow fishing, boating, 3. Anglers may not use trotlines, slat crabbing, and cast netting on designated traps, or nets. areas of the refuge in accordance with State

266

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

regulations subject to the following condi- 2. Each hunter must sign in at the refuge tions: check station when entering and leaving the 1. You must fish with a rod and reel or a refuge. pole and line. We prohibit the possession of 3. The refuge opens at 4 a.m. and closes 1 any other type of fishing gear, including hour after legal sunset. limb lines, gill nets, jug lines, yo-yos or 4. We prohibit possession of firearms in trotlines. areas posted as ‘‘No Hunting Zones.’’ 2. You may fish, crab, or cast net in the 5. You may only enter and exit the refuge East Cove unit year-round from legal sunrise from designated parking areas. to legal sunset, except during the State wa- 6. Youth hunters under age 16 must suc- terfowl season and when we close the Grand cessfully complete a State-approved hunter Bayou Boat Bay. education course. While hunting, each youth 3. We prohibit fishing, crabbing, or cast must possess and carry a card or certificate netting from or trespassing on refuge water of completion. Each youth hunter must re- control structures at any time. main within sight and normal voice contact 4. We prohibit walking, wading, or climb- of an adult age 21 or older. Each adult must ing in or on the marsh, levees, or structures. possess and carry a refuge permit and may 5. We allow sport fishing, crabbing, and supervise no more than two youth hunters cast netting in the Gibbstown Unit Bank during waterfowl/upland game hunting. Fishing Road waterways and adjacent bor- 7. We allow take of beaver, feral hog, nu- row pits and the Outfall Canal from March 15 tria, raccoon, and coyote incidental to any through October 15 only. refuge hunt with weapons legal for that hunt 6. We only allow nonpowered boats in the until you take the daily bag limit of game. Bank Fishing Road waterways. 8. You must report all harvest game at the 7. We only allow recreational crabbing refuge check station upon leaving the refuge. with cotton hand lines or dropnets up to 24 9. We allow use of all-terrain vehicles on inches (60 cm) outside diameter. designated refuge trails (see § 27.31 of this 8. You must attend all lines, nets, and bait chapter) for wildlife-dependent activities and remove them from the refuge (see § 27.93 from the first Saturday in September to the of this chapter) when you leave. last day of the State-designated rabbit sea- 9. We allow a daily limit of five dozen crabs son. An all-terrain vehicle (ATV) is an off- per boat or vehicle. road vehicle with factory specifications not to exceed the following: weight 750 lbs. (337.5 10. We allow recreational cast netting for kg), length 85 inches (212.5 cm), and width 48 shrimp during the Louisiana Inland Shrimp inches (120 cm). We restrict ATV tires to Season when we open the East Cove Unit for those no larger than 25×12 with a maximum boats. 1 inch (2.5 cm) lug height and a maximum al- 11. You may only use a cast net that does lowable tire pressure of 7 psi as indicated on not exceed a 5 foot (12.5 cm) hanging radius. the tire by the manufacturer. 12. We allow a daily limit of 5 gallons (19 L) 10. We prohibit transport of loaded weap- of heads-on shrimp per boat. ons on an ATV (see § 27.42(b) of this chapter). 13. We only allow recreational cast netting 11. We prohibit hunting within 150 feet (45 for bait year-round when we open the East m) of any public road, refuge road, trail or Cove Unit for boats. ATV trail, building, residence, or designated 14. We prohibit the use of ATVs, air-thrust public facility. boats, personal motorized watercraft (Jet 12. We prohibit the possession or use of Skis), and air-cooled propulsion engines (go nonbiodegradable flagging tape. devil-style motors) in any refuge area (see 13. We prohibit horses or mules. § 27.31(f) of this chapter). 14. We only allow parking in designated 15. You may operate outboard motors in parking areas. refuge canals, bayous, and lakes. We only 15. We prohibit camping or overnight park- allow trolling motors in the marsh. ing on the refuge. 16. Condition A8 applies. 16. We prohibit air-thrust boats on the ref- 17. We prohibit the taking of turtle (see uge. § 27.21 of this chapter). 17. We prohibit all other hunting during the special youth and Gun Deer Hunts. CAT ISLAND NATIONAL WILDLIFE REFUGE 18. We allow waterfowl hunting on Tues- A. Migratory Game Bird Hunting. We allow days, Thursdays, Saturdays, and Sundays hunting of duck, goose, coot, and woodcock until 12 p.m. (noon) during the designated on designated areas of the refuge as shown State duck season, except during the refuge on the refuge hunt brochure map in accord- quota deer hunts. ance with State regulations subject to the 19. You must remove boats, blinds, and de- following conditions: coys (see § 27.93 of this chapter) daily. 1. We require hunters and anglers age 16 20. We only allow dogs to locate, point, and and older to purchase and carry a signed ref- retrieve when hunting for migratory game uge special recreational activity permit. birds.

267

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

21. We prohibit accessing refuge property 8. You may only take one deer of either sex by boat from the Mississippi River. per day during the deer season. State season 22. Persons using the refuge are subject to limits apply. During the deer quota hunts, inspection of permits, licenses, hunting you may only take one deer of either sex equipment, bag limits, and boats and vehi- during the quota hunt weekend. cles by law enforcement officers. 9. We require a minimum of 400 square 23. We allow nonmotorized or electric-pow- inches (2,600 cm2) of unbroken hunter orange ered boats only. as the outermost layer of clothing on the 24. We prohibit trapping. chest and back, and in addition we require a 25. We prohibit the possession of saws, saw hat or cap of unbroken hunter orange. blades, or machetes. 10. We prohibit driving or screwing nails, B. Upland Game Hunting. We allow hunting spikes, or other metal objects into trees or of squirrel and rabbit on designated areas of hunting from any tree into which such an the refuge as shown on the refuge hunt bro- object has been driven (see § 32.2(i)). chure map in accordance with State regula- D. Sport Fishing. We allow fishing on des- tions subject to the following conditions: ignated areas of the refuge as shown on the 1. Conditions A1 through A17, A19, A21, and refuge hunting and fishing brochure map in A22 apply. accordance with State regulations subject to 2. We allow the use of .22 caliber or less the following conditions: rimfire rifles and 12 gauge or higher shot- 1. We prohibit commercial fishing or com- guns to hunt upland game. mercial crawfishing. 3. We allow the use of squirrel and rabbit 2. Conditions A1, A3, A4, A9 (on the open dogs from the day after the close of the portions of Wood Duck ATV Trail for wild- State-designated deer rifle season to the end life-dependent activities throughout the of the State-designated season. We allow up year), A13 through A16, and A19 apply. to two dogs per hunting party. 3. We only allow hook and line to catch 4. We require the owner’s name and phone bait fish. number on the collars of all dogs. 4. We prohibit slat traps or hoop nets on 5. You may only possess approved nontoxic the refuge. shot while hunting on the refuge (see 5. You may use trotlines and yo-yos on the § 32.2(k)). This requirement only applies to refuge. The ends of trotlines must consist of the use of shotgun ammunition. a length of cotton line that extends from the C. Big Game Hunting. We allow hunting of points of attachment into the water. You white-tailed deer on designated areas of the must attend yo-yos (within sight) at all refuge as shown on the refuge hunt brochure times. map in accordance with State regulations 6. We prohibit possession of cleaned or subject to the following conditions: processed fish on the refuge. 1. Conditions A1 through A17, A19, and A21 7. We allow recreational crawfishing on the through A22 apply. refuge with either traps or nets April 1 2. You must only hunt deer using bow and through July 31, according to State regula- arrow during the State-designated deer sea- tions regarding trap requirements and li- son, except during the refuge quota deer censing. The harvest limit is 100 pounds (45 hunts and the youth deer hunt. kg) per vehicle or boat per day. 3. There will be two or three lottery gun 8. You must attend all crawfish traps and hunts (muzzleloader/rifle) in November and nets at all times and may not leave them on December (see refuge brochure for details). the refuge overnight. We allow up to and not We will set hunt dates in July, and we will exceeding 20 traps per angler on the refuge. accept applications from August 1 through 9. We prohibit harvest of frog or turtle on August 31. Applicants may apply for more the refuge (see § 27.21 of this chapter). than one hunt. There is a $5 application fee 10. We prohibit boat launching by trailer per person for each hunt application and a from all refuge roads and parking lots. $15 per person permit for each successful ap- 11. We prohibit the harvest of frogs or tur- plicant. We will notify successful applicants tles (see § 27.21 of this chapter). by September 5. CATAHOULA NATIONAL WILDLIFE REFUGE 4. We allow only portable deer stands. Hunters may erect stands 2 days before the A. Migratory Game Bird Hunting. We allow beginning of the refuge archery season and hunting of migratory game birds only on must remove them the last day of the State designated areas of the Bushley Bayou Unit archery season (see § 27.93 of this chapter). in accordance with State hunting regula- 5. We prohibit the use of dogs to trail tions subject to the following conditions: wounded deer or hogs. 1. Hunters must possess and carry a signed 6. You must only use portable deer stands. refuge hunting permit. Prior to entering and Deer stands must have the owner’s name, ad- leaving the hunt area, we require hunters to dress, and phone number clearly printed on sign in and out at designated locations as in- the stand. dicated on the refuge hunt/fish permit. 7. We prohibit the use of dogs to trail 2. We allow goose, duck, and coot hunting wounded deer. on the Bushley Bayou Unit on Tuesdays,

268

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

Thursdays, Saturdays, and Sundays only 13. We prohibit any person or group to act from 1⁄2 hour before legal sunrise until 12 as a hunting guide, outfitter, or in any other p.m. (noon) during the State season. capacity that any other individual(s) pays or 3. We open the refuge to hunters 2 hours promises to pay directly or indirectly for before official sunrise for migratory game services rendered to any other person or per- bird hunting. sons hunting on the refuge, regardless of 4. We allow ATVs on ATV trails (see § 27.31 whether such payment is for guiding, outfit- of this chapter) designated on the refuge ting, lodging, or club membership. hunt/fish permit from September 1 through 14. We prohibit marking areas or trails the end of rabbit season. We open Bushley with tape, paint, paper, flagging, or any Creek, Black Lake, Boggy Bayou, Round other material. Lake, Dempsey Lake Roads, and that por- 15. We only allow dogs to locate, point, and tion of Minnow Ponds Road at Highway 8 to retrieve when hunting for migratory game Green’s Creek Road and then south to birds. We only allow dogs after the last deer- Green’s Creek Bridget to ATVs year-round. muzzleloader hunt, except when we allow We prohibit the use of an ATV on graveled them for waterfowl hunting throughout the roads designated for motor vehicle traffic entire refuge waterfowl season. unless otherwise posted. We only allow ATVs 16. We prohibit camping or parking over- for wildlife-dependent activities. We define night on the refuge. an ATV as an off-road vehicle (not legal for B. Upland Game Hunting. We allow hunting highway use) with factory specifications not of squirrel, rabbit, raccoon, and feral hog on to exceed the following: weight 750 lbs. (337.5 designated areas of the refuge in accordance kg), length 85 inches (212.5 cm), and width 48 with State regulations subject to the fol- inches (120 cm). We restrict ATV tires to lowing conditions: those no larger than 25 × 12 with a maximum 1. Conditions A1, A4 (at the Bushley Bayou 1 inch (2.5 cm) lug height and a maximum al- Unit), A7 through A14, and A16 apply. lowable tire pressure of 7 psi as indicated on the tire by the manufacturer. 2. At the Headquarters Unit, we only allow 5. We require hunters to remove all port- squirrel, rabbit, raccoon, and feral hog hunt- able blinds, boats, decoys, and other personal ing from the first day of the State squirrel equipment (see § 27.93 of this chapter) from season through October 31. the refuge by 1 p.m. daily. 3. At the Bushley Bayou Unit, we allow 6. We prohibit all migratory game bird squirrel, rabbit, raccoon, and feral hog hunt- hunting during deer-gun and muzzleloader ing in accordance with the State season. hunts. 4. We open the refuge to hunters from 2 7. We prohibit hunting or shooting within hours before legal sunrise until 2 hours after 150 feet (45 m) of any public road, refuge legal sunset. road, ATV trail, building, residence, or des- 5. At the Headquarters Unit, we only allow ignated public facility. We prohibit parking, ATV use year-round on the Muddy Bayou walking, or hunting with 150 feet (45 m) of Road. any active oil well site, production facility, 6. We prohibit squirrel, rabbit, and raccoon or equipment. hunting during deer-gun and muzzleloader 8. We prohibit the use of air-thrust boats, hunts. inboard water-thrust boats, or personal 7. We prohibit the use of airboats, inboard watercraft. We only allow nonmotorized water-thrust boats, or personal watercraft. boats, boats with electric motors, or boats We only allow nonmotorized boats, boats with a motor of 10 hp or less on Black Lake, with electric motors, or boats with a motor Dempsey Lake, Long Lake, Rhinehart Lake, of 10 hp or less on Black Lake, Dempsey and Round Lake. Lake, Long Lake, Rhinehart Lake, and 9. We prohibit the use of mules or horses. Round Lake of the Bushley Bayou Unit and 10. Youth hunters under age 16 must suc- Duck Lake, Cowpen Bayou, Willow Lake, cessfully complete a State-approved hunter and the Highway 28 and 84 borrow pits of the education course. While hunting, each youth Headquarters Unit. must possess and carry a card or certificate 8. At the Headquarters Unit, we close up- of completion. Each youth hunter must re- land game hunting during high water condi- main within sight and normal voice contact tions with an elevation of 42 feet (12.6 m) or of an adult age 21 or older. Each adult must above as measured at the Corps of Engineers possess and carry a refuge permit and may center of the lake gauge on Catahoula Lake. supervise no more than two youth hunters. At the Bushley Bayou Unit, we close upland 11. You may only possess approved game hunting during high water conditions nontoxic shot while in the field (see § 32.2(k)). with an elevation of 44 feet (13.2 m) or above This requirement only applies to the use of as measured at the Corps of Engineers center shotgun ammunition. of the lake gauge on Catahoula Lake. 12. We prohibit the possession of buckshot, 9. On the Bushley Bayou Unit we allow the slugs, or rifle ammunition larger than .17 use of dogs to hunt squirrel, rabbit, and rac- caliber rimfire while engaged in migratory coon only after the last deer-muzzleloader game bird hunts. hunt.

269

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

10. Dog owners must place their names and 1. Conditions A4 (at the Bushley Bayou phone numbers on the collars of all of their Unit), A7, A9, A13 (as a fishing guide), A14, dogs. A16, B5, and B7 apply. C. Big Game Hunting. We allow hunting of 2. We require anglers to possess and carry white-tailed deer and feral hog on designated at all times a signed copy of a current refuge areas of the refuge in accordance with State hunting/fishing permit. regulations subject to the following condi- 3. At the Bushley Bayou Unit, we allow tions: fishing and crawfishing year-round. We allow 1. Conditions A1, A4 (at the Bushley Bayou trotlines, but you must tend them at least Unit), A7 through A9, A12 through A14, A16, once every 24 hours and reset them when re- and B4 through B8 (big game hunting) apply. ceding water levels expose them. You must 2. At the Bushley Bayou Unit, we allow attach them with a length of cotton line deer-archery hunting during the State arch- that extends into the water. We allow yo- ery season, except when closed during deer- yos, but you must attend and only use them gun and deer-muzzleloader hunts. We allow from 1 hour before legal sunrise until 1⁄2 hour either-sex, deer-muzzleloader hunting during after legal sunset. We only allow rec- the first segment of the State season for reational gear (slat traps, wire nets, and Area 1, weekdays only (Monday through Fri- hoop nets) by refuge Special Use Permit and day) and the third weekend after Thanks- only in Bushley Creek, Big Bushley Creek, giving Day. We allow either-sex, deer-gun and Little Bushley Creek. hunting for the Friday, Saturday, and Sun- 4. At the Headquarters Unit, we allow year- day immediately following Thanksgiving round fishing on Cowpen Bayou and the Day and for the second weekend following Highway 28 borrow pits. We open fishing on Thanksgiving Day. the remainder of the Headquarters Unit in- 3. At the Headquarters Unit, we allow deer- cluding Duck Lake, Muddy Bayou, Willow archery hunting during the State archery Lake, and the Highway 84 borrow pits from season, except when closed during the deer- March 1 through October 31. We only allow gun hunt south of the French Fork of the pole and line or rod and reel fishing. We pro- Little River. We allow either-sex, deer-gun hibit snagging. hunting on the fourth weekend after Thanks- 5. We allow fishing from 1 hour before legal giving Day on the area south of the French sunrise until 1⁄2 hour after legal sunset. Fork of the Little River. 6. At the Headquarters Unit, we only allow 4. We allow portable stands and climbing launching of trailered boats at designated stands, but hunters must remove them from boat ramps. You may launch small, hand- the refuge daily (see § 27.93 of this chapter). carried boats at nonboat ramp sites. We pro- 5. We prohibit possession of buckshot. hibit dragging boats or driving vehicles (see 6. We require a minimum of 400 square § 27.31 of this chapter) onto road shoulders to inches (2,600 cm2) of unbroken hunter orange launch boats. as the outermost layer of clothing on the 7. We prohibit the taking or possession of chest and back, and in addition we require a all snakes, frogs, turtles, salamanders, and hat or cap of unbroken hunter orange. You mollusks by any means (see § 27.21 of this must wear the solid hunter-orange items chapter). while in the field. 8. We prohibit bank fishing on Bushley 7. You may only take one deer per day dur- Creek and fishing in Black Lake, Dempsey ing any refuge deer hunt. The State season Lake, Long Lake, Rhinehart Lake, and limits apply. round Lake, during deer-gun and muzzle- 8. We prohibit the use of organized drives loader hunts. We prohibit fishing in Black for taking or attempting to take game or Lake, Dempsey Lake, Long Lake, Rhinehart using pursuit dogs. Lake, and Round Lake during waterfowl 9. Archery hunters must possess and carry hunts. proof of completion of the International Bowhunters Education Program. D’ARBONNE NATIONAL WILDLIFE REFUGE 10. Youth hunters under age 16 must suc- A. Migratory Game Bird Hunting. We allow cessfully complete a State-approved hunter hunting of duck, goose, coot, and woodcock education course. While hunting, each youth on designated areas of the refuge in accord- must possess and carry a card or certificate ance with State regulations subject to the of completion. Each youth hunter must re- following conditions: main within sight and normal voice contact 1. Hunters must possess and carry a signed of an adult age 21 or older. Each adult must refuge permit. possess and carry a refuge permit and may 2. We prohibit waterfowl hunting in the supervise no more than one youth hunter. ‘‘Beanfield’’ area west of Bayou D’Arbonne 11. We prohibit the use of dogs to trail and between Holland’s Bluff Road and the wounded deer. ‘‘Big Powerline’’ east of Bayou D’Arbonne. D. Sport Fishing. We allow fishing on des- We mark prohibited areas with blue paint ignated areas of the refuge in accordance and signs. with State regulations subject to the fol- 3. We prohibit woodcock hunting in the lowing conditions: ‘‘Beanfield’’ area west of Bayou D’Arbonne.

270

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

4. We allow waterfowl hunting until 12 p.m. C. Big Game Hunting. We allow hunting of (noon) during the State season except when white-tailed deer on designated areas of the closed during the special teal season and refuge in accordance with State regulations State youth waterfowl hunt. subject to the following conditions: 5. Hunters may enter the refuge no earlier 1. Conditions A1, A3 (for gun deer hunting), than 4 a.m. A6, A10, and B7 apply. 6. We prohibit hunting within 150 feet (45 2. We allow general gun deer hunting on m) of the maintained right-of-way roads, the following days: the first consecutive Sat- from or across ATV trails (see § 27.31 of this urday and Sunday of November, the Friday, chapter). We prohibit hunting within 50 feet Saturday, and Sunday following Thanks- (15 m) or trespassing on above-ground oil or giving Day, and the second Saturday and gas production facilities. Sunday after Thanksgiving Day. We allow 7. We prohibit leaving boats, blinds, and archery deer hunting during the entire State decoys unattended. season. 8. We only allow dogs to locate, point, and 3. We allow a restricted Gun Deer Hunt for retrieve when hunting for migratory game hunters with Class I Wheelchair Bound Per- birds. mit issued by the Louisiana Department of 9. Youth hunters under age 16 must suc- Wildlife and Fisheries on the second consecu- cessfully complete a State-approved hunter tive Saturday and Sunday of November. Only education course. While hunting each youth permitted hunters may carry firearms (see must possess and carry a card or certificate § 27.42 of this chapter). of completion. Each youth hunter must re- 4. The daily bag limit is one antlered and main within sight and normal voice contact one antlerless deer. The State season limit of an adult age 21 or older. Each adult must applies. possess and carry a refuge permit and may 5. You must check all deer taken during supervise no more than two youth hunters. general Gun Deer Hunts at a refuge check 10. We prohibit any person or group to act station between 7 a.m. and 7 p.m. on the as a hunting guide, outfitter, or in any other same day taken unless stated otherwise in capacity that any other individual(s) pays or the annual refuge hunting brochure and per- promises to pay directly or indirectly for mit. services rendered to any other person or per- 6. Archery hunters must possess and carry sons hunting on the refuge, regardless of proof of completion of the International whether such payment is for guiding, outfit- Bowhunters Education Program. ting, lodging, or club membership. 7. We prohibit leaving deer stands, blinds, B. Upland Game Hunting. We allow hunting and other equipment unattended. of quail, squirrel, rabbit, raccoon, and opossum on designated areas of the refuge in ac- 8. Deer hunters must wear hunter orange cordance with State regulations subject to as per State deer hunting regulations on the following conditions: Wildlife Management Areas. 1. Conditions A1, A6, A9, and A10 apply. 9. We prohibit hunters placing, or hunting 2. We prohibit hunting in the ‘‘Beanfield’’ from, stands on pine trees with white paint- area west of Bayou D’Arbonne after October ed bands/rings. 31. 10. Youth hunters under age 16 must suc- 3. We prohibit possession of firearms larger cessfully complete a State-approved hunter than .22 caliber rimfire, shotgun slugs, and education course. While hunting each youth buckshot while engaged in upland game must possess and carry a card or certificate hunting. of completion. Each youth hunter must re- 4. You may hunt raccoon and opossum dur- main within sight and normal voice contact ing the daylight hours of rabbit and squirrel of an adult age 21 or older. Each adult must season and at night during December and possess and carry a refuge permit and may January. You may use dogs for night hunt- supervise no more than one youth hunter. ing. You may take raccoon and opossum on D. Sport Fishing. We allow fishing on the the refuge, but we prohibit their sale for refuge in accordance with State regulations human consumption. subject to the following conditions: 5. You may use dogs to hunt squirrel and 1. We prohibit leaving boats and other per- rabbit after the last refuge Gun Deer Hunt. sonal property on the refuge unattended. 6. You may only use horses and mules to 2. You must tend trotlines daily. You must hunt raccoon and opossum at night after ob- attach ends of trotlines by a length of cotton taining a special permit at the refuge office. line that extends into the water. 7. Hunters may enter the refuge no earlier 3. We prohibit commercial fishing. Rec- than 4 a.m. and must exit no later than 2 reational fishing using commercial gear (slat hours after legal shooting hours. traps, etc.) requires a special refuge permit 8. You may only possess approved nontoxic (that you must possess and carry) available shot while in the field (see § 32.2(k)). This re- at the refuge office. quirement only applies to the use of shotgun 4. We prohibit the taking of turtle (see ammunition. § 27.21 of this chapter).

271

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

DELTA NATIONAL WILDLIFE REFUGE accordance with State regulations subject to the following conditions: A. Migratory Game Bird Hunting. We allow 1. The refuge rabbit season opens the day hunting of duck, goose, and coot on des- after the State duck season closes and con- ignated areas of the refuge in accordance tinues through the remainder of the State with State regulations subject to the fol- rabbit season. lowing conditions. 2. We restrict hunting to shotgun only. 1. We allow waterfowl hunting on Wednes- 3. We allow dogs for rabbit hunting. days, Thursdays, Saturdays, and Sundays 4. Conditions A4 through A12 (each adult until 12 p.m. (noon), including special teal may supervise no more than two youth hunt- season, youth waterfowl season, and ‘‘light ers during upland game hunting), and A13 goose’’ special conservation season. apply. 2. We only allow temporary blinds. You C. Big Game Hunting. We allow hunting of must remove both blinds and decoys (see white-tailed deer and hog on designated § 27.93 of this chapter) by 12 p.m. (noon). areas of the refuge in accordance with State 3. We only allow dogs to locate, point, and regulations subject to the following condi- retrieve when hunting for migratory game tions: birds. 1. For archery hunting of deer and hogs, 4. Hunters must possess and carry a valid conditions A4 through A13 apply. For A11 refuge hunt permit. each adult may supervise no more than one 5. We only allow hunting on those portions youth hunter during big game hunting. of the refuge that lie northwest of Main Pass 2. We allow archery deer hunting October 1 and south of Raphael Pass. through 31 (either sex) and from the day 6. You may only possess approved nontoxic after the close of the State duck season shot while hunting on the refuge (see through the end of the State deer archery § 32.2(k)). We prohibit possession of buckshot, season. slugs, rifles, or rifle ammunition. 3. Hunters must only use portable stands 7. We prohibit air-thrust boats, motorized for archery deer hunting. pirogues, mud boats, and air-cooled propul- 4. We prohibit dogs and driving of deer for sion engines on the refuge. archery deer hunting. 8. We close all refuge lands between Raph- 5. You may only take hog with archery ael Pass and Main Pass to all entry during equipment. the State waterfowl hunting season. 6. We prohibit possession or distribution of 9. We prohibit discharge of firearms (see bait or hunting with the aid of bait, includ- § 27.42 of this chapter) within 250 yards (225 ing any grain, salt, minerals or other feed or m) of buildings or worksites, such as oil or any nonnaturally occurring attractant on gas production facilities. the refuge (see § 32.2(h)). 10. We allow primitive camping year-round D. Sport Fishing. We allow recreational in designated areas (see refuge map). No per- fishing and crabbing on designated areas of son or party will remain camped, nor will the refuge in accordance with State regula- any campsite remain established, in excess tions subject to the following conditions: of 14 consecutive days. 1. We only allow recreational fishing and 11. Youth hunters under age 16 must suc- crabbing from legal sunrise to legal sunset. cessfully complete a State-approved hunter 2. We prohibit all commercial finfishing education course. While hunting, each youth and shellfishing. must possess and carry a card or certificate 3. We prohibit the use of trotlines, of completion. Each youth hunter must re- limblines, slat traps, jug lines, nets, or alli- main within sight and normal voice contact gator lines. of an adult age 21 or older. Each adult must 4. Condition A8, A11, and A13 (fishing possess and carry a refuge permit and may guide) applies. supervise no more than two youth hunters 5. We prohibit the taking of turtle (see during waterfowl hunts. § 27.21 of this chapter). 12. We prohibit any person or group to act as a hunting guide, outfitter, or in any other GRAND COTE NATIONAL WILDLIFE REFUGE capacity that any other individual(s) pays or A. Migratory Game Bird Hunting. We allow promises to pay directly or indirectly for hunting of duck, goose, coot, mourning dove, services rendered to any other person or per- and woodcock on designated areas of the ref- sons hunting on the refuge, regardless of uge on designated areas (shown on the refuge weather such payment is for guiding, outfit- hunting brochure map) in accordance with ting, lodging, or club membership. State regulations subject to the following 13. We open the refuge from 1⁄2 hour before conditions: legal sunrise to 1⁄2 hour after legal sunset, 1. We require hunters and anglers age 16 with the exception that hunters may enter and older to purchase and carry a signed ref- the refuge earlier, but not before 4 a.m. Con- uge special recreational activity permit. dition A10 applies. 2. Hunters must fill out a free daily B. Upland Game Hunting. We allow hunting ‘‘check-in’’ and ‘‘check out’’ refuge hunting of rabbit on designated areas of the refuge in permit obtained at designated check stations

272

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

and must properly display the associated 22. We only allow dogs to locate, point, and windshield permit while in parking lots. retrieve when hunting for migratory game 3. The refuge opens at 4 a.m. and closes 1 birds. hour after legal sunset. 23. There will be space-blind waterfowl 4. Youth hunters under age 16 must suc- hunts on designated sections of the refuge cessfully complete a State-approved hunter during the regular State waterfowl season education course. While hunting, each youth (see refuge brochure for details). Hunt dates must possess and carry a card or certificate will be Wednesdays and Saturdays until 12 of completion. Each youth hunter must re- p.m. (noon). There will be a random drawing main within sight and normal voice contact on each hunt day to select participants. The of an adult age 21 or older. Each adult may drawing for each hunt day will be approxi- supervise no more than two youth hunters mately 2 hours before legal sunrise. We will during waterfowl hunts. limit blinds to three persons. We will set 5. You may only enter and exit the refuge hunt dates in September, subject to water from designated parking lots. availability, after the State sets the season. 6. We prohibit camping or parking over- 24. There will youth-only lottery waterfowl night on the refuge. hunts on designated sections of the refuge 7. We prohibit discharge of firearms (see during the regular State waterfowl season § 27.42 of this chapter) except when hunting. (see refuge brochure for details). We will de- 8. We prohibit marking of trails with non- termine hunt dates after the State sets the biodegradable flagging tape. waterfowl season and limit the hunts to no 9. We allow use of ATVs on designated more than five per season. We will accept ap- trails (see § 27.31 of this chapter) from the plications from November 1 through Novem- first Saturday in September to the last day ber 21. We will notify successful applicants of the State rabbit season. An ATV is an off- by mail. road vehicle with factory specifications not to exceed the following: weight 750 pounds 25. There may be special youth, women, (337.5 kg), length 85 inches (212.5 cm), and and disabled hunter dove hunts (subject to width 48 inches (120 cm). We restrict ATV cropland availability) during the regular tires to those no larger than 25×12 with a State dove season (see refuge brochure for maximum 1 inch (2.5 cm) lug height and a details). We will determine hunt dates after maximum allowable tire pressure of 7 psi as the State sets the season. We will determine indicated on the tire by the manufacturer. the number of hunt days and participants by 10. We prohibit horses and mules. location of available cropland. We will ac- 11. We prohibit hunting within 150 feet (45 cept applications from July 1 through July m) of any public road, refuge road, trail or 31, and we may only select individuals for ATV trail, building, residence, above-ground one hunt date. We will notify successful ap- oil or gas or electrical transmission facili- plicants by mail. ties, or designated public facility. 26. Individuals utilizing the refuge are sub- 12. We prohibit transport of loaded weap- ject to inspections of permits, licenses, hunt- ons on an ATV (see § 27.42(b) of this chapter). ing equipment, bag limits, and boats and ve- 13. We prohibit blocking of gates or trails hicles by law enforcement officers. (see § 27.31(h) of this chapter) with vehicles or 27. We allow nonmotorized or electric-pow- ATVs. ered boats only. 14. We prohibit ATVs on trails/roads (see 28. We prohibit the possession of saws, saw § 27.31 of this chapter) not specifically des- blades, or machetes. ignated by signs for ATV use. 29. We prohibit trapping. 15. We only allow nonmotorized boats. B. Upland Game Hunting. We allow hunting 16. We allow incidental take of raccoon, of rabbit on designated areas of the refuge as feral hog, beaver, nutria, and coyote while shown on the refuge hunting brochure map you are hunting migratory birds, upland in accordance with State regulations subject game, or big game, with weapons legal for to the following conditions: that hunt only. 1. Conditions A1 through A16, A20, and A26 17. We only allow waterfowl (duck, goose, apply. coot) hunting on Wednesdays and Saturdays 2. We allow rabbit hunting from December until 12 p.m. (noon) during the Statewide 1 until the end of the Statewide season. duck season. 18. We only allow the use of shotguns while 3. We only allow use of shotguns during waterfowl hunting. designated hunts. 19. We prohibit the construction or use of 4. We only allow rabbit dogs after the close permanent blinds. of the State deer rifle season. 20. You must remove all decoys, portable 5. We require the owner’s name and phone blinds, and boats (see § 27.93 of this chapter) number on the collars of all dogs. daily. 6. You may only possess approved nontoxic 21. We only allow incidental take of shot (see § 32.2(k)) for upland game hunting. mourning dove while migratory bird hunting This requirement only applies to the use of on days open to waterfowl hunting. shotgun ammunition.

273

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

7. We allow the use of .22 caliber or less 11. You must remove all crawfishing gear rimfire rifles and 12 gauge or higher shot- (see § 27.93 of this chapter) from refuge prop- guns to hunt upland game. erty after each day’s visit. C. Big Game Hunting. We allow hunting of 12. We prohibit possession of cleaned or white-tailed deer on designated areas of the processed fish on the refuge. refuge as shown on the refuge hunting bro- 13. We prohibit the harvest of frogs or tur- chure map in accordance with State regula- tles (see § 27.21 of this chapter). tions subject to the following conditions: 14. We only allow bank fishing in Coulee 1. Conditions A1 through A16, A20, and A26 des Grues along Little California Road. apply. 15. We prohibit launching boats, put or 2. We allow archery-only deer hunting on placed, in Coulee des Grues from refuge prop- certain sections of the refuge from October 1 erty. through November 30 (see refuge brochure for details). LACASSINE NATIONAL WILDLIFE REFUGE 3. We allow only portable deer stands (see A. Migratory Game Bird Hunting. We allow §§ 27.93 and 27.94 of this chapter). Deer stands hunting of goose, duck, gallinule, and coot must have the owner’s name, address, and on designated areas of the refuge in accord- phone number clearly printed on the stand. ance with State regulations subject to the 4. We prohibit hunters to drive deer or to following conditions: use pursuit dogs. We prohibit the use of dogs 1. Hunters must possess and carry a refuge to trail wounded deer or hogs. hunting permit. 5. We only allow archery equipment during 2. We only allow hunting on designated designated seasons. areas of the refuge. These areas include the 6. We require hunters to complete and pos- marshes south of the Intracoastal Waterway sess and carry proof of completion of the and the area east of the Lacassine Bayou ex- International Bowhunters’ Safety Course. cluding Unit B (lottery hunt area west of 7. You may kill one deer of either sex per Streeter Road), Unit F, and the headquarters day during the deer season. area along Streeter Road (see refuge map). 8. Youth hunters under age 16 must suc- 3. We allow hunting Wednesdays through cessfully complete a State-approved hunter Sundays of the State teal and duck seasons education course. While hunting, each youth (Western Zone). We close the refuge to hunt- must possess and carry a card or certificate ing during the ‘‘goose only’’ waterfowl sea- of completion. Each youth hunter must re- son. State daily and season harvest limits main within sight and normal voice contact apply. of an adult age 21 or older. Each adult may 4. We prohibit entering the hunting area supervise no more than two youth hunters. earlier than 4 a.m., and shooting hours end 9. We prohibit driving or screwing nails, at 12 p.m. (noon) each day. spikes, or other metal objects into trees or 5. We only allow firearms (see § 27.42 of this hunting from any tree into which such an chapter) legal for waterfowl hunting in the object has been driven (see § 32.2(i)). refuge hunting area. D. Sport Fishing. We allow fishing and sea- 6. We prohibit all boat motors, including sonal take of crawfish in designated waters trolling motors, in refuge marshes. We proof the refuge as shown on the crawfish per- hibit air-thrust boats and ATVs on the ref- mit map in accordance with State regula- uge (see § 27.31(f) of this chapter). tions subject to the following conditions: 7. We prohibit hunting closer than 150 feet 1. Conditions A11, A26, C7, and C8 apply. (45 m) to a canal or waterway, and hunting 2. We only allow fishing in Coulee Des parties must maintain a distance of no less Grues along Little California Road. than 150 yards (135 m) apart. 3. We only allow fishing with pole and line. 8. Youth hunters under age 16 must suc- 4. We prohibit leaving parking areas to fish cessfully complete a State-approved hunter until legal sunrise. education course. While hunting, each youth 5. We allow fishing and crawfishing from must possess and carry a card or certificate legal sunrise to legal sunset. of completion. Each youth hunter must re- 6. We allow crawfishing from April 1 main within sight and normal voice contact through July 31, subject to available water of an adult age 21 or older. Each adult must in designated areas as depicted on the craw- possess and carry a refuge permit and may fish permit map available at refuge head- supervise no more than two youth hunters quarters. during waterfowl hunts. 7. We require anglers to take crawfish 9. You must remove all hunting-related using pyramid nets with webbing made of equipment (see § 27.93 of this chapter) imme- cotton or nylon. We prohibit wire traps. diately following each day’s hunt. 8. You may harvest 100 lbs. (45 kg) of craw- 10. Only selected lottery hunt applicants fish per person per day. may hunt on the designated lottery hunt 9. We prohibit sale of crawfish taken from area (Unit B) of the refuge. We designate the refuge. hunt days on the lottery hunt for seniors and 10. We prohibit glass containers on the ref- youth of the second split of the State duck uge. season (Western Zone). You must contact the

274

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

refuge office concerning the application 8. You must only launch trailered boats at process. the cement ramps at the public boat 11. We prohibit overnight camping on the launches in Lacassine Pool. refuge. 9. We only allow boats powered by paddling 12. We prohibit possession of alcohol in the or trolling motors in the Unit D impound- hunt areas during the hunting season. ment within Lacassine Pool. B. Upland Game Hunting. [Reserved] 10. We prohibit motors in the refuge C. Big Game Hunting. We allow hunting of marshes outside of Lacassine Pool. white-tailed deer on designated areas of the 11. We only allow fishing with rod and reel refuge in accordance with State regulations or pole and line on refuge waters. subject to the following conditions: 12. We prohibit the taking of turtle (see 1. Conditions A1, A6, A8 (each adult may § 27.21 of this chapter). supervise no more than one youth hunter during big game hunts), A9, A11, and A12 LAKE OPHELIA NATIONAL WILDLIFE REFUGE apply. 2. We only allow archery hunting for A. Migratory Game Bird Hunting. We allow white-tailed deer from October 1 through Oc- hunting of duck, goose, coot, woodcock, tober 31. snipe, and mourning dove on designated 3. We prohibit entrance to the hunting area areas of the refuge, as shown in the refuge earlier than 4 a.m. Hunters must leave no hunting brochure map, in accordance with later than 1 hour after legal sunset. State regulations subject to the following 4. Each bowhunter must possess and carry conditions: a Bowhunter Education Certificate indi- 1. We require hunters and anglers age 16 cating completion of the State bowhunter and older to purchase and carry a signed ref- safety class. uge special recreational activity permit. 5. The daily bag limit is one deer per day 2. Hunters must fill out a free daily (either sex). The State season limits apply. ‘‘check-in’’ and ‘‘check out’’ refuge hunting 6. We prohibit hunting in the headquarters permit obtained at designated check stations area along Nature Road and along the and must properly display associated wind- Lacassine Pool Wildlife Drive (see refuge shield permit while in the parking lots. map). 3. The refuge opens at 4 a.m. and closes 1 7. We only allow boats with motors of 25 hp hour after legal sunset. or less in Lacassine Pool. 4. Youth hunters under age 16 must suc- 8. We prohibit boats in Lacassine Pool and cessfully complete a State-approved hunter Unit D from October 16 through March 14. We education course. While hunting, each youth prohibit boats in Units A and C. must possess and carry a card or certificate 9. We allow only foot access to the Unit F of completion. Each youth hunter must re- area. main within sight and normal voice contact 10. We prohibit firearms while deer hunting of an adult age 21 or older. Each adult may or scouting. supervise no more than two youth hunters 11. We allow the use of crossbows for hunt- during waterfowl hunts. ers age 60 or older, or hunters with a State 5. You may only enter and exit the refuge handicapped crossbow permit. from designated parking lots. 12. We prohibit possession or distribution 6. We prohibit camping or parking over- of bait or hunting with the aid of bait, in- night on the refuge. cluding any grain, salt, minerals, or other 7. We prohibit marking of trails with non- feed on any nonnaturally occurring attract- biodegradable flagging tape. ant on the refuge (see § 32.2(h)). D. Sport Fishing. We allow fishing on des- 8. We allow use of ATVs on designated ignated areas of the refuge in accordance trails (see § 27.31 of this chapter) from the with State regulations subject to the fol- first Saturday in September until the last lowing conditions: day of refuge turkey season. We define ATV 1. Conditions A11, C7, and C8 apply. as an off-road vehicle with factory specifica- 2. We allow fishing March 15 through Octo- tions not to exceed the following: weight 750 ber 15. lbs. (337.5 kg), length 85 inches (212.5 cm), and 3. You may enter the refuge 1 hour before width-48 inches (120 cm). We restrict ATV legal sunrise, and you must leave 1 hour tires to those no larger than 25×12 with a after legal sunset. maximum 1 inch (2.5 cm) lug height and a 4. We prohibit fishing in the headquarters maximum allowable tire pressure of 7 psi display pond. (3.15 kg) as indicated on the tire by the man- 5. We prohibit bank fishing on the ufacturer. Lacassine Pool Wildlife Drive. 9. We prohibit horses or mules. 6. We prohibit air-thrust boats, ATVs, and 10. We prohibit hunting within 150 feet (45 Jet Skis on the refuge (see § 27.31(f) of this m) of any designated road, ATV or hiking chapter). trail, or refuge facility. 7. We prohibit dragging or driving of boats 11. We prohibit transport of loaded weap- over levees. ons on an ATV (see § 27.42(b) of this chapter).

275

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

12. We prohibit blocking of gates or trails State regulations subject to the following (see § 27.31(h) of this chapter) with vehicles or conditions: ATVs. 1. Conditions A1 through A3, A5 through 13. We prohibit all other hunting during A16, A19, and A22 apply. special youth and muzzleloader-quota deer 2. We require hunters to permanently at- hunts. tach their name, address, and phone number 14. We allow incidental take of raccoon, to the deer stand. feral hog, beaver, nutria, and coyote while 3. We allow archery hunting from Novem- migratory bird hunting, upland game hunt- ber 15 through January 1 and January 23 to ing, and big game hunting with weapons the end of the State archery season except legal for that hunt. during the youth and muzzleloader deer 15. We allow motors up to 25 hp in Possum hunts when we prohibit archery hunting. Bayou (north of Boat Ramp), Palmetto 4. We allow archery deer hunting in Hunt Bayou, Westcut Lake, Pt. Basse, and Nich- Units 1B and 2B from November 15 through olas Lake. December 15. 16. We allow electric-powered or non- 5. We allow youth deer hunting in all units motorized boats in Dooms Lake, Lake Long, during the State youth deer season. and Possum Bayou (south of Boat Ramp). 6. We allow only portable deer stands. 17. We only allow waterfowl (duck, goose, Hunters may erect deer stands 2 days before coot) hunting on Tuesdays, Thursdays, Sat- the beginning of the refuge archery season and must remove them the last day of the urdays, and Sundays until 12 p.m. (noon) dur- State archery season. ing the Statewide duck season. 7. We prohibit the use of organized drives 18. We only allow the use of shotguns while for taking or attempting to take game or waterfowl hunting. using pursuit dogs. 19. You must remove all decoys, portable 8. We only allow archery equipment during blinds, and boats (see § 27.93 of this chapter) designated seasons. daily. 9. Hunters must complete, possess, and 20. We only allow dogs to locate, point, and carry proof of completion of the Inter- retrieve when hunting for migratory game national Bowhunters’ Safety Course. birds. 10. We prohibit the use of dogs to trail 21. We will allow incidental take of mourn- wounded deer. ing dove while migratory bird hunting on 11. We allow electric-powered or non- days open to waterfowl hunting. motorized boats in Lake Ophelia from No- 22. Persons using the refuge are subject to vember 1 through December 15. inspections of permits, licenses, hunting 12. You may kill one deer of either sex per equipment, bag limits, boats, and vehicles by day during the first refuge archery season, law enforcement officers. and you may kill antlered bucks only during 23. We prohibit trapping. the second refuge archery season. B. Upland Game Hunting. We allow hunting 13. We require a minimum of 400 square of squirrel and rabbit on designated areas of inches (2,600 cm2) of unbroken hunter orange the refuge as shown on the refuge hunting as the outermost layer of clothing on the brochure map in accordance with State regu- chest and back, and in addition we require a lations subject to the following conditions: hat or cap of unbroken hunter orange during 1. Conditions A1 through A16, A19, and A22 all deer gun hunts and the quota apply. muzzleloaders deer hunts. 2. We allow squirrel and rabbit hunting in 14. Youth hunters under age 16 must suc- Hunt Unit 2B from the opening of the State cessfully complete a State-approved hunter season through December 15. education course. While hunting, each youth 3. We only allow squirrel and rabbit dogs must possess and carry a card or certificate after the close of the State deer rifle season. of completion. Each youth hunter must re- We allow no more than two dogs per hunting main within sight and normal voice contact party. of an adult age 21 or older. Each adult may 4. Dog owners must place their name and only supervise one youth hunter during big phone number on the collars of all their game hunts. dogs. 15. There will be three lottery muzzle- 5. You may only possess approved nontoxic loader hunts (see refuge brochure for de- shot (see § 32.2(k)) for upland game hunting. tails). We will set hunt dates in July, and we This requirement only applies to the use of will accept applications from August 1 shotgun ammunition. through August 31. Applicants may NOT 6. We allow the use of .22 caliber or less apply for more than one hunt. There is a $5 rimfire rifles and 12 gauge or higher shot- nonrefundable application fee per person for guns to hunt upland game. each hunt application and a $15 per person C. Big Game Hunting. We allow hunting of permit for each successful applicant. We will white-tailed deer and turkey on designated notify successful applicants by September 15. areas of the refuge as shown on the refuge 16. There will be two lottery deer hunts for hunting brochure map in accordance with youth ages 12 to 15 (see refuge brochure for

276

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

details). We will set hunt dates in July, and to possess and carry a State Hunter Safety we will accept applications from November 1 Course certificate. through November 21. We will provide blinds. 4. All hunters must check-in and check out We will require successful applicants to pass at a refuge self-clearing check station. Each a shooting proficiency test in order to qual- hunter must list their name and certificate ify for the hunt. We will notify successful ap- number on the self-clearing check station plicants by mail. form and deposit the form at a refuge self- 17. We prohibit driving or screwing nails, clearing check station prior to hunting. spikes, or other metal objects into trees or Hunters must report all game taken on the hunting from any tree in which such an ob- refuge when checking out by using the self- ject has been driven (see § 32.2(i)). clearing check station form. D. Sport Fishing. We allow fishing in des- 5. We allow no more than three hunters to ignated areas as described in the refuge hunt from a blind at one time. hunting brochure in accordance with State 6. We prohibit firearms (see § 27.42 of this regulations subject to the following condi- chapter) other than those used to take mi- tions: gratory game birds in boats or in the posses- 1. Conditions A1, A3, A5 through A9, A17, sion of migratory game bird hunters. A19 (remove boats [see § 27.93 of this chap- 7. We prohibit air-thrust boats or marsh ter]) and A22 apply. buggies on the refuge. We restrict motorized 2. We allow sport fishing in Duck Lake, boat use to existing canals, ditches, Westcut Lake, Possum Bayou, Lake Long, trenasses, and ponds. and the immediate vicinity of the Lake St. B. Upland Game Hunting. [Reserved] Agnes drainage culverts on the Red River. C. Big Game Hunting. We allow the hunting 3. We prohibit the use of gear or equipment of white-tailed deer and feral hog on des- other than hook and line to catch bait fish. ignated areas of the refuge in accordance 4. We allow fishing from March 1 through with State regulations subject to the fol- October 15 from legal sunrise to legal sunset. 5. You must attend yo-yos (within sight) at lowing conditions: all times. 1. We open the refuge to hunting of deer 6. We prohibit possession of largemouth and hog during the State deer season, except bass less than 14 inches long (35 cm) and prior to 12 p.m. (noon) on Wednesdays and black and white crappie less than 10 inches Saturdays during State waterfowl seasons, long (25 cm). when we close areas north of the Intra- 7. We prohibit cleaned or processed fish on Coastal Waterway to hunting of big game. the refuge. 2. Hunters may only enter the refuge after 8. We allow use of ATVs on the Duck Lake 4 a.m. and must exit by 1 hour after legal ATV trail from March 15 through October 15. sunset. 9. We prohibit the harvest of frogs or tur- 3. You may take big game with archery tles (see § 27.21 of this chapter). equipment and in accordance with State law. 10. We prohibit crawfishing. You may only take one deer of either sex per day, and hunters may only possess one deer. MANDALAY NATIONAL WILDLIFE REFUGE The State season limits on deer apply. There A. Migratory Game Bird Hunting. We allow is no daily or possession limit on the number hunting of migratory game birds in des- of feral hogs. ignated areas of the refuge in accordance 4. All hunters must possess and carry proof with State regulations subject to the fol- of completion of the International Bow- lowing conditions: hunters’ Education Program when hunting. 1. We allow hunting of migratory game 5. We prohibit possession or distribution of birds on Wednesdays and Saturdays until 12 bait or hunting with the aid of bait, includ- p.m. (noon). Hunters may only enter the ref- ing any grain, salt, minerals or other feed, or uge after 4 a.m. any nonnaturally occurring attractant on 2. Prior to hunting, we must assign a ref- the refuge (see § 32.2(h)). uge blind and issue a refuge lottery water- 6. Condition A7 applies. fowl permit to any person entering, using, or D. Sport Fishing. We allow fishing in all ref- occupying the refuge for hunting migratory uge waters in accordance with State regula- game birds. You may only hunt from your tions subject to the following conditions: assigned blind. 1. We only allow recreational fishing. We 3. Youth hunters under age 16 must suc- prohibit commercial fishing on the refuge. cessfully complete a State-approved hunter 2. We prohibit the use of unattended nets, education course. While hunting, each youth traps, or lines (trot, jog, bush, etc.). must possess and carry a card or certificate 3. We only allow fishing in refuge canals of completion. Each youth hunter must re- during the period of October 1 to January 31. main within sight and normal voice contact 4. We close the refuge to any nighttime ac- of an adult age 21 or older. Each adult can tivities unless specifically stated. supervise no more than two refuge-permitted 5. Condition A7 applies. youth hunters. We require all adult super- 6. We prohibit the taking of turtle (see visors and hunters of migratory game birds § 27.21 of this chapter).

277

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

RED RIVER NATIONAL WILDLIFE REFUGE 4. We allow hunting of raccoon and opossum during the daylight hours of rabbit and A. Migratory Game Bird Hunting. We allow squirrel season. We allow night hunting dur- hunting of duck, goose, coot, woodcock, and ing December and January, and you may use dove on designated areas of the refuge in ac- dogs for night hunting. We prohibit selling of cordance with State regulations subject to raccoon and opossum taken on the refuge for the following conditions: human consumption. 1. Hunters must possess and carry a signed 5. We allow use of dogs to hunt squirrel and refuge permit. rabbit after the last refuge Gun Deer Hunt. 2. We allow waterfowl and woodcock hunt- 6. If you want to use horses and mules to ing on all refuge lands except the areas with- hunt raccoon and opossum at night, you in the Headquarters Focus Area in Bossier must first obtain a special permit at the ref- Parish and north of Interstate 49 within the uge office. Spanish Lake Focus Area in Natchitoches 7. Hunters may enter the refuge no earlier Parish. than 3 a.m. and no later than 2 hours after 3. We only allow dove hunting during the legal shooting hours. first 3 days of the State season on all refuge 8. Youth hunters age 15 and under must lands except the areas within the Head- successfully complete a State-approved quarters Focus Area in Bossier Parish and hunter education course. While hunting, north of Interstate 49 within the Spanish each youth must possess and carry a card or Lake Focus Area in Natchitoches Parish. certificate of completion. Each youth hunter 4. We allow waterfowl hunting until 12 p.m. must remain within sight and normal voice (noon) during the State season. contact of an adult age 21 or older. Each 5. Hunters may enter the refuge no earlier adult can supervise no more than one youth than 3 a.m. hunter. 6. We prohibit hunting within 150 feet (45 C. Big Game Hunting. We allow hunting of m) of any public road, refuge road, trail or white-tailed deer on designated areas of the ATV trail, residence, building, aboveground refuge in accordance with State regulations oil or gas or electrical transmission facili- subject to the following conditions: ties, or designated public facility. 1. Conditions A1, A7, A8, and B7 apply. 7. We prohibit leaving boats, blinds, and 2. We only allow archery hunting. decoys unattended. 3. We allow deer hunting on all refuge 8. We only allow dogs to locate, point, and lands except the areas within the Head- retrieve when hunting for migratory game quarters Focus Area in Bossier Parish and birds. north of Interstate 49 within the Spanish 9. Youth hunters age 15 and under must Lake Focus Area in Natchitoches Parish. successfully complete a State-approved 4. The daily bag limit is one deer of either hunter education course. While hunting, sex. The State season limit applies. each youth must possess and carry a card or 5. Archery hunters must possess and carry certificate of completion. Each youth hunter proof of completion of the International must remain within sight and normal voice Bowhunters’ Education Program. contact of an adult age 21 or older. Each 6. We prohibit leaving deer stands, blinds, adult can supervise no more than two youth and other equipment unattended. hunters. 7. We prohibit hunters placing stands or 10. We prohibit any person or group to act hunting from stands on pine trees with white as a hunting guide, outfitter, or in any other painted bands/rings. capacity that any other individual(s) pays or 8. Youth hunters age 15 and under must promises to pay directly or indirectly for successfully complete a State-approved services rendered to any other person or per- hunter education course. While hunting, sons hunting on the refuge, regardless of each youth must possess and carry a card or whether such payment is for guiding, outfit- certificate of completion. Each youth hunter ting, lodging, or club membership. must remain within sight and normal voice B. Upland Game Hunting. We allow hunting contact of an adult age 21 or older. Each of quail, squirrel, rabbit, raccoon, and opos- adult can supervise no more than one youth sum on designated areas of the refuge in ac- hunter. cordance with State regulations subject to D. Sport Fishing. We allow fishing on des- the following conditions: ignated areas of the refuge in accordance 1. Conditions A1, A7, and A8 apply. with State regulations subject to the fol- 2. We allow hunting on all refuge lands ex- lowing conditions: cept the areas within the Headquarters 1. We prohibit leaving boats and other per- Focus Area in Bossier Parish and north of sonal property on the refuge unattended. Interstate 49 within the Spanish Lakes 2. We prohibit boat launching with motors Focus Area in Natchitoches Parish. greater than 50 hp on all refuge waters. 3. We prohibit the possession of firearms 3. You must tend trotlines daily. You must (see § 27.42 of this chapter) larger than .22 attach ends of trotlines by a length of cotton caliber rimfire, shotgun slugs, and buckshot. line that extends into the water.

278

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

4. We prohibit commercial fishing. Rec- 12. We prohibit hunting within 300 feet (90 reational fishing using commercial gear (slat m) of another hunter or within 150 feet (45 m) traps, etc.) requires a special refuge permit of refuge canals, public roads, buildings, (that you must possess and carry) available above-ground oil or gas or electrical trans- at the refuge office. mission facilities, or designated public facil- 5. We prohibit the taking of alligator snap- ity. ping turtle (see § 27.21 of this chapter). 13. You must only use portable blinds and those made of native vegetation. You must SABINE NATIONAL WILDLIFE REFUGE remove portable blinds, decoys, spent shells, A. Migratory Game Bird Hunting. We allow and all other personal equipment (see §§ 27.93 hunting of duck, goose (except Canada and 27.94 of this chapter) each day. goose), and coot on areas designated by signs 14. We only allow dogs to locate, point, and stating ‘‘Waterfowl Hunting Only’’ and delin- retrieve when hunting for migratory game eated on the refuge regulations and permit birds. brochure map in accordance with State regu- 15. We require you to complete and return lations subject to the following conditions: a waterfowl harvest data form to the check 1. We require all hunters to possess and station or designated drop box after each carry a signed refuge permit. hunt. 2. We only allow waterfowl hunting on 16. We prohibit any person or group to act Wednesdays, Saturdays, and Sundays during as a hunting guide, outfitter, or in any other the special teal season and during the reg- capacity that any other individual(s) pays or ular waterfowl season. promises to pay directly or indirectly for 3. We only allow hunters to enter the ref- services rendered to any other person or per- uge and launch boats after 3 a.m. All partici- sons hunting on the refuge, regardless of pants must be out of the refuge hunt areas whether such payment is for guiding, outfit- and back at West Cove Public Use Area by 12 ting, lodging, or club membership. p.m. (noon). 17. We prohibit all-terrain vehicles (ATVs) 4. We prohibit hunting on Christmas Day (see § 27.31(f) of this chapter). or New Year’s Day should these days fall on B. Upland Game Hunting. [Reserved] a designated hunt day. C. Big Game Hunting. [Reserved] 5. Youth hunters age 17 and under must D. Sport Fishing. We allow fishing, crab- successfully complete a State-approved bing, and cast netting in designated areas of hunter education course. While hunting, the refuge in accordance with State regula- each youth must possess and carry a card or tions subject to the following conditions: certificate of completion. Each youth hunter 1. Bank and wharf access for fishing are must remain within sight and normal voice available year-round at the Public Use Areas contact of an adult age 21 or older. Each along State Highway 27. You may only ac- adult may supervise no more than two ref- cess the refuge by boat during the March 15 uge-permitted youth hunters. to October 15 open period. 6. We prohibit nonhunters entering the ref- 2. We allow use of rod and reel, pole and uge hunt areas, with the exception of youth line, or jug and line. We prohibit the use or age 15 or under experiencing the hunt with possession of any other type of fishing gear, their parent or guardian. including limb lines, gill nets, or trot lines. 7. You may access the hunt areas via the We limit jug and line to 10 per boat, and you boat launches at the West Cove Public Use must attend them at all times. You must Area, by vehicle on Vastar Road, and at des- mark all jugs with the attendant’s fishing li- ignated turnouts within the refuge public cense number and remove them (see § 27.93 of hunt area along State Highway 27 (see § 27.31 this chapter) from the refuge daily. of this chapter). We prohibit refuge entrance 3. You must only launch boats with motors through adjacent private property or using at the designated boat ramps at the Hog Is- the refuge to access private property or land Gully and West Cove Public Use Areas. leases. 4. You must launch nonmotorized boats at 8. We only allow launching of boats on the 1A–1B Public Use Area. trailers at West Cove Public Use Area. We 5. We only allow operation of outboard mo- allow hand launching of small boats along tors in designated refuge canals, Old North Vastar Road (no trailers permitted). Bayou, and Management Unit 3 (40 hp max- 9. We prohibit dragging boats across the imum in Unit 3). We allow trolling motors levee. within the refuge marshes. 10. We only allow operation of outboard 6. Conditions A9, A11, A16 (fishing guide), motors in designated refuge canals and Old and A17 apply. North Bayou. We allow trolling motors with- 7. Crabbing: We allow crabbing in des- in the refuge marshes. ignated areas of the refuge subject to the fol- 11. We prohibit air-thrust boats, personal lowing conditions: motorized watercraft (e.g., Jet Skis), or i. You must only take crabs with cotton boats with air-cooled propulsion engines (Go- hand lines or drop nets with up to 24″ (60 cm) Devil-type motors). outside diameter.

279

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

ii. You must remove all hand lines, drop fields, marked on the Public Use Regulations nets, and bait (see § 27.93 of this chapter) brochure map, to migratory bird hunting. from the refuge upon leaving. You may obtain the Public Use Regulations iii. We allow a daily limit on crabs of 5 brochure at the refuge headquarters in July. dozen (60) per vehicle or boat. 5. We prohibit shooting to unload guns or 8. Cast Netting: We only allow cast netting muzzleloaders (see § 27.42(a) of this chapter) in designated areas of the refuge during the on the refuge at any time. Louisiana Inland Shrimp Season subject to 6. Hunters must remove all blind materials the following conditions: and decoys (see § 27.93 of this chapter) each i. We require each individual, regardless of day. age, to possess and carry a signed refuge 7. We allow nonmotorized boats, electric cast-netting permit. motors, and boats with motors 10 hp or less ii. An adult age 21 or older must directly in refuge lakes, streams, and bayous. We pro- supervise all youth hunters age 17 and under. hibit storage of boats on the refuge, and you iii. We only allow cast netting from 12 p.m. must remove them (see § 27.93 of this chap- (noon) to legal sunset. ter) daily. iv. If you use a cast net, it must not exceed 8. We require all waterfowl hunters to re- a 5 foot (1.5 m) hanging radius. port their game immediately after each hunt v. We only allow recreational cast netting at the check station nearest to the point of for shrimp. You must immediately return all take. fish, crabs, or other incidental take (by 9. We prohibit possession or distribution of catch) to the water before continuing to cast bait or hunting with the aid of bait, includ- net. vi. We allow a daily shrimp limit of 5 gal- ing any grain, salt, minerals or other feed, or lons (19 L) of heads-on shrimp per day, per any nonnaturally occurring attractant on vehicle, or per boat. the refuge (see § 32.2(h)). vii. Shrimp must remain in your actual 10. We allow all-terrain vehicle travel on custody while on the refuge. designated trails (see § 27.31 of this chapter) viii. You must cast net from the bank and for access typically from September 15 to the wharves at Northline, Hog Island Gully, and last day of the State squirrel season. We 1A–1B Public Use Areas or at sites along open designated trails from 4 a.m. until no Hwy. 27 that provide safe access and that we later than 2 hours after legal sunset unless do not post and sign as closed areas. otherwise specified. We define an ATV as an ix. We prohibit cast netting at or around off-road vehicle (not legal for highway use) the West Cove Public Use Area or on or with factory specifications not to exceed the around any boat launch. following: weight 750 pounds (337.5 kg), x. You may cast net from a boat through- length 85 inches (212.5 cm), and width 48 out the refuge except where posted and inches (120 cm). We restrict ATV tires to signed as closed. those no larger than 25×12 with a maximum xi. We prohibit reserving a place or saving 1 inch (2.5 cm) lug height and a maximum al- a space for yourself or others by any means lowable tire pressure of 7 psi as indicated on to include placing unattended equipment in the tire by the manufacturer. We require an designated cast-netting areas. affixed refuge all-terrain vehicle permit ob- xii. We prohibit swimming in the refuge tained from the refuge headquarters (typi- canals or wading into canals to cast net. cally in July). Disabled hunters using the 9. We prohibit the taking of turtle (see refuge handicapped all-terrain trails must § 27.21 of this chapter). possess and carry the State’s Disabled Hunter Permit. Additional handicapped or TENSAS RIVER NATIONAL WILDLIFE REFUGE disabled access information will be available A. Migratory Game Bird Hunting. We allow at the refuge headquarters. hunting of duck, coot, woodcock, and snipe 11. We prohibit hunting within 150 feet (45 on designated areas of the refuge in accord- m) of any public road, refuge road, trail or ance with State regulations subject to the ATV trail, building, residence, above-ground following conditions: oil or gas or electrical transmission facili- 1. We allow hunting of duck and coot on ties, or designated public facility. Tuesdays, Thursdays, Saturdays, and Sun- 12. We prohibit use and possession of any days until 12 p.m. (noon) during the State type of trail-marking material. season. We prohibit migratory bird hunting 13. We prohibit use of organized drives for during refuge gun hunts for deer. taking or attempting to take game. 2. We allow hunting of woodcock on des- 14. We require a refuge access permit for ignated areas of the refuge in accordance all migratory bird hunts. You may find per- with State regulations. mits on the front of the Public Use Regula- 3. We allow hunters to enter the refuge no tions brochure. earlier than 4 a.m. 15. Youth hunters under age 16 must suc- 4. In areas posted ‘‘Area Closed’’ or ‘‘No cessfully complete a State-approved hunter Hunting Zone,’’ we prohibit hunting of mi- education course. While hunting each youth gratory birds at any time. We also close open must possess and carry a card or certificate

280

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.37

of completion. Each youth hunter must re- 2. Deer muzzleloader season lasts 3 days, main within sight and normal voice contact on a Friday, Saturday, and Sunday between of an adult age 21 or older. Each adult can the two refuge modern firearms hunts. We supervise no more than two youth hunters allow in-line muzzleloaders and magnified during waterfowl hunts. scopes. B. Upland Game Hunting. We allow hunting 3. We will conduct two 2-day quota modern of raccoon, squirrel, and rabbit on designated firearms hunts for deer, typically in the areas of the refuge in accordance with State months of November and December. Hunt regulations subject to the following condi- dates and permit application procedures will tions: be available at refuge headquarters in July. 1. We allow raccoon hunting beginning Hunters may use a muzzleloader during this January 1 and typically ending the first hunt. week in February. We allow raccoon hunters 4. We will conduct a 2-day population con- to hunt from legal sunset to legal sunrise trol quota youth deer hunt in the Greenlea with the aid of dogs, horses, mules, and use Bend area typically in December. Hunt dates of lights. We only allow such use of lights on and permit application procedures will be the refuge at the point of kill. We prohibit available at the refuge headquarters in July. all other use of lights for hunting on the ref- 5. We will conduct a refugewide youth deer uge. Hunt dates will be available at refuge hunt the weekend before Thanksgiving Day. headquarters in July. We prohibit ATVs dur- Each participating youth hunter must be age ing the raccoon hunt. 8 to15 and supervised by an adult who is at 2. We allow squirrel and rabbit hunting least age 21. with and without dogs. We will allow hunt- 6. You may only take one deer per day during without dogs from the beginning of the ing refuge deer hunts. The State season limit State season and typically ending the day applies. before the refuge deer muzzleloader hunt. We 7. We allow turkey hunting the first 16 do not require wearing of hunter orange dur- days of the State turkey season. We will con- ing the squirrel and rabbit hunt without duct a youth turkey hunt the Saturday and dogs. Squirrel and rabbit hunting, with or Sunday before the regular State turkey sea- without dogs, will begin the day after the son. You may harvest two bearded turkeys refuge deer muzzleloader hunt and will con- per season. We allow the possession of lead clude the last day of the State squirrel sea- shot while turkey hunting on the refuge (see son. § 32.2(k)). You may use nonmotorized bicycles 3. We close squirrel and rabbit hunting dur- on designated all-terrain vehicle trails (see ing the following gun hunts for deer: § 27.31 of this chapter). refugewide youth hunt, muzzleloader hunt, 8. Conditions A5, A7, A8 (deer and turkey and modern firearms hunts. hunters), A9 through A14 (deer and turkey 4. We allow hunters to enter the refuge hunters), A15 (each adult can supervise no after 4 a.m., and they must depart no later more than one youth hunter during big game than 2 hours after legal sunset unless they hunts), and B4 apply. are participating in the refuge raccoon hunt. 9. In areas posted ‘‘Area Closed’’ or ‘‘No 5. Conditions A5, A7, A8 (all upland game Hunting Zone,’’ we prohibit big game hunt- hunters), A9, A10, A11, A12, A14 (upland game ing at all times. We close open fields, which hunts), and A15 (upland game hunts) apply. we mark on the Public Use Regulations bro- 6. In areas posted ‘‘Area Closed’’ or ‘‘No chure map, during the deer muzzleloader and Hunting Zone,’’ we prohibit upland game deer modern firearms hunts; but we open hunting at any time. those fields for deer archery hunting. We 7. We allow .22 caliber rimfire weapons for prohibit shooting into or across any open upland game. You may only possess approved field with a gun. nontoxic shot while on the refuge (see 10. We allow shotguns equipped with a sin- § 32.2(k)). This requirement only applies to gle piece magazine plug that allows the gun the use of shotgun ammunition. to hold no more than two shells in the maga- C. Big Game Hunting. We allow hunting of zine and one in the chamber. white-tailed deer and turkey on designated 11. We only allow shotgun hunters to use areas of the refuge in accordance with State rifled slugs when hunting deer. regulations subject to the following condi- 12. We prohibit possession of buckshot tions: while on the refuge. 1. Deer archery season will begin the first 13. You must remove all stands, blind ma- Saturday in November and will conclude on terials, and decoys from the refuge following the last day of the State archery season each day (see § 27.93 of this chapter). (typically January 31). We require that arch- 14. We require a minimum of 400 square ery hunters, including crossbow hunters, inches (2,600 cm2) of unbroken hunter orange possess and carry proof of completion of the as the outermost layer of clothing on the International Bowhunters Safety course. We chest and back, and in addition we require a prohibit archery hunting during the fol- hat or cap of unbroken hunter orange. You lowing: refuge and youth gun hunt, muzzle- must wear the solid hunter-orange items loader hunt, and modern firearms hunt. while in the field.

281

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.37 50 CFR Ch. I (10–1–06 Edition)

15. We prohibit possession or distribution 10. We only allow dogs to locate, point, and of bait or hunting with the aid of bait, in- retrieve when hunting for migratory game cluding any grain, salt, minerals or other birds. feed, or any nonnaturally occurring attract- 11. Youth hunters under age 16 must suc- ant on the refuge (see § 32.2(h)). cessfully complete a State-approved hunter D. Sport Fishing. We allow fishing on des- education course. While hunting, each youth ignated areas of the refuge in accordance must possess and carry a card or certificate with State regulations subject to the fol- of completion. Each youth hunter must re- lowing conditions: main within sight and normal voice contact 1. We allow trotlines attached with a of an adult age 21 or older. Each adult may length of cotton line that extends into the supervise no more than two youth hunters. water. You must tend the trotlines at least 12. We prohibit any person or group to act once every 24 hours and reset them when re- as a hunting guide, outfitter, or in any other ceded waters expose them. capacity that any other individual(s) pays or 2. Conditions A7, A10 (the only exceptions promises to pay directly or indirectly for are the Rainey Lake and Mower Woods all- services rendered to any other person or persons hunting on the refuge, regardless of terrain trails (see § 27.31 of this chapter), whether such payment is for guiding, outfit- which are open year-round with the same ting, lodging, or club membership. time restrictions as the seasonal all-terrain B. Upland Game Hunting. We allow hunting trails), A12, and B4 (anglers) apply. of quail, squirrel, rabbit, raccoon, and opos- 3. We prohibit the taking of turtle (see sum on designated areas of the refuge in ac- § 27.21 of this chapter). cordance with State regulations subject to the following conditions: UPPER OUACHITA NATIONAL WILDLIFE REFUGE 1. Conditions A1, A8, A9, and A12 (to hunt A. Migratory Game Bird Hunting. We allow upland game) apply. hunting of duck, goose, coot, woodcock, and 2. We allow hunting west of the Ouachita dove on designated areas of the refuge in ac- River. We allow hunting on the east side of cordance with State regulations subject to the Ouachita River outside the Mollicy the following conditions: levee, west of Kelby Road, and south of 1. Hunters must possess and carry a signed School Board South Road within the levee. refuge permit. 3. We prohibit possession of firearms (see 2. We allow waterfowl hunting on the west § 27.42 of this chapter) larger than .22 caliber side of the Ouachita River north of RCW rimfire, shotgun slugs, and buckshot. Road. We allow waterfowl hunting on the 4. We allow hunting of raccoon and opos- east side of the Ouachita River outside the sum during the daylight hours of rabbit and Mollicy levee, west of Kelby Road, and south squirrel season. We allow night hunting dur- of School Board South Road within the ing December and January, and you may use levee. dogs for night hunting. We prohibit selling of 3. We allow woodcock hunting west of the raccoon and opossum taken on the refuge for Ouachita River. We allow woodcock hunting human consumption. on the east side of the Ouachita River out- 5. We allow use of dogs to hunt squirrel and side the Mollicy levee, west of Kelby Road, rabbit after the last refuge Gun Deer Hunt. and south of School Board South Road with- 6. If you want to use horses and mules to in the levee. hunt raccoon and opossum at night, you must first obtain a special permit at the ref- 4. We only allow dove hunting during the uge office. first 3 days of the State season east of the 7. Hunters may enter the refuge no earlier Ouachita River outside the Mollicy levee, than 3 a.m. and must exit no later than 2 west of Kelby Road, and south of School hours after legal shooting hours. Board South Road within the levee. 8. Youth hunters under age 16 must suc- 5. We allow waterfowl hunting until 12 p.m. cessfully complete a State-approved hunter (noon) during the State season. education course. While hunting, each youth 6. We will hold a limited lottery hunt dur- must possess and carry a card or certificate ing the State Youth Waterfowl Hunt. Appli- of completion. Each youth hunter must re- cation instructions are available at the ref- main within sight and normal voice contact uge office. of an adult age 21 or older. Each adult may 7. Hunters may enter the refuge no earlier supervise no more than one youth hunter. than 3 a.m. C. Big Game Hunting. We allow hunting of 8. We prohibit hunting within 150 feet (45 white-tailed deer on designated areas of the m) of the maintained right-of-way of roads refuge in accordance with State regulations and from or across ATV trails (see § 27.31 of subject to the following conditions: this chapter). We prohibit hunting within 50 1. Conditions A1, A8, A9, A12 (to hunt big feet (15 m) or trespassing on above-ground oil game), and B7 apply. or gas production facilities. 2. We allow general gun deer hunting on 9. We prohibit leaving boats, blinds, and the following days: the first consecutive Sat- decoys unattended. urday and Sunday of November; the Friday,

282

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.38

Saturday, and Sunday following Thanks- 6. We prohibit the taking of turtle (see giving Day; and the second Saturday and § 27.21 of this chapter). Sunday after Thanksgiving Day. We allow [58 FR 5064, Jan. 19, 1993, as amended at 58 archery deer hunting during the entire State FR 29074, May 18, 1993; 59 FR 6692, Feb. 11, season. 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 5277, Jan. 3. We allow deer hunting west of the 26, 1995; 60 FR 62042, Dec. 4, 1995; 61 FR 45367, Ouachita River. We allow deer hunting on Aug. 29, 1996; 61 FR 46395, Sept. 3, 1996; 62 FR the east side of the Ouachita River outside 47378, Sept. 9, 1997; 63 FR 46916, Sept. 3, 1998; the Mollicy levee, west of Kelby Road, and 65 FR 30783, May 12, 2000; 65 FR 56402, Sept. south of School Board South Road within 18, 2000; 66 FR 46357, Sept. 4, 2001; 67 FR 58945, the levee. Sept. 18, 2002; 68 FR 57316, Oct. 2, 2003; 69 FR 4. The daily bag limit is one deer of either 54362, 54394, Sept. 8, 2004; 69 FR 55995, Sept. sex. The State season limit applies. 17, 2004; 70 FR 54169, Sept. 13, 2005; 70 FR 5. During general Gun Deer Hunts, you 56376, Sept. 27, 2005] must check all deer on the day taken during general Gun Deer Hunts at a refuge check § 32.38 Maine. station between 7 a.m. and 7 p.m. unless stat- The following refuge units have been ed otherwise in the annual refuge hunting opened to hunting and/or fishing, and brochure and permit. are listed in alphabetical order with 6. Archery hunters must possess and carry applicable refuge-specific regulations. proof of completion of the International Bowhunters’ Education Program. LAKE UMBAGOG NATIONAL WILDLIFE REFUGE 7. We prohibit leaving deer stands, blinds, A. Migratory Game Bird Hunting. We allow and other equipment unattended. hunting of duck, goose, American crow, and 8. Deer hunters must wear hunter orange woodcock in accordance with State regula- as per State deer hunting regulations on tions, seasons, and bag limits subject to the Wildlife Management Areas. following conditions: 9. We prohibit hunters placing stands or 1. You must wear two articles of hunter-or- hunting from stands on pine trees with ange clothing or material. One article must white-painted bands/rings. be a solid-colored hunter-orange hat; the 10. Youth hunters under age 16 must suc- other must cover a major portion of the torso, such as a jacket, vest, coat, or poncho cessfully complete a State-approved hunter and must be a minimum of 50 percent hunter education course. While hunting, each youth orange in color (such as orange camouflage) must possess and carry a card or certificate except when hunting waterfowl. of completion. Each youth hunter must re- 2. We will provide permanent refuge blinds main within sight and normal voice contact at various locations that you may reserve. of an adult age 21 or older. Each adult may You may make reservations for blinds up to supervise no more than one youth hunter. 1 year in advance, for a maximum of 1 week, D. Sport Fishing. We allow fishing on des- running Monday through Sunday during the ignated areas of the refuge in accordance hunting season. You may make reservations with State regulations subject to the fol- for additional weeks up to 1 week in advance, lowing conditions: on a space-available basis. We prohibit other 1. We allow sport fishing year-round except permanent blinds. You must remove tem- within the Mollicy levee. We allow fishing in porary blinds, boats, and decoys (see § 27.93 of the Wigeon Ponds and Reservoir March 1 this chapter) from the refuge following each through October 15, from 30 minutes before day. legal sunrise until 30 minutes after legal sun- 3. You may use dogs to locate, point, and set. retrieve when hunting for migratory game birds (see § 26.21(b) of this chapter). 2. We prohibit outboard motors in the 4. We open the refuge to hunting during Wigeon Ponds. We prohibit boat launching the hours stipulated under each State’s with motors greater than 50 hp in the Res- hunting regulations but no longer than from ervoir. 1⁄2 hour before legal sunrise to 1⁄2 hour after 3. We prohibit leaving boats and other per- legal sunset. We close the refuge to night sonal property on the refuge unattended. hunting. You must unload all firearms (see 4. You must tend trotlines daily. You must § 27.42 of this chapter) outside of legal hunt- attach ends of trotlines by a length of cotton ing hours. line that extends into the water. 5. We prohibit the use of all-terrain vehi- 5. We prohibit commercial fishing. Rec- cles (ATVs or OHRVs) (see § 27.31(f) of this reational fishing using commercial gear (slat chapter). traps, etc.) requires a special refuge permit B. Upland Game Hunting. We allow hunting (that you must possess and carry) available of coyote, fox, raccoon, woodchuck, red and at the refuge office. eastern gray squirrel, porcupine, skunk, snowshoe hare, ring-necked pheasant, ruffed

283

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.38 50 CFR Ch. I (10–1–06 Edition)

grouse, and northern bobwhite in accordance iii. We allow a maximum of four dogs per with State regulations, seasons, and bag lim- hunter. its subject to the following conditions: iv. You must pick up all dogs the same day 1. You may only possess approved nontoxic you release them. shot (see § 32.2(k)) while on the refuge. 3. We allow prehunt scouting of the refuge; 2. We open the refuge to hunting during however, we prohibit dogs and firearms (see the hours stipulated under State hunting § 27.42 of this chapter) during prehunt scout- regulations, but no longer than from 1⁄2 hour ing. before legal sunrise to 1⁄2 hour after legal 4. Each hunter must wear two articles of sunset. We close the refuge to night hunting. hunter-orange clothing or material. One ar- You must unload all firearms (see § 27.42 of ticle must be a solid-colored hunter-orange this chapter), and nock no arrows outside of hat; the other must cover a major portion of legal hunting hours. the torso, such as a jacket, vest, coat, or 3. We prohibit the use of all-terrain vehi- poncho and must be a minimum of 50 percent cles (ATVs or OHRVs) (see § 27.31(f) of this hunter orange in color (i.e., orange camou- chapter). flage). 4. You must wear two articles of hunter-or- 5. We prohibit the use of all-terrain vehi- ange clothing or material. One article must cles (ATVs or OHRVs) (see § 27.31(f) of this be a solid-colored hunter-orange hat; the chapter). other must cover a major portion of the 6. We allow temporary tree stands and torso, such as a jacket, vest, coat, or poncho blinds, but hunters must remove them by the and must be a minimum of 50 percent hunter end of the season (see § 27.93 of this chapter). orange in color (such as orange camouflage) We prohibit nails, screws, or screw-in climb- except when hunting turkey. ing pegs to build or access a stand or blind 5. We allow hunting of coyote and snow- (see § 32.2(i)). shoe hare with dogs during State hunting D. Sport Fishing. [Reserved] seasons. Hunting with trailing dogs on the refuge will be subject to the following regu- MOOSEHORN NATIONAL WILDLIFE REFUGE lations: A. Migratory Game Bird Hunting. We allow i. You must equip all dogs used to hunt hunting of duck, goose, American woodcock, coyote with working radio-telemetry collars, and Wilson’s snipe on designated areas of the and you must be in possession of a working Baring and Edmunds Division of the refuge radio-telemetry receiver that can detect and in accordance with State regulations subject track the frequencies of all collars used. We to the following conditions: do not require radio-telemetry collars for 1. We require every hunter to possess and dogs used to hunt snowshoe hare. carry a personally signed refuge hunting per- ii. We prohibit training during or outside mit. Permits and regulations are available at of dog season for coyote or hare. checkpoints throughout the refuge. iii. We allow a maximum of four dogs per 2. You must complete a Hunter Informa- hunter. tion Card at a self-clearing check station iv. You must pick up all dogs the same day after each hunt before leaving the refuge. you release them. 3. We allow hunters to enter the refuge 2 C. Big Game Hunting. We allow hunting of hours before legal shooting hours, and they bear, white-tailed deer, and moose in accord- must exit the refuge by 1 hour past legal ance with State regulations, seasons, and shooting hours. bag limits subject to the following condi- 4. You may hunt American woodcock and tions: Wilson’s snipe on the Edmunds Division and 1. We open the refuge to hunting during that part of the Baring Division that lies the hours stipulated under State hunting west of State Route 191. regulations but no longer than from 1⁄2 hour 5. You may hunt waterfowl (duck and before legal sunrise to 1⁄2 hour after legal goose) in that part of the Edmunds Division sunset. We close the refuge to night hunting. that lies north of Hobart Stream and west of You must unload all firearms (see § 27.42 of U.S. Route 1, and in those areas east of U.S. this chapter) and nock no arrows outside of Route 1, and refuge lands that lie south of legal hunting hours. South Trail, and in that portion of the Bar- 2. We allow bear hunting with dogs during ing Division that lies west of State Route State hunting seasons. Hunting with trailing 191. dogs on the refuge will be subject to the fol- 6. We prohibit hunting of migratory birds lowing regulations: in the Nat Smith Field and Marsh or Bills i. You must equip all dogs used to hunt Hill Ponds on the Edmunds Division. bear with working radio-telemetry collars 7. We prohibit construction or use of any and hunters must be in possession of a work- permanent blind. ing radio-telemetry receiver that can detect 8. You may only use portable or temporary and track the frequencies of all collars used. blinds. ii. We prohibit training during or outside 9. You must remove portable or temporary of dog season for bear. blinds and decoys from the refuge following

284

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.38

each day’s hunt (see §§ 27.93 and 27.94 of this with your name, address, phone number, and chapter). hunting license number. 10. We prohibit motorized or mechanized 9. You must remove all tree stands, blinds, vehicles and equipment in designated Wilder- and ladders from the refuge on the last day ness Areas. This includes all vehicles and of the muzzleloader deer season (see §§ 27.93 items such as winches, pulleys, and wheeled and 27.94 of this chapter). game carriers. Hunters must remove animals 10. You may hunt black bear, eastern coy- harvested within the Wilderness Areas by ote, and white-tailed deer during the State hand without the aid of mechanical equip- archery and firearms deer seasons on that ment of any type. part of the Baring Division that lies east of B. Upland Game Hunting. We allow hunting State Route 191. of ruffed grouse, snowshoe hare, red fox, red 11. You may hunt black bear, bobcat, east- squirrel, gray squirrel, raccoon, skunk, and ern coyote, moose, and white-tailed deer on woodchuck on designated areas of the Baring the Edmunds Division and that part of the and Edmunds Divisions of the refuge in ac- Baring Division that lies west of State Route cordance with State regulations subject to 191. the following conditions: 12. You may only use a long, recurve, or 1. Conditions A1, A2, and A10 apply. compound bow to hunt during the archery deer season, and a muzzleloader to hunt dur- 2. We allow hunters to enter the refuge 1⁄2 hour before legal shooting hours, and they ing the deer muzzleloader season on that part of the refuge that lies east of Route 191. must exit the refuge by 1⁄2 hour past legal shooting hours except for hunters pursuing 13. You must register with the refuge office raccoons at night. prior to hunting black bear, bobcat, or eastern coyote with trailing dogs. 3. During the firearms big game seasons, 14. We prohibit hunting in the following you must wear in a conspicuous manner on areas: head, chest, and back a minimum of 400 i. The South Magurrewock Area: The square inches (2,600 cm2) of solid-colored, boundary of this area begins at the intersec- hunter-orange clothing or material. tion of the Charlotte Road and U.S. Route 1; 4. We allow the hunting of ruffed grouse, it follows the Charlotte Road in a southerly snowshoe hare, red fox, red squirrel, gray direction to a point just south of the fishing squirrel, raccoon, skunk, and woodchuck on pier and observation blind, where it turns in the Edmunds Division and that part of the an easterly direction, crossing the East Baring Division that lies west of State Route Branch of the Magurrewock Stream, and pro- 191. ceeds in a northerly direction along the up- 5. We prohibit hunting of upland game on land edge of the Upper and Middle refuge lands from April 1 through September Magurrewock Marshes to U.S. Route 1 where 30. it follows Route 1 in a southerly direction to 6. You must register with the refuge office the point of origin. prior to hunting raccoon or red fox with ii. The North Magurrewock Area: The trailing dogs. boundary of this area begins where the C. Big Game Hunting. We allow hunting of northern exterior boundary of the refuge and black bear, bobcat, eastern coyote, moose, Route 1 intersect; it follows the boundary and white-tailed deer on designated areas of line in a westerly direction to the railroad the refuge in accordance with State regula- grade where it follows the main railroad tions subject to the following conditions: grade and refuge boundary in a southwest di- 1. Conditions A1, A2, A10, B3, and B5 apply. rection to the upland edge of the Lower Barn 2. We allow hunters to enter the refuge 1⁄2 Meadow Marsh; it then follows the upland hour before legal shooting hours, and they edge of the marsh in an easterly direction to must exit the refuge by 1⁄2 hour past legal U.S. Route 1, where it follows Route 1 to the shooting hours, except for hunters pursuing point of origin. eastern coyotes at night. iii. The posted safety zone around the ref- 3. We allow bear hunting from October 1 to uge headquarters complex: The boundary of the end of the State Prescribed Season. this area starts where the southerly edge of 4. We allow eastern coyote hunting from the Horse Pasture Field intersects with the October 1 to March 31 annually. Charlotte Road. The boundary follows the 5. If you harvest a bear, deer, or moose on southern edge of the Horse Pasture Field, the refuge, you must notify the refuge office across the abandoned Maine Central Rail- in person or by phone within 24 hours and road grade, where it intersects with the make the animal available for inspection by North Fireline Road. It follows the North refuge personnel. Fireline Road to a point near the northwest 6. We prohibit construction or use of per- corner of the Lane Construction Tract. The manent tree stands, blinds, or ladders. line then proceeds along a cleared and 7. You must use only portable tree stands, marked trail in a northwesterly direction to blinds, and ladders. the Barn Meadow Road. It proceeds south 8. You must clearly label any tree stand, along the Barn Meadow Road to the intersec- blind, or ladder left on the refuge overnight tion with the South Fireline Road, where it

285

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.38 50 CFR Ch. I (10–1–06 Edition)

follows the South Fireline Road across the 2. You must remove all temporary blinds, Headquarters Road to the intersection with concealment materials, boats, and decoys the Mile Bridge Road. It then follows the (see § 27.93 of this chapter) each day. Mile Bridge Road in a southerly direction to B. Upland Game Hunting. We allow hunting the intersection with the Lunn Road, then of upland game on designated areas in ac- along the Lunn Road leaving the road in an cordance with State regulations subject to easterly direction at the site of the old cross- the following conditions: ing, across the abandoned Maine Central 1. You may only possess approved nontoxic Railroad grade to the Charlotte Road (di- shot while in the field (see § 32.2(k)). rectly across from the Moosehorn Ridge 2. We allow only pointing and flushing Road gate). The line follows the Charlotte dogs. Road in a northerly direction to the point of 3. We prohibit the hunting of crows. origin. 4. You may hunt coyotes from November 1 iv. The Southern Gravel Pit: The boundary to March 31. of this area starts at a point where Cran- C. Big Game Hunting. We allow hunting of berry Brook crosses the Charlotte Road and white-tailed deer and bear on designated proceeds south along the Charlotte Road to areas of the refuge in accordance with State the Barin/Charlotte Town Line, east along regulations subject to the following condi- the Town Line to a point where it intersects tions: the railroad grade where it turns in a north- 1. We prohibit dogs. 2. We only allow black bear hunting during erly direction, and follows the railroad grade the firearm season for white-tailed deer. to Cranberry Brook, following Cranbettery 3. You must remove all tree stands by the Brook in a westerly direction to the point of last day of the white-tailed deer hunting sea- origin. son (see § 27.93 of this chapter). D. Sport Fishing. We allow fishing on des- 4. We normally close the refuge to all visi- ignated areas of the refuge in accordance tors from legal sunset to legal sunrise. How- with State regulations subject to the fol- ever, during hunting season, we allow hunt- lowing conditions: ers to enter the refuge 1⁄2 hour prior to legal 1. We prohibit motorized boats on Bearce sunrise and remain on the refuge 1⁄2 hour and Conic Lakes. after legal sunset. 2. We only allow fishing from 1⁄2 hour be- D. Sport Fishing. [Reserved] fore legal sunrise to 1⁄2 hour after legal sunset. RACHEL CARSON NATIONAL WILDLIFE REFUGE 3. We allow fishing in the following areas A. Migratory Game Bird Hunting. We allow on the Baring Division of the refuge: hunting of duck, goose, coot, woodcock, and i. Bearce Lake, Conic Lake, James Pond, snipe in accordance with State regulations Ledge Pond, and Vose Pond; on designated areas of the Brave Boat Har- ii. Clark Brook and the West Branch of the bor, Lower Wells, Upper Wells, Mousam Magurrewock Stream from the outlet of the River, Goose Rocks, and Spurwink River Di- Howard Mill Flowage water control struc- visions of the refuge subject to the following ture to the handicapped-accessible fishing conditions: pier located off the Charlotte Road; and 1. Prior to entering designated refuge iii. Barn Meadow Brook, Cranberry Brook, hunting areas, you must obtain a refuge Mahar Brook, and Moosehorn Stream. hunting permit, pay a recreation fee, and 4. We allow fishing in the following areas sign and carry the permit at all times. on the Edmunds Division of the refuge: Ho- 2. You may only take sea duck when the bart Lake, Hobart Stream, Cranberry Brook, State sea duck season coincides with the reg- Crane Meadow Brook, Crane Mill Stream, ular duck season. and Crane Mill Flowage. 3. You may take waterfowl by falconry 5. We prohibit fishing on the stretch of during State seasons. Moosehorn Stream on the Baring Division 4. We open Designated Youth Hunting that lies west of the Charlotte Road and east Areas to hunters age 17 and under who pos- of the Mile Bridge Road between March 31 sess and carry a refuge hunting permit. Each and July 14. youth hunter must remain within sight and normal voice contact of an adult age 21 or 6. We prohibit trapping of bait fish on the older. The accompanying adult must possess refuge. and carry a refuge hunting permit and may PETIT MANAN NATIONAL WILDLIFE REFUGE also hunt. 5. You may use seasonal blinds with a Spe- A. Migratory Game Bird Hunting. We allow cial Use Permit. A permitted seasonal blind hunting of duck, goose, woodcock, rail, galli- is available to permitted hunters on a first- nule, and snipe on designated areas of the come, first-served basis. The permit holder refuge in accordance with State regulations for the blind is responsible for the removal of subject to the following conditions: the blind at the end of the season and com- 1. We prohibit erection of permanent wa- pliance with all conditions of the Special Use terfowl blinds. Permit. You must remove temporary blinds,

286

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.38

decoys, and boats from the refuge each day 9. You must report any deer harvested to (see §§ 27.93 and 27.94 of this chapter). the refuge office within 48 hours. 6. We open the refuge to hunting during the D. Sport Fishing. We allow sport fishing hours stipulated by State regulations but no along the shoreline on the following des- longer than 1⁄2 hour before legal sunrise to 1⁄2 ignated areas of the refuge in accordance hour after legal sunset. We close the refuge with State regulations subject to the fol- to night hunting. You must unload all fire- lowing conditions: arms (see § 27.42(b) of this chapter) outside of 1. At the Brave Boat Harbor division on the legal hunting hours. north side (York) of the stream crossing 7. We prohibit all-terrain vehicles (ATVs or under Route 103, beginning at Route 103 then OHRVs) (see § 27.31(f) of this chapter). downstream to the first railroad trestle. 8. We close the Moody, Little River, Bidde- ford Pool, and Goosefare Brook divisions of 2. At the Moody division on the north side the refuge to all migratory bird hunting. of the Ogunquit River and downstream of B. Upland Game Hunting. We allow hunting Route 1, beginning at the refuge boundary of pheasant and grouse on designated areas then downstream a distance of 500 feet (150 of the Brave Boat Harbor, Lower Wells, m). Upper Wells, Mousam River, Goose Rocks, 3. At the Moody division on the east side of Goosefare Brook, and Spurwink River divi- Stevens Brook and downstream of Bourne sion of the refuge in accordance with State Avenue, beginning at Bourne Avenue then regulations subject to the following condi- downstream to where the refuge ends near tions: Ocean Avenue. 1. Conditions A1, A6, and A7 apply. 4. At the Lower Wells division on the west 2. You may take pheasant and grouse by side of the Webhannet River downstream of falconry during State seasons. Mile Road, from Mile Road north to the first 3. You may only possess approved nontoxic creek. shot (see § 32.2(k)) while on the refuge. 5. At the Upper Wells division on the south 4. We close the Moody, Little River, and side of the Merriland River downstream of Biddeford Pool division of the refuge to all Skinner Mill Road, beginning at the refuge upland game hunting. boundary and then east along the oxbow to C. Big Game Hunting. We allow hunting of the woods. white-tailed deer on designated areas of the Brave Boat Harbor, Lower Wells, Upper 6. At the Mousam River division on the Wells, Mousam River, Goose Rocks, Little north side of the Mousam River downstream River, Goosefare Brook, and Spurwink River of Route 9, beginning at the refuge boundary Divisions of the refuge in accordance with and then east to a point opposite Great Hill State regulations subject to the following Road. Access is from the Bridle Path along conditions: the first tidal creek. 1. Conditions A1, A6, and A7 apply. 7. At the Goosefare Brook division on the 2. We only allow hunting of deer with shot- south side of Goosefare Brook where it flows gun and archery. We prohibit rifles and muz- into the Atlantic Ocean. zleloading firearms. 8. At the Spurwink River division on the 3. You must use only portable tree stands west side (Scarborough) of the Spurwink and ladders. We prohibit use of nails, screws, River upstream of Route 77, beginning at or bolts to attach tree stands and ladders to Route 77 and then upstream approximately trees (see § 32.2(i)). You must remove tree 1,000 feet (300 m) to a point near the fork in stands and ladders from the refuge following the river. each day (see §§ 27.93 and 27.94 of this chap- 9. You may launch boats from car top from ter). legal sunrise to legal sunset at Brave Boat 4. We close the Moody and Biddeford Pool Harbor division on Chauncey Creek at the Division of the refuge to white-tailed deer hunting. intersection of Cutts Island Road and Sea 5. We close the Moody and Biddeford Pool Point Road. divisions of the refuge to white-tailed deer 10. We allow car-top launching from legal hunting. sunrise to legal sunset at Spurwink River di- 6. We only allow archery on those areas of vision on the upstream side of Route 77 at the Little River division open to hunting. the old road crossing. 7. You may hunt fox and coyote with arch- 11. We allow fishing from legal sunrise to ery or shotgun during daylight hours of the legal sunset. State firearm deer season only. 12. We prohibit lead jigs and sinkers. 8. Bow hunters with refuge permits may 13. Anglers must attend their lines at all apply for the special ‘‘Wells Hunt’’. We must times. receive letters of interest by November 1 for 14. We prohibit collection of bait on the consideration in a random drawing. Selected refuge. hunters must comply with regulations as set by the State.

287

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.39 50 CFR Ch. I (10–1–06 Edition)

SUNKHAZE MEADOWS NATIONAL WILDLIFE Center, which is open from 9 a.m. to 4 p.m. REFUGE daily. 3. We allow archery hunters to obtain a A. Migratory Game Bird Hunting. We allow hunting of migratory game birds on des- permit; permits are available at the Visitor ignated areas of the refuge in accordance Center, after the first week of September with State regulations. until the end of the archery season. B. Upland Game Hunting. We allow hunting 4. We allow walk-in youth hunters to ob- of upland game on designated areas of the tain a permit at the check station on the day refuge in accordance with State regulations of the hunt. subject to the following condition: You may 5. A licensed or exempt-from-licensed un- possess only approved nontoxic shot while in armed adult, age 21 or older, must accom- the field (see § 32.2(k)). pany youth hunters (at least age 12 but less C. Big Game Hunting. We allow hunting of than age 16) at all times in the field. deer, moose, and bear on designated areas of 6. We require a physician to certify the refuge in accordance with State regula- ‘‘wheelchair-bound’’ permanently disabled tions subject to the following condition: You hunters; and an assistant, who must not use must wear, in a conspicuous manner on head, a firearm, must accompany these hunters. chest, and back a minimum of 400 square We require the permanently disabled certifi- inches (2,600 cm2) of solid-colored hunter-or- cation to accompany the hunters’ permit ap- ange clothing or material during firearms plication. big game season. 7. We only allow participants possessing D. Sport Fishing. We allow sport fishing on authorized permits to enter the hunt areas. the waters of and from the banks of Baker 8. Beginning at 5 a.m., we require check-in Brook, Birch Stream, Buzzy Brook, Dudley for the youth hunts, muzzleloader hunts, and Brook, Johnson Brook, Little Birch Stream, shotgun hunts. Little Buzzy Brook, Sandy Stream, and 9. At the refuge check station on the day of Sunkhaze Stream. the kill for all firearm hunts, we require hunters to properly tag and present for ex- [58 FR 5064, Jan. 19, 1993, as amended at 58 amination all deer killed. FR 29075, May 18, 1993; 60 FR 62043, Dec. 4, 1995; 61 FR 46396, Sept. 3, 1996; 63 FR 46917, 10. We require hunters to seek refuge em- Sept. 3, 1998; 65 FR 30784, May 12, 2000; 65 FR ployee assistance to retrieve deer from 56403, Sept. 18, 2000; 66 FR 46358, Sept. 4, 2001; closed areas. 67 FR 58946, Sept. 18, 2002; 69 FR 54362, 54410, 11. We do not require check-in or check out Sept. 8, 2004; 70 FR 54172, Sept. 13, 2005] at the refuge for the archery hunt, but we require hunters to register harvested deer at § 32.39 Maryland. one of the State check stations designated by the refuge. The following refuge units have been 12. We only allow weapons that meet State opened for hunting and/or fishing, and regulations (bows and arrows for archery, are listed in alphabetical order with shotguns with slugs and/or No. 1 buckshot or applicable refuge-specific regulations. larger for youth hunts and shotgun hunts, and muzzleloading rifles and muzzleloading BLACKWATER NATIONAL WILDLIFE REFUGE shotguns only for muzzleloader hunts). We prohibit handguns and breech-loading rifles. A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. [Reserved] 13. We only allow access to hunt areas on C. Big Game Hunting. We allow hunting of designated roads and parking areas indicated deer on designated areas of the refuge in ac- on hunt maps in the regulations leaflet (ob- cordance with State regulations subject to tained with application by mail or at the the following conditions: Visitor Center) (see § 27.31 of this chapter). 1. We require refuge permits for all hunters The only other access we allow is walk-in or regardless of age. We require that permits bicycles. We prohibit access by boats or must be in the hunter’s possession along ATVs. with a valid Maryland State hunting license, 14. We only allow scouting on designated any required stamps, and a photo identifica- days listed in the regulations for permitted tion. Permits are nontransferable. hunters. 2. We require that hunters obtain deer hunt 15. We do not require check-in or check out permits only through the mail, by mailing for scouting. an application and administration fee to the 16. We prohibit firearms or other weapons refuge after applications are available in on the refuge when scouting. July. To obtain an application and regula- 17. We require adult hunters, age 21 or tions leaflet (including designated areas and older, to accompany permitted youth hunt- map, dates of hunts, bag limits, and permit ers while scouting. fees) for archery, youth, muzzleloader, and 18. We require a minimum of 400 square shotgun hunts, we require hunters to contact inches (2,600 cm 2) of solid-colored daylight the refuge hunt coordinator or refuge Visitor fluorescent-orange clothing to be worn on

288

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.39

the head, chest, and back of all hunters dur- 2. We only allow use of bow and arrows, ing the youth, muzzleloader, and shotgun shotguns, and muzzleloaders for deer hunting hunts. and shotguns for turkey hunting. 19. We require the use of a tree stand that 3. We prohibit possession of a loaded weap- elevates the hunter a minimum of 8 feet (240 on (see § 27.42(b) of this chapter) on or within cm) above the ground for hunting Area B2 50 feet (15 m) of any graveled, dirt, or paved (except disabled hunters). We allow tem- refuge road or any designated parking area. porary, removable, ladder, fixed, and climb- 4. We require a minimum of 400 square ing-type tree stands that do not damage inches (2,600 cm 2) of solid hunter-orange trees in all other areas (see §§ 32.2(i)). clothing or material as the outermost layer 20. We prohibit screw-in steps, spikes, or of clothing on the head, chest, and back other objects that may damage trees. when deer hunting. 21. We prohibit hunting from a perma- 5. You must wear a hunter-orange cap or nently constructed tree stand. hat when moving to or from your blind or 22. We allow hunters to preinstall tree stand when turkey hunting. stands during the scouting days for use dur- 6. Each youth hunter (age 15 or under) ing selected hunts and to leave the tree must remain within sight and normal voice stands in the hunting area at the hunter’s contact of an adult age 18 or older. Children discretion. We require hunters to remove all must be at least age 10 to hunt on the refuge. stands the last day of the refuge hunting sea- 7. We only allow parking in designated son (we are not responsible for damage, parking areas. theft, or other hunter occupancy) (see § 27.93 8. We prohibit hunting in the No Hunting of this chapter). Zones; however, you may walk through these 23. We prohibit dogs in hunt areas. areas with an unloaded weapon (see § 27.42(b) 24. We prohibit hunting from or shooting of this chapter) (no shells in the chamber or across a roadway where we allow vehicle magazine cap off of the muzzleloader). traffic. 9. For deer hunting, the legal shooting 25. We prohibit driving deer during youth hours are from legal sunrise to legal sunset. hunts. 10. For turkey hunting, the legal shooting 26. We prohibit commercialized guiding. hours are from 1⁄2 hour before legal sunrise to D. Sport Fishing. We allow fishing and crab- 12 p.m. (noon). bing on designated areas of the refuge in ac- 11. We prohibit entry to the refuge by boats cordance with State regulations subject to during refuge hunts. the following conditions: 12. We only allow persons possessing a ref- 1. We only allow fishing and crabbing from uge hunt permit to be on the refuge during April 1 through September 30 during day- hunting days. light hours. 13. We prohibit the use of ATVs during ref- 2. We restrict fishing and crabbing to boats uge hunts (see § 27.31(f) of this chapter). and the Key Wallace roadway across the Lit- 14. We allow the use of marking tape, re- tle Blackwater River. flective pins, or other removable materials 3. We require a valid State sport fishing li- to mark trails to and from stands. You must cense. We do not require a refuge permit. remove the marking material (see § 27.93 of 4. We require anglers to attend all fish and this chapter) at the end of your hunt day. We crab lines. prohibit paint or any other permanent mark- 5. We prohibit boat launching from refuge er to mark trails. lands except for canoes/kayaks at the canoe/ D. Sport Fishing. We allow fishing and crab- kayak ramp located near the Blackwater bing in designated areas of the refuge in ac- River Bridge on Route 335. A public launch- cordance with State regulations subject to ing ramp is available at Shorter’s Wharf. the following conditions: 6. We prohibit the use of air boats on ref- 1. We allow fishing and crabbing from East- uge waters. ern Neck Island bridge. 2. We only allow fishing and crabbing from EASTERN NECK NATIONAL WILDLIFE REFUGE April 1—September 30 during daylight hours A. Migratory Game Bird Hunting. [Reserved] at the Ingleside Recreation Area. B. Upland Game Hunting. [Reserved] 3. We only allow fishing from the Boxes C. Big Game Hunting. We allow hunting of Point and Duck Inn Trails during daylight white-tailed deer and turkey on designated hours. areas of the refuge in accordance with State 4. We allow fishing and crabbing from hunting regulations subject to the following boardwalk located adjacent to the Eastern conditions: Neck Island bridge. 1. We require hunters to carry a signed ref- PATUXENT RESEARCH REFUGE uge hunt permit when scouting on the designated scouting days and when hunting. A. Migratory Game Bird Hunting. We allow Hunters must turn in their hunt permit at hunting of goose, duck, and dove on the the end of the hunt day or when leaving the North Tract in accordance with State regu- refuge during the hunt day at the check-in lations subject to the following conditions: station. 1. We require a fee-hunting permit.

289

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.39 50 CFR Ch. I (10–1–06 Edition)

2. We require hunters age 17 and under to 4. We select turkey hunters by a computer- have a parent or guardian countersign to re- ized lottery for youth, disabled, mobility im- ceive a hunting permit. An adult, age 21 or paired, and general public hunts. We require older, possessing a hunting permit, must ac- documentation for disabled and mobility-im- company hunters age 16 and younger in the paired hunters. field. 5. We require each turkey hunter to attend 3. You must check-in and out at the a turkey clinic sponsored by the National Hunter Control Station (HCS) and exchange Wild Turkey Federation. your hunting permit for a daily hunting pass 6. We require turkey hunters to pattern and a vehicle pass every time you enter or their weapons prior to hunting. exit the refuge, including breaks, lunch, and C. Big Game Hunting. We allow hunting of dinner. white-tailed deer in accordance with State 4. We restrict hunters to the selected area regulations subject to the following condi- and activity until you check out at the HCS. tions: 5. You must use established and main- 1. We require you to pass a proficiency test tained roads and not block traffic (see with each weapon that you desire to use § 27.31(h) of this chapter). prior to issuing you a hunting permit. 6. We prohibit hunting on or across any 2. Conditions A1 through A6 apply. road, within 50 yards (45 m) of a road, within 3. You must wear a minimum of 400 square 150 yards (135 m) of any occupied structure, inches (2,600 cm2) of fluorescent orange on or within 25 yards (22.5 m) from any des- your head, chest, and back while hunting. ignated ‘‘No Hunting’’ area. Only those with Bow hunters must follow this requirement a State ‘‘Hunt from a Vehicle Permit’’ may when moving to and from the deer stand and hunt from the roadside at designated areas. while tracking. We do not require bow hunt- 7. You must wear at least a fluorescent-or- ers to wear the fluorescent orange when posi- ange hat or cap when walking from your ve- tioning to hunt except during the deer muz- hicle to your hunting site. ‘‘Jump Shooters’’ zleloader season. must wear at least a fluorescent-orange hat 4. We will extract a jaw from each deer or cap while hunting. If you stop and stand, harvested before leaving the refuge. you may replace the orange hat or cap with 5. We publish the Refuge Hunting Regula- a camouflage one. tions, which include the daily and yearly bag 8. You may only carry one shotgun, 20 limits and hunting dates for the North, Cen- gauge or larger, in the field. We prohibit ad- tral, and South Tracts, in July. We give ditional firearms. hunters a copy of the regulations with the 9. We only allow the taking of Canada fee permit, and they must know the specific goose during the special September and late hunt seasons and regulations. season for a resident Canada goose. 6. You must use portable tree stands 10. We prohibit hunting of goose, duck, or equipped with a safety belt. You must wear dove during the deer firearm seasons and the the safety belt while in the tree stand. The early deer muzzleloader seasons that occur stand must be at least 10 feet (3 m) off the in October. ground. You must remove tree stands daily 11. We prohibit dove hunting during any from the refuge (see § 27.93 of this chapter). deer muzzleloader or firearms seasons. Hunters must use deer stands to hunt the 12. We require waterfowl hunters to use re- South and Central Tracts. (We will make trievers on any impounded waters. Retriev- limited accommodations for disabled hunters ers must be of the traditional breeds, such as for Central Tract lottery hunts.) Chesapeake Bay, Golden, Labrador, etc. 7. We prohibit the firing of weapons after 13. We require dogs to be under the imme- legal shooting hours, including the unload- diate control of their owner at all times. ing of muzzleloaders. Law enforcement officers may seize dogs 8. We prohibit use of dogs to hunt or track running loose or unattended (see § 26.21(b) of wounded deer. this chapter). 9. If you wish to track wounded deer be- B. Upland Game Hunting. We allow hunting yond 11⁄2 hours after legal sunset, you must of turkey, bobwhite quail, grey squirrel, report in person to the HCS. If you are hunt- eastern cottontail rabbit, and woodchuck on ing on the refuge’s South or Central Tracts, the North Tract and turkey on the Central you must call the HCS. The HCS manager Tract in accordance with State regulations will call a refuge law enforcement officer to subject to the following conditions: gain consent to track. We prohibit tracking 1. Conditions A1 and A6 apply. later than 21⁄2 hours after legal sunset. We 2. You must wear a minimum of 400 square may revoke your hunting privileges if you inches (2,600 cm2) of fluorescent orange on wound a deer and do not make a reasonable your head, chest, and back while hunting up- effort to retrieve it. This may include next- land game except for turkey hunting. We en- day tracking. courage turkey hunters to wear fluorescent 10. North Tract: We allow shotgun, muzzle- orange. loader, and bow hunting in accordance with 3. We prohibit hunting of upland game dur- the following conditions: ing the firearms and muzzleloader seasons. i. Conditions C1 through C9 apply.

290

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.40

11. Central Tract: We allow shotgun and iv. You may fish year-round at Lake Allen, bow hunting in accordance with the fol- New Marsh, Cattail Pond, Bailey Bridge lowing conditions: Pond, Bailey Bridge (south side), and the i. Conditions C1 through C9 apply. Little Patuxent River (downstream only ii. We only allow bow hunters to hunt on from Bailey Bridge) except during the white- the Schafer Farm. tailed deer muzzleloader and shotgun seasons iii. We select Central Tract shotgun and and the waterfowl hunting season. We also bow hunters by a computerized lottery. You reserve the right to close Lake Allen at any will be assigned a specific hunting location. time. iv. You must carry a flashlight, whistle, v. You may fish at Rieve’s Pond from Feb- and a compass while hunting. ruary 1 to August 31 and on Sundays from 12. South Tract: We allow shotgun, muzzle- September 1 to January 31. loader, and bow hunting in accordance with vi. We allow wading, for fishing purposes the following regulations: only, downstream from Bailey Bridge on the i. Conditions C1 through C9 and C11iv Little Patuxent River. We prohibit wading in apply. other bodies of water. ii. You must access South Tract hunting vii. We prohibit the use of any type of areas A, B, and C off Springfield Road watercraft. through the Old Beltsville Airport, and 10. South Tract: We allow sport fishing in South Tract hunting area D off Maryland accordance with the following conditions: Route 197 through Gate #4 and park in des- i. Conditions D1 through D8 apply. ignated parking areas. ii. You must park your vehicle in the park- iii. We prohibit shooting into any open ing lot located behind Refuge Gate #8 off meadow or field area. Maryland Route 197. iv. We prohibit parking along the National iii. You must display your fishing permit Wildlife Visitor Center road or in the visitor on your vehicle dashboard. center parking lot. iv. We allow sport fishing at the pier and D. Sport Fishing. We allow sport fishing in designated shorelines at Cash Lake. See Ref- accordance with State regulations subject to uge Fishing Regulations for areas opened to the following conditions: fishing. We post other areas with ‘‘No fishing 1. We require a free refuge fishing permit, beyond this point’’. which you must carry with you at all times v. You may fish from mid-June until mid- while fishing. Organized groups may request October. a group permit. The group leader must carry vi. You may fish between the hours of 6 a copy of the permit and stay with the group a.m. until legal sunset. We open refuge trails at all times while fishing. from legal sunrise until 5:30 p.m. daily. 2. You may take one additional licensed vii. We prohibit boat trailers. adult or two youths age 15 or under to fish viii. You may use watercraft for fishing in under your permit and in your presence. accordance with the State boating laws sub- 3. You may only use earthworms for live ject to the following conditions: You may bait. use car-top boats 14 feet (4.2 m) or less, canoes, kayaks, and inflatable boats. You may 4. We prohibit harvesting bait on the ref- only use electric motors, 4 hp or less. We pro- uge. hibit sailboats. 5. You must attend all fishing lines. 6. We prohibit fishing from all bridges ex- [58 FR 5064, Jan. 19, 1993, as amended at 58 cept the south side of Bailey Bridge. FR 29075, May 18, 1993; 59 FR 6685, 6693, Feb. 7. You may take the following species: 11, 1994; 60 FR 62043, Dec. 4, 1995; 61 FR 46396, Chain pickerel, catfish, golden shiner, eel, Sept. 3, 1996; 63 FR 46917, Sept. 3, 1998; 65 FR and sunfish (includes bluegill, black crappie, 30784, May 12, 2000; 69 FR 54362, 54412, Sept. 8, warmouth, and pumpkinseed). 2004; 70 FR 54174, Sept. 13, 2005] 8. You must catch and release all bass. 9. North Tract: We allow sport fishing in § 32.40 Massachusetts. accordance with the following conditions: The following refuge units have been i. We allow sport fishing at Lake Allen, Rieve’s Pond, New Marsh, Cattail Pond, Bai- opened for hunting and/or fishing, and ley Bridge Pond, Bailey Bridge (south side), are listed in alphabetical order with and Little Patuxent River (downstream only applicable refuge-specific regulations. from Bailey’s Bridge). ASSABET RIVER NATIONAL WILDLIFE REFUGE ii. Conditions D1 through D8 apply. iii. We require a free North Tract refuge A. Migratory Game Bird Hunting. We allow access permit that you must possess and hunting of woodcock on designated portions carry at all times. If you are age 17 or under, of the refuge in accordance with State regu- you must have a parent or guardian counter- lations subject to the following conditions: sign to receive an access permit. A parent or 1. We allow woodcock hunting within the legal guardian must accompany those an- portions of the refuge located north of Hud- glers age 17 and under. son Road, except those areas north of Hudson

291

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.40 50 CFR Ch. I (10–1–06 Edition)

Road that are designated as ‘‘archery only’’ 3. You may possess only approved nontoxic hunting on the current refuge hunting map. shot while in the field (see § 32.2(k)). These archery only hunting areas north of 4. We prohibit construction or use of any Hudson Road are those portions of the refuge permanent structure while hunting on the that are external to Patrol Road from its refuge. You must remove all temporary southerly intersection with White Pond blinds each day (see §§ 27.93 and 27.94 of this Road, northwesterly and then easterly, to its chapter). intersection with Old Marlborough Road. 5. During seasons when it is legal to hunt 2. We require refuge permits. deer with a shotgun or muzzleloader, we re- 3. You must possess and carry all applica- quire all hunters, including archers and ble hunting licenses, permits, stamps, and a small game hunters, to wear a minimum of photographic identification while hunting on 500 square inches (3,250 cm2) of solid-orange the refuge. clothing or material in a conspicuous man- 4. We prohibit use of motorized vehicles on ner on their chest, back, and head. During the refuge. The refuge will provide des- all other times, if you are engaged in ruffed ignated parking areas for hunters. Consult grouse, squirrel, or cottontail rabbit hunting the refuge manager for further details. on the refuge, you must wear a minimum of 5. During any season when it is legal to a solid-orange hat. hunt deer with a shotgun or muzzleloader, C. Big Game Hunting. We allow hunting of we require all hunters to wear a minimum of white-tailed deer and turkey on designated areas of the refuge in accordance with State 500 square inches (3,250 cm2) of solid-orange regulations subject to the following condi- clothing or material in a conspicuous man- tions: ner on their chest, back, and head. During 1. We allow shotgun and muzzleloader all other times, if you are engaged in hunting of white-tailed deer, as well as shot- woodcock hunting on the refuge, you must gun hunting of turkey, within the portions of wear a minimum of a solid-orange hat. the refuge located north of Hudson Road, ex- 6. We prohibit the use of electronic calls cept those areas north of Hudson Road that during any hunting season. are designated as ‘‘archery only’’ hunting on 7. We prohibit trimming or cutting of the current refuge hunting map. These arch- branches larger than the diameter of a quar- ery only hunting areas north of Hudson Road ter (see § 27.61 of this chapter). are those portions of the refuge that are ex- 8. We prohibit the marking any tree or ternal to Patrol Road from its southerly other refuge feature with flagging, paint, re- intersection with White Pond Road, north- flective material, or any other substance westerly and then easterly, to its intersec- (see § 27.61 of this chapter). tion with Old Marlborough Road. 9. You may scout hunting areas on the ref- 2. We allow archery deer and archery tur- uge once you have obtained a refuge permit. key hunting within all portions of the refuge Scouting may begin no earlier than 1 month during the hunting seasons for these species. from the opening day of the hunting season. 3. We require refuge permits. We limit the We prohibit the use of dogs during scouting. numbers of deer and turkey hunters allowed 10. We allow hunters to enter the refuge 11⁄2 to hunt on the refuge. If the number of appli- hours before legal hunting hours, and they cations to hunt these species received is must leave the refuge no later than 11⁄2 hours greater than the number of permits avail- after legal sunset. able, we will issue permits by random selec- 11. For seasons wherein State regulations tion. allow use of dogs, we allow no more than two 4. Conditions A3, A4, A6, A7, A8, A9, and dogs per hunting party. We prohibit the A10 apply. training of dogs on the refuge. 5. During seasons when it is legal to hunt B. Upland Game Hunting. We allow upland deer with a shotgun or muzzleloader, we re- game hunting on designated areas of the ref- quire all hunters, including archers, to wear uge in accordance with State regulations a minimum of 500 square inches (3,250 cm2) of subject to the following conditions: solid-orange clothing or material in a con- 1. We allow shotgun hunting for ruffed spicuous manner on their chest, back, and grouse, cottontail rabbit, and gray squirrel head. within those portions of the refuge located 6. You may use decoys to hunt turkey. north of Hudson Road, except those areas 7. We prohibit driving deer by any means north of Hudson Road designated as ‘‘archery on the refuge. only’’ hunting on the current refuge hunting 8. We prohibit construction or use of per- map. These archery only hunting areas north manent structures while hunting. We proof Hudson Road are those portions of the ref- hibit driving a nail, spike, screw, or other uge that are external to Patrol Road from its metal object into any tree or hunting from southerly intersection with White Pond any tree into which a nail, spike, screw, or Road, northwesterly and then easterly, to its other object has been driven (see § 32.2(i)). intersection with Old Marlborough Road. 9. You may use temporary tree stands 2. Conditions A2, A3, A4, A6, A7, A8, A9, while engaged in hunting deer during the ap- A10, and A11 apply. plicable archery, shotgun, or muzzleloader

292

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.40

deer seasons. You must remove all stands or 7. We prohibit the use of electronic calls any blinds by legal sunset each day (see during any hunting season. §§ 27.93 and 27.94 of this chapter). We require 8. We prohibit trimming or cutting of all tree stands to have the name and address branches larger than the diameter of a quar- of the owner clearly printed on the stand. ter (see § 27.61 of this chapter). 10. We prohibit possession of buckshot 9. We prohibit the marking any tree or while hunting during any season on the ref- other refuge feature with flagging, paint, re- uge. flective material or any other substance (see D. Sport Fishing. We allow sport fishing in § 27.61 of this chapter). Puffer Pond in accordance with State regula- 10. You may scout hunting areas on the tions subject to the following conditions: refuge once you have obtained a refuge per- 1. We allow fishing from nonmotorized ca- mit. Scouting may begin no earlier than 1 noes and car-top boats, as well as from des- month from the opening day of the hunting ignated locations on the banks of Puffer season. We prohibit the use of dogs during Pond. We prohibit the use of trailers to scouting. launch or retrieve canoes or boats on the ref- 11. We allow hunters to enter the refuge 11⁄2 uge. hours before legal hunting hours, and they 2. We allow catch and release fishing only. must leave the refuge no later than 11⁄2 hours 3. We prohibit the use of live bait. after legal sunset. 4. We prohibit lead sinkers. 12. We allow no more than two dogs per 5. We prohibit taking of frogs or turtles on hunting party. We prohibit the training of the refuge (see § 27.21 of this chapter). dogs on the refuge. 6. You may fish on Puffer Pond from 1⁄2 B. Upland Game Hunting. [Reserved] hour before legal sunrise to 1⁄2 hour after C. Big Game Hunting. We allow archery legal sunset. hunting of whitetail deer on designated areas 7. We prohibit night fishing or ice fishing of the refuge in accordance with State regu- on the refuge. lations subject to the following conditions: 8. We prohibit open fires anywhere on the 1. We allow archery hunting of whitetail refuge. deer within the portions of the Concord Unit 9. The refuge will provide designated park- of the refuge that are located north of Mas- ing areas for anglers. Consult the refuge sachusetts Route 225. We also allow archery manager for further details. hunting of whitetail deer within the portions of the Sudbury Unit of the refuge that are lo- GREAT MEADOWS NATIONAL WILDLIFE REFUGE cated north of Stonebridge Road in Wayland, A. Migratory Game Bird Hunting. We allow Massachusetts and south of Lincoln Road/ hunting of ducks and geese on designated Sherman’s Bridge Road on the Sudbury and areas of the refuge in accordance with State Wayland Town Line. regulations subject to the following condi- 2. We prohibit the use of firearms for hunt- tions: ing deer on the refuge. However, you may 1. We require refuge permits. We limit the archery hunt in the portions of the refuge numbers of waterfowl hunters allowed to that are open for deer hunting during the hunt on the refuge. If the number of applica- archery, shotgun, and muzzleloader seasons tions received to hunt waterfowl is greater established by the State. than the number of permits available, we 3. We require refuge permits. We limit the will issue permits by random selection. numbers of deer hunters allowed to hunt on 2. We will provide waterfowl hunters maps the refuge. If the number of applications re- showing the portions of the refuge des- ceived to hunt deer on the refuge is greater ignated as open. than the number of permits available, we 3. You must possess and carry all applica- will issue permits by random selection. ble hunting licenses, permits, stamps, and a 4. Conditions A3, A5, A7, A8, A9, A10, and photographic identification while hunting on A11 apply. the refuge. 5. During seasons when it is legal to hunt 4. We prohibit construction or use of any deer with a shotgun or muzzleloader, we re- permanent structure while hunting on the quire all hunters, including archers, to wear refuge. You must remove all temporary a minimum of 500 square inches (3,250 cm2) of blinds by legal sunset each day (see §§ 27.93 solid-orange clothing or material in a con- and 27.94 of this chapter). spicuous manner on their chest, back, and 5. We prohibit use of motorized vehicles on head. the refuge. 6. We prohibit the use of decoys to hunt 6. Except while hunting waterfowl from a deer on the refuge. blind or from a boat, you must wear a min- 7. We prohibit driving deer by any means imum of 500 square inches (3,250 cm2) of on the refuge. solid-orange clothing or material in a con- 8. We prohibit construction or use of per- spicuous manner on your chest, back, and manent structures while hunting. We pro- head during any season when it is legal to hibit driving nails, spikes, screws, or other hunt deer with a shotgun or muzzleloader. metal object into any tree or hunting from

293

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.40 50 CFR Ch. I (10–1–06 Edition)

any tree in which a nail, spike, screw, or cated south of Massachusetts Route 2 and other object has been driven (see § 32.2(i)). west of the B&M railroad tracks. 9. You may use temporary tree stands 2. We allow woodcock hunting within the while engaged in hunting deer. You must re- portions of the refuge south of Massachu- move all stands or any blinds by legal sunset setts Route 2 and west of the B&M railroad (see §§ 27.93 and 27.94 of this chapter). We re- tracks; north of Massachusetts Route 2 and quire all tree stands to have the name and south of Hospital Road; as well as within the address of the owner clearly printed on the portions of the refuge along the westerly side stand. of the Nashua River located north of the D. Sport Fishing. We allow sport fishing in commuter rail tracks in Shirley, Massachu- designated areas of the refuge in accordance setts. with State regulations subject to the fol- 3. We require refuge permits. We limit the lowing condition: We allow fishing along the numbers of waterfowl hunters allowed to main channels of the Concord and Sudbury hunt on the refuge. If the number of applica- Rivers and from designated banks of Heard tions received to hunt waterfowl is greater Pond. We limit access to Heard Pond to foot than the number of permits available, we traffic only. will issue permits by random selection. 4. You must possess and carry all applica- MONOMOY NATIONAL WILDLIFE REFUGE ble hunting licenses, permits, stamps, and a A. Migratory Game Bird Hunting. [Reserved] photographic identification while hunting on B. Upland Game Hunting. [Reserved] the refuge. C. Big Game Hunting. [Reserved] 5. We prohibit construction or use of any D. Sport Fishing. We allow fishing in des- permanent structure while hunting on the ignated areas of the refuge in accordance refuge. You must remove all temporary with State regulations subject to the fol- blinds each day (see §§ 27.93 and 27.94 of this lowing conditions: chapter). 1. We allow fishing on the portions of the 6. We prohibit use of motorized vehicles on Monomoy Islands that we do not post as the refuge. closed to public use from legal sunrise to 7. With the exception of waterfowl hunters legal sunset. hunting within a blind or from a boat, during 2. We allow surf fishing from the Morris Is- any season when it is legal to hunt deer with land shore 24 hours a day. a shotgun or muzzleloader, we require all hunters to wear a minimum of 500 square NANTUCKET NATIONAL WILDLIFE REFUGE inches (3,250 cm2) of solid-orange clothing or material in a conspicuous manner on their A. Migratory Game Bird Hunting. [Reserved] chest, back, and head. During all other B. Upland Game Hunting. [Reserved] times, if you are engaged in woodcock hunt- C. Big Game Hunting. [Reserved] ing on the refuge, you must wear a minimum D. Sport Fishing. We allow fishing in ac- of a solid-orange hat. cordance with State regulations subject to 8. We prohibit the use of electronic calls the following conditions: during any hunting season. 1. We close the western refuge shoreline 9. We prohibit trimming or cutting of and beach area to surf fishing during the pe- branches larger than the diameter of a quar- riod of April 15 through July 31 annually, ter (see § 27.51 of this chapter). and you may not operate a vehicle on the 10. We prohibit the marking any tree or west-facing beach and shoreline (see § 27.31 of other refuge feature with flagging, paint, re- this chapter). We only allow surf fishing on flective material, or any other substance the northeast-facing shoreline during this (see § 27.51 of this chapter). period of time. 11. You may scout hunting areas on the 2. We may close the northeast-facing refuge once you have obtained a refuge per- shoreline and beach if piping plover nesting mit. Scouting may begin no earlier than 1 is occurring in this portion of the refuge. month from the opening day of the hunting 3. We require a permit for the use of over- season. We prohibit the use of dogs during the-sand, surf-fishing vehicles. scouting. 4. If we do not otherwise close an area be- 12. We allow hunters to enter the refuge 11⁄2 cause of these conditions, we allow fishing 24 hours before legal hunting hours, and they hours a day. must leave the refuge no later than 11⁄2 hours after legal sunset. OXBOW NATIONAL WILDLIFE REFUGE 13. For seasons wherein State regulations A. Hunting of Migratory Game Birds. We allow use of dogs, we allow no more than two allow hunting of waterfowl, woodcock, and dogs per hunting party. We prohibit the common snipe on designated areas of the ref- training of dogs on the refuge. uge in accordance with State regulations B. Upland Game Hunting. We allow upland subject to the following conditions: game hunting on designated areas of the ref- 1. We allow waterfowl and common snipe uge in accordance with State regulations hunting within the portions of the refuge lo- subject to the following conditions:

294

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.40

1. We allow shotgun hunting of ruffed seasons when it is legal to hunt deer with a grouse, cottontail rabbit, and gray squirrels shotgun or muzzleloader, we require all within the areas of the refuge located south hunters, including archers, to wear a min- of Massachusetts Route 2 and west of the imum of 500 square inches (3,250 cm2) of B&M railroad tracks; north of Massachusetts solid-orange clothing or material in a con- Route 2 and south of Hospital Road; and, spicuous manner on their chest, back, and within the portions of the refuge along the head. westerly side of the Nashua River located 7. Hunters may only use decoys to hunt north of the commuter rail tracks in Shir- turkey. ley, Massachusetts, subject to the following 8. We prohibit driving deer by any means conditions: on the refuge. 2. We require refuge permits. 9. We prohibit construction or use of per- 3. You may possess only approved nontoxic manent structures while hunting. You may shot while in the field (see § 32.2(k)). not drive nails, spikes, screws or other metal 4. Conditions A4, A5, A6, A8, A9, A10, A11, object into any tree or hunt from any tree in A12, and A13 apply. which a nail, spike, screw or other object has 5. With the exception of waterfowl hunters been driven (see § 32.2(i)). hunting within a blind or from a boat, during 10. You may use temporary tree stands seasons when it is legal to hunt deer with a while engaged in hunting deer during the ap- shotgun or muzzleloader, we require all plicable archery, shotgun, or muzzleloader hunters, including archers and small game deer seasons. You must remove all stands or hunters, to wear a minimum of 500 square any blinds by legal sunset (see §§ 27.93 and inches (3,250 cm2) of solid-orange clothing or 27.94 of this chapter). We require all tree material in a conspicuous manner on their stands to have the name and address of the chest, back, and head. During all other owner clearly printed on the stand. times, if you are engaged in ruffed grouse, 11. We prohibit possession of buckshot squirrel, or cottontail rabbit hunting on the while hunting during any season on the ref- refuge, you must wear a minimum of a solid- uge. orange hat. D. Sport Fishing. We allow sport fishing C. Big Game Hunting. We allow hunting of along the banks of the Nashua River in ac- white-tailed deer and turkey on designated cordance with State regulations. areas of the refuge in accordance with State regulations subject to the following condi- PARKER RIVER NATIONAL WILDLIFE REFUGE tions: A. Migratory Game Bird Hunting. Hunting of 1. We allow shotgun, archery, and muzzle- waterfowl and coots is permitted on des- loader hunting of white-tailed deer, as well ignated areas of the refuge subject to the fol- as shotgun and archery hunting of turkey, lowing conditions: within the portions of the refuge located 1. Hunters may not use or possess more south of Massachusetts Route 2 and west of than 25 shells per day. the B&M railroad tracks. 2. Hunters using Area B must set out a 2. We allow archery deer and archery tur- minimum of six waterfowl decoys and hunt key hunting within the portions of the ref- within 50 yards of these decoys. uge located south of Massachusetts Route 2 B. Upland Game Hunting. [Reserved] and east of the B&M railroad tracks, as well C. Big Game Hunting. We allow hunting of as within the portions of the refuge along white-tailed deer on designated areas of the the easterly side of the Nashua River located Plum Island portion of the refuge in accord- north of the commuter rail tracks in Ayer, ance with State hunting regulations. You Massachusetts. may hunt deer on designated day(s) during 3. We allow archery deer hunting as well as the regular State shotgun season subject to shotgun and archery turkey hunting within the following conditions: the portions of the refuge located north of 1. We require that all hunters have a valid Massachusetts Route 2 and south of Hospital State hunting license, applicable deer tags, Road; and, within the portions of the refuge and firearms identification card (FID) or li- along the westerly side of the Nashua River cense to carry (LTC). The FID and LTC only located north of the commuter rail tracks in apply to Massachusetts residents. All hunt- Shirley, MA. ers regardless of age must possess and carry 4. We require refuge permits. We limit the a refuge permit. This is a quota hunt, and we numbers of deer and turkey hunters allowed will randomly select a limited number of to hunt on the refuge. If the number of appli- hunters from those that apply. You may cations received to hunt these species is apply by mail from September 1 until Octo- greater than the number of permits avail- ber 1. able, we will issue permits by random selec- 2. If selected from the random drawing, tion. you must attend a refuge-specific hunter ori- 5. Conditions A4, A6, A8, A9, A10, A11, and entation session prior to the hunt. A12 apply. 3. We only allow shotguns (slugs only) and 6. With the exception of waterfowl hunters shoulder-fired muzzleloaders (single projec- hunting within a blind or from a boat, during tile only) for our deer hunt.

295

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.41 50 CFR Ch. I (10–1–06 Edition)

4. You must check-in and out at the refuge KIRTLAND’S WARBLER WILDLIFE MANAGEMENT entrance gatehouse. AREA 5. We prohibit alcoholic beverages (See A. Migratory Game Bird Hunting. Hunting is § 32.2(j)). pursuant to State regulation. 6. We prohibit hunting from the North Pool B. Upland Game Hunting. Hunting is pursu- or Stage Island Observation towers. ant to State regulation. 7. We prohibit loaded firearms (see § 27.42 of C. Big Game Hunting. Hunting is pursuant this chapter) on or within 150 feet (45 m) of to State regulation. the refuge road. D. Sport Fishing. [Reserved] 8. You must bring all deer to the refuge SENEY NATIONAL WILDLIFE REFUGE deer check station located at our subhead- quarters 2.5 miles (4 km) south of the refuge A. Migratory Game Bird Hunting. We only entrance gate. This site is an official State allow hunting of woodcock and snipe on des- check station. ignated areas of the refuge in accordance 9. We will only allow permitted refuge with State regulations. hunters or those individuals hunting at B. Upland Game Hunting. We allow hunting Sandy Point State Reservation at the south- of ruffed grouse and snowshoe hare on des- ern end of Plum Island access to the refuge ignated areas of the refuge in accordance or Sandy Point on the day(s) of the deer with State regulations subject to the fol- hunt. lowing conditions: 1. We allow hunting of snowshoe hare on 10. We prohibit vehicular travel (emer- Unit B during the entire State season. gency excepted) on refuge roads from 1⁄2 hour 2. We only allow hunting of snowshoe hare before legal sunrise until 8:30 a.m. We pro- on Unit A from December 1 through March hibit accessing the refuge after 2:30 p.m. dur- 31. ing the deer hunt. C. Big Game Hunting. We allow hunting of 11. Parking regulations are subject to deer and bear on designated areas of the ref- change and will be determined based on the uge subject to the following condition: We do number of permitted hunters and available not allow the use of dogs while deer or bear hunt areas. We will provide this information hunting. in detail to all permitted hunters attending D. Sport Fishing. We allow fishing on des- the required hunter-orientation session. ignated areas of the refuge subject to the fol- D. Sport Fishing. Saltwater fishing is per- lowing conditions: mitted on designated areas of the refuge sub- 1. We do not allow the use of fishing ject to the following conditions: weights or lures containing lead. 1. We allow saltwater fishing on the ocean 2. We allow ice fishing from January 1 beach and the surrounding waters of the through the end of February from legal sun- Broad Sound. rise to legal sunset. 2. A permit is required for night fishing 3. We do not allow ice shanties, houses, or and for the use of over-the-sand surf-fishing shelters on F Pool. vehicles. 4. When ice fishing, we do not allow snowmobiles or all-terrain vehicles. We prohibit [58 FR 5064, Jan. 19, 1993, as amended at 58 all-terrain vehicles and snowmobiles on the FR 29075, May 18, 1993; 59 FR 6693, Feb. 11, refuge. 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 62043, 5. We allow fishing on designated refuge Dec. 4, 1995; 61 FR 46396, Sept. 3, 1996; 63 FR pools, and the Creighton, Driggs, and 46917, Sept. 3, 1998; 65 FR 30785, May 12, 2000; Manistique Rivers from May 15 through Sep- 65 FR 56404, Sept. 18, 2000; 66 FR 46358, Sept. tember 30 from legal sunrise to legal sunset. 4, 2001; 69 FR 54362, 54415, Sept. 8, 2004; 70 FR 6. We prohibit boats and flotation devices 54176, Sept. 13, 2005] on the refuge pools. 7. We prohibit motorized boats on the § 32.41 Michigan. Creighton and Driggs Rivers. The following refuge units have been SHIAWASSEE NATIONAL WILDLIFE REFUGE opened for hunting and/or fishing, and A. Migratory Game Bird Hunting. We allow are listed in alphabetical order with hunting of goose on designated areas in ac- applicable refuge-specific regulations. cordance with State regulations subject to the following conditions: HARBOR ISLAND NATIONAL WILDLIFE REFUGE 1. You must possess and carry a refuge permit. A. Migratory Game Bird Hunting. [Reserved] 2. We allow goose hunting on designated B. Upland Game Hunting. [Reserved] cropland fields until 12 p.m. (noon) with a re- C. Big Game Hunting. Hunting of white- quired checkout time of 1 p.m. tailed deer and black bear is permitted on 3. You may only possess approved nontoxic designated areas of the refuge. shotgun shells (see § 32.2(k)) in quantities of D. Sport Fishing. [Reserved] 10 or less.

296

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.42

4. We require hunters to stay within 50 feet 5. We allow the use of wheeled, non- (15 m) of posted site. motorized conveyance devices (i.e., bikes, re- B. Upland Game Hunting. [Reserved] trieval carts) except in the Wilderness Area. C. Big Game Hunting. We allow hunting of 6. We allow the use of nonmotorized boats white-tailed deer on designated areas of the and canoes. refuge in accordance with State regulations 7. We prohibit entry into the ‘‘Closed subject to the following conditions: Areas’’. 1. You must possess and carry a refuge per- 8. We prohibit camping. mit. D. Sport Fishing. [Reserved] 2. Hunters must wear in a visible manner on head, chest, and back a minimum of 400 BIG STONE NATIONAL WILDLIFE REFUGE 2 square inches (2,600 cm ) of solid-colored A. Migratory Game Bird Hunting. You may hunter orange clothing or material. not hunt any migratory game birds on the 3. We require that you must display a min- refuge. You may retrieve waterfowl taken 2 imum of 100 square inches (650 cm ) solid-col- outside the refuge boundary up to 100 yards ored, hunter-orange material on the external (90 m) inside the refuge. surface of portable blinds. B. Upland Game Hunting. We allow hunting 4. During muzzleloader hunts we require of partridge, pheasant, wild turkey, gray and only guns capable of firing one round before fox squirrel, cottontail and jack rabbit, red reloading. and gray fox, raccoon, and striped skunk on 5. We allow hunters with a State medical designated areas of the refuge in accordance permit to use crossbows. with State regulations subject to the fol- We allow sport fishing on D. Sport Fishing. lowing conditions: designated areas in accordance with State 1. You may possess only approved nontoxic regulations subject to the following condi- shot while hunting for partridge or ring- tions: necked pheasant. 1. We allow fishing by boat in navigable 2. You may hunt fox, raccoon, and striped waterways but not within any managed ref- skunk only during open seasons for other uge units. small game species. You may not use dogs 2. We allow bank fishing from legal sunrise while raccoon hunting. to legal sunset only at designated sites along 3. You may hunt only turkey if you have a the Spaulding Drain and the Tittabawassee valid State turkey hunting permit in your and Cass Rivers. possession. [58 FR 5064, Jan. 19, 1993, as amended at 59 4. We allow the use of hunting dogs, pro- FR 6693, Feb. 11, 1994; 59 FR 55186, Nov. 3, vided the dog is under the immediate control 1994; 67 FR 58946, Sept. 18, 2002; 69 FR 54362, of the hunter at all times during the State- 54415, Sept. 8, 2004] approved hunting season (see § 26.21(b) of this chapter). § 32.42 Minnesota. 5. We prohibit camping. The following refuge units have been C. Big Game Hunting. We allow hunting of white-tailed deer on designated areas of the opened for hunting and/or fishing, and refuge in accordance with State regulations are listed in alphabetical order with subject to the following conditions: applicable refuge-specific regulations. 1. Hunters may use portable stands. Hunt- ers may not construct or use permanent AGASSIZ NATIONAL WILDLIFE REFUGE blinds, permanent platforms, or permanent A. Migratory Game Bird Hunting. [Reserved] ladders. B. Upland Game Hunting. [Reserved] 2. You must remove all stands and personal C. Big Game Hunting. We allow hunting of property from the refuge by legal sunset white-tailed deer and moose on designated each day (see §§ 27.93 and 27.94 of this chap- areas of the refuge in accordance with State ter). regulations subject to the following condi- 3. We prohibit hunters occupying ground tions: and tree stands that are illegally set up or 1. Hunters may use portable stands. Hunt- constructed. ers may not construct or use permanent 4. We prohibit camping. blinds, permanent platforms, or permanent D. Sport Fishing. Fishing is permitted on ladders. designated areas of the refuge subject to the 2. You must remove all stands and personal following conditions: property from the refuge by legal sunset 1. Nonmotorized boats or boats with elec- each day (see §§ 27.93 and 27.94 of this chap- tric motors are permitted in the Minnesota ter). River channel only. 3. We prohibit hunters occupying ground 2. Bank fishing only is permitted on refuge and tree stands that are illegally set up or pools and open marshes. constructed. 3. Ice fishing shelters must be removed 4. We prohibit the use of snowmobiles and from the refuge following each day’s fishing ATVs. activities.

297

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.42 50 CFR Ch. I (10–1–06 Edition)

BIG STONE WETLAND MANAGEMENT DISTRICT brought onto the WPAs each day (see §§ 27.93 and 27.94 of this chapter). A. Migratory Game Bird Hunting. We allow 4. We allow the use of hunting dogs, pro- hunting of migratory game birds throughout vided the dog is under the immediate control the district in accordance with State regula- of the hunter at all times during the State- tions subject to the following conditions: approved hunting season. 1. We prohibit the use of motorized boats. 5. We prohibit camping. 2. We prohibit the construction or use of permanent blinds, stands, or scaffolds. B. Upland Game Hunting. We allow upland 3. You must remove all personal property, game hunting in accordance with State regu- which includes boats, decoys, and blinds lations throughout the district (except that brought onto the WPA each day (see §§ 27.93 we allow no hunting on the Headquarters and 27.94 of this chapter). Waterfowl Production Area [WPA] in Becker County, the Hitterdal WPA in Clay County, 4. We allow the use of hunting dogs, pro- and the McIntosh WPA in Polk County) sub- vided the dog is under the immediate control ject to the following conditions: Conditions of the hunter at all times during the State- A4 and A5 apply. approved hunting season (see § 26.21(b) of this chapter). C. Big Game Hunting. We allow big game 5. We prohibit camping. hunting in accordance with State regulations throughout the district, except that we B. Upland Game Hunting. We allow upland prohibit hunting on the Headquarters Water- game hunting throughout the district in ac- fowl Production Area (WPA) in Becker Coun- cordance with State regulations subject to ty, the Hitterdal WPA in Clay County, and the following conditions: Conditions A4 and the McIntosh WPA in Polk County. The fol- A5 apply. lowing conditions apply: C. Big Game Hunting. We allow big game hunting throughout the district in accord- 1. Hunters may use portable stands. Hunt- ance with State regulations subject to the ers may not construct or use permanent following conditions: blinds, permanent platforms, or permanent ladders. 1. Hunters may use portable stands. Hunt- ers may not construct or use permanent 2. You must remove all stands and personal blinds, permanent platforms, or permanent property from the WPAs each day (see §§ 27.93 ladders. and 27.94 of this chapter). 2. You must remove all stands and personal 3. We prohibit hunters occupying ground property from the WPAs each day (see §§ 27.93 and tree stands that are illegally set up or and 27.94 of this chapter). constructed. 3. We prohibit hunters occupying ground 4. Condition A5 applies. and tree stands that are illegally set up or D. Sport Fishing. We allow fishing in ac- constructed. cordance with State regulations throughout 4. Condition A5 applies. the district subject to the following condi- D. Sport Fishing. We allow fishing through- tions: out the district in accordance with State 1. You must remove all ice fishing shelters regulations subject to the following condi- and all other personal property from the tions: WPAs each day (see § 27.93 of this chapter). 1. We prohibit the use of motorized boats. 2. Condition A5 applies. 2. You must remove all ice fishing shelters and all other personal property from the FERGUS FALLS WETLAND MANAGEMENT WPAs each day (see § 27.93 of this chapter). DISTRICT 3. Condition A5 applies. A. Migratory Game Bird Hunting. We allow hunting of migratory game birds throughout DETROIT LAKES WETLAND MANAGEMENT the district (except that we allow no hunting DISTRICT on the Townsend, Headquarters, Mavis, and A. Migratory Game Bird Hunting. We allow Gilmore Waterfowl Production Areas (WPA) hunting of migratory game birds throughout in Otter Tail County, and Larson WPA in the district in accordance with State regula- Douglas County) in accordance with State tions, except that we prohibit hunting on the regulations subject to the following condi- Headquarters Waterfowl Production Area tions: (WPA) in Becker County, the Hitterdal WPA 1. We prohibit the use of motorized boats. in Clay County, and the McIntosh WPA in 2. You must remove boats, decoys, blinds, Polk County. The following conditions and blind materials (see § 27.93 of this chap- apply: ter) brought onto the WPAs at the end of 1. We prohibit the use of motorized boats. each day. 2. We prohibit the construction or use of 3. During the State-approved hunting sea- permanent blinds, stands, or scaffolds (see son, we allow the use of hunting dogs, pro- §§ 27.93 and 27.94 of this chapter). vided the dog is under the immediate control 3. You must remove all personal property, of the hunter at all times (see § 26.21(b) of which includes boats, decoys, and blinds this chapter).

298

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.42

4. We prohibit the construction or use of 2. Condition A2 applies. permanent blinds, stands, or scaffolds (see D. Sport Fishing. [Reserved] §§ 27.93 and 27.94 of this chapter). 5. We prohibit hunters occupying ground LITCHFIELD WETLAND MANAGEMENT DISTRICT and tree stands that are illegally set up or A. Migratory Game Bird Hunting. We allow constructed. hunting of migratory game birds throughout 6. We prohibit camping. the district except we prohibit hunting on B. Upland Game Hunting. We allow upland the Phare Lake Waterfowl Production Area game hunting throughout the district (ex- in Renville County. All hunting is in accord- cept that we prohibit hunting on the Town- ance with State regulations subject to the send, Headquarters, Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA following conditions: in Douglas County) in accordance with State 1. You must remove boats, decoys, and regulations subject to the following condi- other personal property following each day’s tions: Conditions A3 and A6 apply. hunt. C. Big Game Hunting. We allow big game 2. You must remove portable or temporary hunting throughout the district (except that blinds and any material brought onto the we allow no hunting on the Townsend, Head- area for blind construction following each quarters, Mavis, and Gilmore WPAs in Otter day’s hunt. Tail County, and Larson WPA in Douglas 3. We prohibit the use of motorized boats. County) in accordance with State regula- 4. We allow the use of hunting dogs, pro- tions subject to the following conditions: vided the dog is under the immediate control 1. We prohibit the construction or use of of the hunter at all times (see § 26.21(b) of permanent blinds, platforms, or ladders. this chapter). 2. You must remove all portable hunting 5. We prohibit camping. stands and blinds from the area at the end of B. Upland Game Hunting. We allow upland each day (see § 27.93 of this chapter). game hunting throughout the district (ex- 3. Condition A6 applies. cept we prohibit hunting on the Phare Lake D. Sport Fishing. We allow sport fishing Waterfowl Production Area in Renville throughout the district (except that we County) in accordance with State regula- allow no fishing on the Townsend, Head- tions subject to the following conditions: quarters, Mavis, and Gilmore WPAs in Otter Conditions A4 and A5 apply. Tail County and Larson WPA in Douglas C. Big Game Hunting. We allow big game County) in accordance with State regula- hunting throughout the district, except we tions subject to the following conditions: prohibit hunting on the Phare Lake Water- 1. Conditions A1 and A6 apply. fowl Production Area in Renville County. 2. You must remove all ice fishing struc- Hunting is in accordance with State regula- tures, devices, and personal property (see tions subject to the following conditions: § 27.93 of this chapter) brought onto the area 1. We do not allow construction or use of following each day of fishing. permanent blinds, stands, or platforms. GLACIAL RIDGE NATIONAL WILDLIFE REFUGE 2. You must remove all temporary blinds, stands, or platforms following each day’s A. Migratory Game Bird Hunting. We allow hunt. hunting of goose, duck, coot, woodcock, 3. Condition A5 applies. snipe, rail, and mourning dove on designated D. Sport Fishing. We allow sport fishing areas of the refuge in accordance with State throughout the district in accordance with regulations subject to the following condi- State regulations subject to the following tions: conditions: 1. We prohibit all types of watercraft. 1. We prohibit the use of motorized boats. 2. We restrict vehicles to designated park- 2. You must remove all ice fishing struc- ing lots (see § 27.31 of this chapter). tures, devices, and personal property (see B. Upland Game Hunting. We allow hunting § 27.93 of this chapter) brought onto the area of prairie chicken and sharp-tailed grouse on at the end of the day. designated areas of the refuge in accordance 3. Condition A5 applies. with State regulations subject to the following conditions: MINNESOTA VALLEY NATIONAL WILDLIFE 1. Only those hunters selected by the Min- REFUGE nesota Department of Natural Resources to hunt prairie chicken may hunt sharp-tailed A. Migratory Game Bird Hunting. We allow grouse. hunting of goose, duck, and coot on des- 2. Condition A2 applies. ignated areas of the refuge in accordance C. Big Game Hunting. We allow hunting of with State regulations subject to the fol- white-tailed deer on designated areas of the lowing conditions: refuge in accordance with State regulations 1. We require permit for special hunts. subject to the following conditions: 2. We prohibit the use of motorized boats. 1. You must remove all stands from the 3. We prohibit the construction or use of refuge at the end of each day’s hunt. permanent blinds, stands, or scaffolds.

299

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.42 50 CFR Ch. I (10–1–06 Edition)

4. You must remove all personal property, approved hunting season (see § 26.21(b) of this which includes boats, decoys, and blinds chapter). brought onto the refuge each day (see §§ 27.93 5. We prohibit camping. and 27.94 of this chapter). B. Upland Game Hunting. We allow upland 5. We allow the use of hunting dogs, pro- game hunting throughout the district in ac- vided the dog is under the immediate control cordance with State regulations subject to of the hunter at all times during the State- the following conditions: Conditions A4 and approved hunting season. A5 apply. 6. We prohibit entry to hunting areas ear- C. Big Game Hunting. We allow big game lier than 2 hours before legal shooting hours. hunting throughout the district in accord- 7. We prohibit camping. ance with State regulations subject to the B. Upland Game Hunting. Hunters may hunt following conditions: upland game, except for furbearers and 1. Hunters may use portable stands. Hunt- crows, on designated areas of the refuge con- ers may not construct or use permanent sistent with State regulations, subject to the blinds, permanent platforms, or permanent following conditions: ladders. 1. Hunters may only use shotguns and bows 2. Hunters may not possess single shot pro- and arrows in designated areas. jectiles (shotgun slugs or bullets) on the 2. You may possess only approved nontoxic Soberg Waterfowl Production Area. shot while in the field. 3. You must remove all stands and personal 3. We allow the use of .22 caliber rimfire ri- property from the WPAs at the end of each fles on designated areas of the refuge. day (see §§ 27.93 and 27.94 of this chapter). 4. Conditions A5 and A7 apply. 4. We prohibit hunters occupying ground C. Big Game Hunting. Hunting of white- and tree stands that are illegally set up or tailed deer is permitted on designated areas constructed. of the refuge subject to the following condi- 5. Condition A5 applies. tions: D. Sport Fishing. We allow sport fishing 1. Permits may be required. throughout the district in accordance with 2. The construction or use of permanent State regulations subject to the following blinds or platforms is not permitted. conditions: 3. All portable stands must be removed 1. Conditions A1 and A5 apply. from the refuge at the end of each day’s 2. You must remove all ice fishing shelters hunt. and all other personal property from the 4. Hunters may not use or possess single WPAs each day (see §§ 27.93 and 27.94 of this shot projectiles (shotgun slugs, or bullets) on chapter). the Soberg Waterfowl Production Area. 5. We prohibit the possession of centerfire MORRIS WETLAND MANAGEMENT DISTRICT rifles or handguns on the refuge. A. Migratory Game Bird Hunting. We allow 6. We allow the use of shotguns and hunting of migratory game birds throughout muzzleloaders on designated areas. the district except that we prohibit hunting 7. Conditions A6 and A7 apply. on the designated portions of the Edward- D. Sport Fishing. Fishing is permitted on Long Lake Waterfowl Production Area designated areas of the refuge subject to the (WPA) in Stevens County in accordance with following conditions: State regulations subject to the following 1. Only bank fishing is permitted. conditions: 2. Ice fishing is permitted when ice condi- 1. We prohibit the use of motorized boats. tions are safe. 2. You must remove boats, decoys, blinds, 3. Ice fishing shelters must be removed and blind materials (see § 27.93 of this chap- from the refuge following each day’s fishing ter) at the end of each day. activity. 3. We allow the use of hunting dogs, provided the dog is under the immediate control MINNESOTA VALLEY WETLAND MANAGEMENT of the hunter at all times during the State- DISTRICT approved hunting season (see § 26.21(b) of this A. Migratory Game Bird Hunting. We allow chapter). hunting of migratory game birds throughout 4. We prohibit camping. the district in accordance with State regula- B. Upland Game Hunting. We allow hunting tions subject to the following conditions: of upland game, except that we prohibit 1. We prohibit the use of motorized boats. hunting on the designated portions of the 2. We prohibit the construct or use of per- Edward-Long Lake Waterfowl Production manent blinds, stands, or scaffolds. Area in Stevens County, in accordance with 3. You must remove all personal property, State regulations subject to the following which includes boats, decoys, and blinds conditions: Conditions A3 and A4 apply. brought onto the WPAs each day (see §§ 27.93 C. Big Game Hunting. We allow hunting of and 27.94 of this chapter). deer throughout the district except that we 4. We allow the use of hunting dogs, pro- prohibit hunting on the designated portions vided the dog is under the immediate control of the Edward-Long Lake Waterfowl Produc- of the hunter at all times during the State- tion Area in Stevens County in accordance

300

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.42

with State regulations subject to the fol- 3. We prohibit the use of motorized lowing conditions: watercraft. 1. We prohibit the construction or use of 4. Condition A5 applies. permanent blinds, platforms, or ladders. D. Sport Fishing. [Reserved] 2. You must remove all portable hunting stands and blinds from the area at the end of RICE LAKE NATIONAL WILDLIFE REFUGE each day (see § 27.93 of this chapter). A. Migratory Game Bird Hunting. We allow 3. Condition A4 applies. hunting of woodcock and common snipe on D. Sport Fishing. We allow fishing through- designated areas in accordance with State out the district except that we prohibit fish- regulations subject to the following condi- ing on the designated portions of the Ed- tions: ward-Long Lake Waterfowl Production Area 1. Shotgun hunters may possess only ap- (WPA) in Stevens County in accordance with proved nontoxic shot while in the field. State regulations subject to the following 2. We require that the visible portion of at conditions: least one article of clothing worn above the 1. Conditions A1 and A4 apply. waist be blaze orange. 2. You must remove all ice fishing struc- 3. We allow the use of hunting dogs, pro- tures, devices, and personal property (see vided the dog is under the immediate control § 27.93 of this chapter) brought onto the WPA of the hunter at all times during the State- at the end of each day’s fishing. approved hunting season (see § 26.21(b) of this chapter). NORTHERN TALLGRASS PRAIRIE NATIONAL 4. We prohibit camping. WILDLIFE REFUGE B. Upland Game Hunting. We allow hunting A. Migratory Game Bird Hunting. We allow of ruffed grouse, spruce grouse, gray and fox hunting of migratory game birds on des- squirrels, cottontail rabbit, and snowshoe ignated areas in accordance with State regu- hare on designated areas of the refuge in ac- lations subject to the following conditions: cordance with State regulations subject to 1. You must remove boats, decoys, portable the following conditions: or temporary blinds, materials brought onto 1. Shotgun hunters may possess only ap- the refuge, and other personal property at proved nontoxic shot while hunting upland the end of each day’s hunt. game species. 2. We prohibit the construction or use of 2. We require that the visible portion of at permanent blinds, stands, or scaffolds. least one article of clothing worn above the 3. We prohibit the use of motorized waist be blaze orange. watercraft. 3. Conditions A3 and A4 apply. 4. We allow the use of hunting dogs, pro- C. Big Game Hunting. Hunting of white- vided the dog is under the immediate control tailed deer is permitted on designated areas of the hunter at all times during the State- of the refuge subject to the following condi- approved hunting season (see § 26.21(b) of this tions: chapter). 1. The construction or use of permanent 5. We prohibit camping. blinds, platforms or ladders is not permitted. B. Upland Game Hunting. We allow hunting 2. All stands must be removed from the ref- of upland game on designated areas in ac- uge at the end of each day’s hunt. cordance with State regulations subject to 3. Permits are required for firearms hunt- the following conditions: ing. 1. Hunters may possess only approved 4. Hunting of deer on the Rice Lake Unit is nontoxic shot while in the field. by firearm and archery; hunting on the 2. We prohibit the use of dogs for hunting Sandstone Unit is by archery only. furbearers. We allow the use of hunting dogs, 5. Condition A4 applies. provided the dog is under the immediate con- D. Sport Fishing. Fishing is permitted on trol of the hunter at all times during the designated areas of the refuge subject to the State-approved hunting season (see § 26.21(b) following conditions: of this chapter). 1. Fishing from non-motorized boats or 3. Hunters may take weasel, coyote, go- boats powered by electric motors is per- pher, crow, and all other species for which mitted only in designated areas. there is no closed season only during a 2. Ice fishing is permitted on Mandy Lake State-designated open season for other up- when ice conditions are safe. land game species. 3. Ice fishing shelters must be removed 4. Condition A5 applies. from the refuge following each day’s fishing C. Big Game Hunting. We allow hunting of activity. big game in accordance with State regula- 4. Condition A4 applies. tions subject to the following conditions: RYDELL NATIONAL WILDLIFE REFUGE 1. We prohibit the construction or use of permanent blinds, stands, or scaffolds. A. Migratory Game Bird Hunting. [Reserved] 2. You must remove all temporary blinds, B. Upland Game Hunting. [Reserved] stands, and scaffolds at the end of each day’s C. Big Game Hunting. Hunting of white- hunt. tailed deer is permitted on designated areas

301

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.42 50 CFR Ch. I (10–1–06 Edition)

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 to hunt white- refuge in accordance with State regulation tailed deer in the Special Permit Area of the subject to the following conditions: refuge. 1. The construction or use of permanent 2. Hunting in the Special Permit Area is blinds, platforms or ladders is not permitted. permitted with firearms only. 2. All stands must be removed from the ref- 3. Hunters may not construct or use per- uge at the end of each day’s hunt. manent blinds, permanent platforms, or per- 3. You must dismantle hunting blinds, manent ladders. Hunters may use portable platforms, and ladders made from natural stands, but must remove them from the ref- vegetation at the end of each day. uge at the end of each day’s hunt. 4. We prohibit the possession of firearms or 4. Hunters who harvest deer in the Special archery equipment on areas closed to white- Permit Area must take their deer to the ref- tailed deer hunting. uge check station. 5. We prohibit deer pushes or deer drives in 5. We prohibit camping. the areas closed to deer hunting. D. Sport Fishing. We allow sport fishing on 6. Conditions A4 and A7 apply. Tamarac Lake in accordance with State reg- D. Sport Fishing. Fishing is permitted on ulations subject to the following conditions: designated areas of the refuge subject to the 1. We only allow fishing from designated following conditions: fishing piers. 1. Fishing is permitted on the St. Francis 2. We allow fishing from May 1 to Novem- River only. ber 1. 2. Nonmotorized boats are permitted only 3. We allow parking at designated parking on designated areas of St. Francis River and lots only (see § 27.31 of this chapter). must be launched from designated access 4. Condition C5 applies. points. A. Migratory Game Bird Hunting. We allow hunting of goose, duck, coot, rail, woodcock, TAMARAC NATIONAL WILDLIFE REFUGE and snipe on designated areas of the refuge in accordance with State regulations subject A. Migratory Game Bird Hunting. We allow to the following conditions: the hunting of goose, duck, coot, woodcock, 1. Field possession of migratory game birds and snipe on designated areas of the refuge is not permitted on refuge areas closed to in accordance with State regulations subject migratory game bird hunting. to the following conditions: 2. Only nonmotorized boats are permitted, 1. Hunting by tribal members is in accord- and they must be launched at designated ac- ance with White Earth Reservation regula- cess sites. tions on those portions of the Reservation 3. Boats, decoys and blinds must be re- that are a part of the refuge. moved from the refuge following each day’s 2. You must remove all personal property, hunt except for blinds made entirely of which includes boats, decoys, and blinds marsh vegetation. brought onto the refuge each day (see §§ 27.93 4. We prohibit entry to hunting areas ear- and 27.94 of this chapter). lier than 2 hours before legal shooting hours. 3. We allow the use of hunting dogs, pro- 5. We prohibit hunting during the State vided the dog is under the immediate control Special Goose Hunt (the early September of the hunter at all times, during the State- and late December Canada goose hunting approved hunting season (see § 26.21(b) of this seasons). chapter). 6. We allow the use of hunting dogs, pro- 4. We prohibit camping. vided the dog is under the immediate control B. Upland Game Hunting. We allow hunting of the hunter at all times, during the State- of ruffed grouse, red, gray, and fox squirrel, approved hunting season (see § 26.21(b) of this cottontail rabbit, jackrabbit, snowshoe hare, chapter). red fox, raccoon, and striped skunk on des- 7. We prohibit camping. ignated areas of the refuge in accordance B. Upland Game Hunting. We allow hunting with State regulations subject to the fol- of ruffed grouse, ring-necked pheasant, gray lowing conditions: and fox squirrel, snowshoe hare, cottontail 1. Hunting by tribal members is in accord- rabbit, and jackrabbit on designated areas of ance with White Earth Reservation regula- the refuge in accordance with State regulations on those parts of the Reservation that tions subject to the following conditions: are part of the refuge. 1. Shotgun hunters may possess only ap- 2. You may only hunt red fox, raccoon, and proved nontoxic shot while hunting for all striped skunk from 1⁄2 hour before legal sun- upland game species. rise until legal sunset from September 1 2. We prohibit field possession of upland through the last day of February. game species on areas closed to upland game 3. Shotgun hunters may possess only ap- hunting. proved nontoxic shot while hunting for all 3. Conditions A6 and A7 apply. upland game species.

302

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

4. We require hunters to wear at least one 5. We prohibit camping. article of blaze orange clothing visible above B. Upland Game Hunting. We allow hunting the waist. of upland game throughout the district ex- 5. Conditions A3 and A4 apply. cept that you may not hunt on the Wor- C. Big Game Hunting. We allow hunting of thington WPA in Nobles County, Head- white-tailed deer on designated areas of the quarters WPA in Jackson County, or des- refuge in accordance with State regulations ignated portions of the Wolf Lake WPA in subject to the following conditions: Cottonwood County. 1. Hunting by tribal members is in accord- C. Big Game Hunting. We allow hunting of ance with White Earth Reservation regula- big game throughout the district in accord- tions on those parts of the Reservation that ance with State regulations subject to the are part of the refuge. following conditions: 2. The construction or use of permanent 1. We prohibit hunting on the Worthington blinds, platforms or ladders is not permitted. WPA in Nobles County, Headquarters WPA 3. All stands must be removed from the ref- in Jackson County, and designated portions uge at the end of each day’s hunt. of the Wolf Lake WPA in Cottonwood Coun- 4. Condition A4 applies. ty. D. Sport Fishing. We allow fishing on des- 2. We allow the use of portable stands. ignated areas of the refuge between the Hunters may not construct or use permanent hours of 5 a.m. and 10 p.m. in accordance blinds, permanent platforms, or permanent with State regulations subject to the fol- ladders. lowing conditions: 3. You must remove all stands and personal 1. We allow fishing in North Tamarac property from the WPAs at the end of each Lake, Wauboose Lake, and Two Island Lake day (see §§ 27.93 and 27.94 of this chapter). all year in accordance with State and/or 4. We prohibit hunters occupying ground White Earth Reservation regulations. and tree stands that are illegally set up or 2. We allow fishing in Blackbird Lake and constructed. Lost Lake from the first day of the State D. Sport Fishing. We allow fishing through- walleye season through Labor Day under out the district in accordance with State State and/or White Earth Reservation regu- regulations subject to the following condi- lations. tions: 3. We only allow bank fishing in an area 50 1. Conditions A2 and A5 apply. yards (45 m) on either side of the Ottertail 2. You must remove all ice fishing shelters River Bridges on County Roads #26 and #126 and other personal property from the WPAs during State seasons. each day (see § 27.93 of this chapter). 4. We allow fishing in Pine Lake from De- [58 FR 5064, Jan. 19, 1993, as amended at 58 cember 1 until March 31. FR 29075, May 18, 1993; 58 FR 29085, May 18, 5. You must remove all ice fishing shelters 1993; 59 FR 6693, Feb. 11, 1994; 59 FR 55186, and all other personal property from the ref- 55196, Nov. 3, 1994; 60 FR 62043, Dec. 4, 1995; 61 uge each day (see §§ 27.93 and 27.94 of this FR 46396, Sept. 3, 1996; 62 FR 47379, Sept. 9, chapter). 1997; 63 FR 46917, Sept. 3, 1998; 65 FR 30785, 6. Condition A4 applies. May 12, 2000; 65 FR 56404, Sept. 18, 2000; 66 FR 46358, Sept. 4, 2001; 67 FR 58946, Sept. 18, 2002; UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE 68 FR 57317, Oct. 2, 2003; 69 FR 54362, 54416, AND FISH REFUGE Sept. 8, 2004; 70 FR 54178, Sept. 13, 2005] Refer to § 32.32 Illinois for regulations. § 32.43 Mississippi. WINDOM WETLAND MANAGEMENT DISTRICT The following refuge units have been A. Migratory Game Bird Hunting. We allow opened for hunting and/or fishing, and hunting of migratory game birds throughout are listed in alphabetical order with the district in accordance with State regulations subject to the following conditions: applicable refuge-specific regulations. 1. We prohibit hunting on the Worthington BOGUE CHITTO NATIONAL WILDLIFE REFUGE Waterfowl Production Area (WPA) in Nobles County, or designated portions of the Wolf Refer to § 32.37 Louisiana for regulations. Lake WPA in Cottonwood County. DAHOMEY NATIONAL WILDLIFE REFUGE 2. We prohibit the use of motorized boats. 3. You must remove all personal property, A. Migratory Game Bird Hunting. We allow which includes boats, decoys, and blinds hunting of migratory waterfowl, coot, snipe, brought onto the WPAs at the end of each and woodcock on designated areas of the ref- day (see §§ 27.93 and 27.94 of this chapter). uge in accordance with State regulations 4. We allow the use of hunting dogs, pro- subject to the following conditions: vided the dog is under the immediate control 1. Youth hunters age 15 and under must of the hunter at all times during the State- possess and carry a hunter safety course card approved hunting season (see § 26.21(b) of this or certificate. Each youth hunter must re- chapter). main within sight and normal voice contact

303

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.43 50 CFR Ch. I (10–1–06 Edition)

of an adult age 21 or older. All hunters must move the fluorescent orange while actually possess and carry a valid, signed refuge hunt- hunting. ing permit certifying that you understand 10. We only allow dogs on the refuge when and will comply with all regulations, and specifically authorized for hunting. We en- hunters must carry a State license and a courage the use of dogs to retrieve dead or signed Federal and State duck stamp on wounded waterfowl. Dogs must remain in the their person while hunting on the refuge. immediate control of their handlers at all Hunters born after January 1, 1972, also must times (see § 26.21(b) of this chapter). carry a Hunter Education Safety Course card 11. You must remove decoys, blinds, other or certificate. You may obtain permits at personal property, and litter (see §§ 27.93 and North Mississippi Refuges Complex Head- 27.94 of this chapter) from the hunting area quarters, 2776 Sunset Drive, Grenada, Mis- following each morning’s hunt. We prohibit sissippi 38901, or at the Dahomey National cutting or removing trees and other vegeta- Wildlife Refuge Office, Box 831, Highway 446, tion (see § 27.51 of this chapter). We prohibit Boyle, Mississippi 38730, or by mail from the the use of flagging, paint, blazes, tacks, or above addresses. other types of markers. 2. All users may enter the refuge 2 hours 12. We prohibit ATVs (see § 27.31(f) of this before legal sunrise and must exit the refuge chapter), horses, and mules on the refuge. no later than 2 hours after legal sunset. We B. Upland Game Hunting. We allow hunting prohibit entering or remaining on the refuge of quail, squirrel, rabbit, beaver, nutria, rac- before or after hours. coon, coyotes, and opossum on designated 3. We only allow hunting of migratory areas of the refuge in accordance with State game birds on Wednesdays, Saturdays, and regulations subject to the following condi- Sundays, from 1⁄2 hour before legal sunrise to tions: 12 p.m. (noon). Hunters must remove all de- 1. Conditions A1, A4, A5, A8, and A12 apply. coys, blind material (see § 27.93 of this chap- 2. We restrict all public use to the period ter), and harvested waterfowl from the area beginning 2 hours before legal sunrise and no later than 1 p.m. each day. After duck, ending 2 hours after legal sunset. We pro- merganser, and coot season closes, you may hibit entering or remaining on the refuge be- hunt goose daily from 1⁄2 hour before legal fore or after hours. We establish special pro- sunrise until legal sunset. visions for raccoon hunting; contact the ref- 4. Each hunter must obtain a daily User In- uge office for details. formation Card (pink) available at each ref- 3. You may only possess shotguns with ap- uge information station and follow the print- proved nontoxic shotgun shot (see § 32.2(k)) ed instructions on the card. Hunters must and .22 caliber rifles. We prohibit all hand- place the card in plain view on the dashboard guns. of their vehicle so the personal information 4. All hunters or persons on the refuge for is readable. Prior to leaving the refuge, you any reason during any open refuge hunting must complete the reverse side of the card season must wear a minimum of 500 square and deposit it at one of the hunter informa- inches (3,250 cm2) of visible, unbroken, fluo- tion stations. Include all game harvested, rescent orange-colored material above the and if there is none, report ‘‘0.’’ waistline. 5. We may close certain areas of the refuge 5. We only allow dogs on the refuge after for sanctuary or administrative purposes. We the general Gun Deer Hunt. Dogs must re- will mark such areas with ‘‘No Hunting’’ or main in the immediate control of their han- ‘‘Area Closed’’ signs. dlers at all times (see § 26.21(b) of this chap- 6. We prohibit handguns of all kinds. ter). 7. Waterfowl hunters may leave boats 6. We prohibit cutting or removing trees meeting all State registration requirements and other vegetation (see § 27.51 of this chap- on refuge water bodies throughout the water). We prohibit the use of flagging, paint, terfowl season. You must remove boats (see blazes, tacks, or other types of markers. § 27.93 of this chapter) within 72 hours after C. Big Game Hunting. We allow hunting of the season closes. white-tailed deer, turkey, and feral hog on 8. We restrict motor vehicle use to roads designated areas of the refuge in accordance designated as vehicle access roads on the ref- with State regulations subject to the fol- uge map (see § 27.31 of this chapter). We pro- lowing conditions: hibit blocking access to any road or trail en- 1. Conditions A1, A4, A5, A6, A8, and A12 tering the refuge (see § 27.31(h) of this chap- apply. ter). 2. We restrict all public use to 2 hours be- 9. All hunters or persons on the refuge for fore legal sunrise until 2 hours after legal any reason during any open refuge hunting sunset. We prohibit entering or remaining on season must wear a minimum of 500 square the refuge before or after hours. inches (3,250 cm2) of visible, unbroken, fluo- 3. All hunters or persons on the refuge for rescent orange-colored material above the any reason during any open refuge hunting waistline. Waterfowl hunters must comply season must wear a minimum of 500 square while walking/boating to and from actual inches (3,250 cm2) of visible, unbroken, fluo- hunting area. Waterfowl hunters may re- rescent orange-colored material above the

304

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00314 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

waistline. We do not require this for turkey fishing permit in your possession when fish- hunting. ing on the refuge. You may obtain permits at 4. We prohibit dogs for any big game hunt. North Mississippi Refuges Complex Head- 5. We prohibit use or possession of any drug quarters, 2776 Sunset Drive, Grenada, Mis- or device for employing such drug for hunt- sissippi 38901, or at the Dahomey National ing (see § 32.2(g)). Wildlife Refuge Office, Box 381, Highway 446, 6. We prohibit organized drives for deer. Boyle, Mississippi 38730, or by mail from the 7. We prohibit hunting or shooting across above addresses. any open, fallow, or planted field from 2. We close the refuge to fishing from Octo- ground level or on or across any public road, ber 1 through February 28. public highway, railroad, or their right-of- 3. We allow fishing in bar pits along the way during all general gun and primitive Corps of Engineers levee only. weapon hunts. 4. We prohibit possession of any weapon 8. You may erect portable deer stands (see while fishing on the refuge. This does not in- § 32.2i)) 2 weeks prior to the opening of arch- clude fishing knives unless they are longer ery season on the refuge, and you must re- than 3 inches (7.5 cm). move them by January 31 (see § 27.93 of this 5. We prohibit possession or use of jugs, chapter). We prohibit cutting or removing seines, nets, hand-grab baskets, slat traps/ trees and other vegetation (see § 27.51 of this baskets, or any other similar devices and chapter). We prohibit the use of flagging, commercial fishing of any kind. paint, blazes, tacks, or other types of mark- 6. We allow trotlines, yo-yos, limb lines, ers. crawfish traps, or any other similar devices D. Sport Fishing. We allow fishing on des- for recreational use only, and you must tag ignated areas of the refuge in accordance or mark them with waterproof ink, legibly with State regulations subject to the fol- inscribed or legibly stamped on the tag with lowing conditions: your full name and full residence address, in- 1. All anglers must possess and carry a cluding zip code. You must attend these de- valid, signed refuge fishing permit certifying vices a minimum of once daily. If you are that you understand and will comply with not going to attend these devices, you must all regulations. remove them from the refuge. 2. We close the refuge to fishing from Octo- 7. We prohibit snagging or attempting to ber 1 through February 28. snag fish. 3. We prohibit possession of any weapon 8. We allow crawfishing. (see § 27.42 of this chapter) while fishing on 9. We allow taking of frogs by Special Use the refuge. Permit only. 4. We prohibit possession or use of jugs, seines, nets, hand-grab baskets, slat traps/ GRAND BAY NATIONAL WILDLIFE REFUGE baskets, or any other similar devices and A. Migratory Game Bird Hunting. We allow commercial fishing of any kind. hunting of goose, duck, coot, and mourning 5. We allow trotlines, yo-yos, limb lines, dove on designated areas of the refuge in ac- crawfish traps, or any other similar devices cordance with State regulations subject to for recreational use only. You must tag or the following conditions: mark these devices with your full name, full 1. We allow hunting from 30 minutes before residence address including zip code, written legal sunrise until 12 p.m. (noon) on Satur- with waterproof ink, legibly inscribed or leg- days, Sundays, Wednesdays, and Thursdays. ibly stamped on the tag. You must attend Hunters may enter the refuge 2 hours before these devices a minimum of once a day. If legal sunrise. Hunters must remove all de- you do not attend these devices (see § 27.93 of coys, blind material (see § 27.93 of this chap- this chapter), you must remove them from ter), and harvested waterfowl from the area the refuge. no later than 1 p.m. each day. 6. We prohibit snagging or attempting to 2. You must only use portable or tem- snag fish. porary blinds. 7. We allow crawfishing. 3. You may only possess approved nontoxic 8. We only allow the taking of frog by Spe- shot (see § 32.2(k)) while hunting waterfowl in cial Use Permit. the field. 4. The refuge is a day-use area only with COLDWATER NATIONAL WILDLIFE REFUGE the exception of legal hunting activities. A. Migratory Game Bird Hunting. [Reserved] 5. We prohibit the use of all-terrain vehi- B. Upland Game Hunting. [Reserved] cles on all refuge hunts. C. Big Game Hunting. [Reserved] 6. We prohibit target practice on refuge D. Sport Fishing. We allow fishing on des- property. ignated areas of the refuge in accordance 7. We prohibit mules and horses on refuge with State regulations subject to the fol- hunts. lowing conditions: 8. We allow retrievers for waterfowl hunt- 1. All persons fishing who are 16 years of ing. We require all dogs to wear a collar dis- age and older must carry a State license on playing the owner’s name, address, and tele- the refuge. You must have a signed refuge phone number.

305

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00315 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.43 50 CFR Ch. I (10–1–06 Edition)

9. You must unload and case or dismantle 4. Hunters must remove all decoys, blind firearms (see § 27.42(b) of this chapter) before material (see § 27.93 of this chapter), and har- transporting them in a vehicle or boat with- vested waterfowl from the area no later than in the boundaries of the refuge or along 1 p.m. each day. rights-of-way for public or private land with- 5. Youth hunters age 15 and under must in the refuge. possess and carry a hunter safety course card 10. Each hunter must possess and carry a or certificate. Each youth hunter must re- current, signed copy of the refuge hunting main within sight and normal voice contact permit while participating in refuge hunts. of an adult age 21 or older. Hunters age 16 11. Youth hunters under age 16 must pos- and older must possess and carry a valid sess and carry a State-approved hunter safe- signed refuge Public Use Permit certifying ty course card or certificate. Each youth that he or she understands and will comply hunter must remain within sight and normal with all regulations. One adult may super- voice contact of an adult age 21 or older. An vise no more than one youth hunter. adult may supervise no more than two 6. Each day before hunting, all hunters youths during small game hunts and one must obtain a daily User Information Card youth during big game hunts. (pink) available at the hunter information B. Upland Game Hunting. We allow hunting stations (see refuge brochure map) and fol- of squirrel on designated areas of the refuge low the printed instructions on the card. You in accordance with State regulations subject must display this card in plain view on the to the following conditions: dashboard of your vehicle while hunting or 1. Conditions A4 through A7 and A9 fishing so that the personal information is through A11 apply. readable. Prior to leaving the refuge, you 2. You may only possess approved nontoxic must complete the reverse side of the card shot while hunting on the refuge (see and deposit it at one of the refuge informa- § 32.2(k)). All shotgun ammunition must tion stations. meet legal shot-size requirements. We only 7. Failure to display the User Information allow .22 caliber rimfire. Card will result in the loss of the hunter’s 3. We prohibit the possession of dogs for refuge annual Public Use Permit. squirrel hunting. 8. We prohibit hunting or entry into areas C. Big Game Hunting. We allow hunting of designated as ‘‘CLOSED’’ (see refuge bro- white-tailed deer and feral hog on designated chure map). areas of the refuge in accordance with State 9. We prohibit possession of alcoholic bev- regulations subject to the following condi- erages. tions: 10. We prohibit possession of plastic flag- 1. Conditions A4 through A7, A9 through ging tape. A11, and B3 apply. 11. We prohibit handguns. 2. We only allow hunting with bow and 12. You must unload and case guns (see arrow. We prohibit the use of poisonous ar- § 27.42(b) of this chapter) transported in/on rows (see § 32.2(g)). We prohibit firearms. vehicles, ATVs, and boats under power. 3. We prohibit the use or construction of 13. You must park vehicles in such a man- any permanent tree stand. We allow portable ner as to not obstruct roads, gates, turnrows, and climbing stands, but you must remove or firelanes (see § 27.31(h) of this chapter). them from the tree when not in use or they 14. Valid permit holders may take the fol- will be subject to confiscation (see § 27.93 of lowing furbearers in season incidental to this chapter). other refuge hunts with legal firearms used 4. We prohibit hunting by organized deer for that hunt: raccoon, opossum, coyote, bea- drives of two or more hunters. We define ver, bobcat, and nutria. ‘‘drive’’ as the act of chasing, pursuing, dis- 15. We only allow ATVs on designated turbing, or otherwise directing deer so as to trails (see § 27.31 of this chapter) (see refuge make the animals more susceptible to har- brochure map). vest. 16. We open for dove hunting the first and 5. We prohibit hunting with the aid of bait second State season. Contact the refuge (see § 32.2(h)). headquarters for specific dates and open D. Sport Fishing. [Reserved] areas. 17. You may only take dove with shotguns HILLSIDE NATIONAL WILDLIFE REFUGE shooting approved nontoxic shot. A. Migratory Game Bird Hunting. We allow 18. You may only possess approved hunting of goose, duck, merganser, coot, and nontoxic shot (see § 32.2(k)) while in the field. dove in accordance with State regulations B. Upland Game Hunting. We allow hunting subject to the following conditions: of squirrel, rabbit, quail, and raccoon on des- 1. We are open for hunting during the State ignated areas of the refuge in accordance season except during the muzzleloader deer with State regulations subject to the fol- hunt. lowing conditions: 2. There is no early teal season. 1. Conditions A1 and A5 through A15 apply. 3. We allow hunting from 1⁄2 hour before 2. We only allow shotguns with approved legal sunrise until 12 p.m. (noon). nontoxic shot (see § 32.2(k)) and .22 caliber

306

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00316 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

rimfire rifles for taking small game (we pro- § 27.93 of this chapter) by day 7 after the hibit .22 caliber magnums). close of the refuge deer season. 3. We only allow dogs for rabbit and quail 13. You must remove stands in the Janu- hunting typically during the last 2 weeks in ary/February closed area by the last day of February. Hunt dates are available at the the muzzleloader hunt. refuge headquarters and printed in the ref- 14. You must field-dress deer. uge brochure. We restrict hunting to the wa- 15. We designate check station dates and terfowl hunting area (see refuge brochure requirements in the refuge brochure. map). D. Sport Fishing. We allow fishing on des- 4. During the rabbit-with-dog and quail ignated areas of the refuge in accordance hunts, any person hunting or accompanying with State regulations subject to the fol- another person hunting must wear at least lowing conditions: 500 square inches (3,250 cm2) of unbroken 1. We close all refuge waters during the flourescent-orange material visible above muzzleloader deer hunt. the waistline as an outer garment. 2. We allow fishing in the borrow ponds 5. Beginning the first day after the deer along the north levee (see refuge brochure muzzleloader hunt, we restrict hunting to map) throughout the year except during the the designated waterfowl hunting area (see muzzleloader Gun Deer Hunt. refuge brochure map). 3. We open all other refuge waters March 1 6. We prohibit horses and mules. through November 15. 4. We prohibit trot lines, limb lines, jugs, C. Big Game Hunting. We allow hunting of seines, and traps. white-tail deer on designated areas of the 5. We prohibit fishing from bridges. refuge in accordance with State regulations 6. We allow frogging during the State bull- subject to the following conditions: frog season. 1. Hunts and hunt dates are available at 7. We only allow ATVs on designated trails the refuge headquarters in July, and we post (see § 27.31 of this chapter) (see refuge bro- them in the refuge brochure. chure map) September 15 through February 2. We only allow ATVs on designated trails 28. (see § 27.31 of this chapter) beginning the second Saturday in September through Feb- MATHEWS BRAKE NATIONAL WILDLIFE REFUGE ruary 28 (see refuge brochure map). A. Migratory Game Bird Hunting. We allow 3. Beginning the first day after the muzzle- hunting of goose, duck, merganser, and coot loader hunt, we restrict hunting to the des- in accordance with State regulations subject ignated waterfowl hunting area (see refuge to the following conditions: brochure map). 1. We allow hunting during the open State 4. Conditions A5 through A7 and B6 apply. season. 5. During all gun and muzzleloader deer 2. There is no early teal season. hunts: all participants must wear at least 500 3. Beginning the opening day of duck sea- square inches (3,250 cm2) of unbroken son, we restrict hunting to the designated flourescent-orange material visible above waterfowl hunt area only (see refuge bro- the waistline as an outer garment while chure map). hunting and enroute to and from hunting 4. Youth hunters age 15 and under must areas; we prohibit hunting from tripods and possess and carry a hunter safety course card other free-standing platforms in fields and or certificate. Each youth hunter must re- tree plantations (during muzzleloader deer main within sight and normal voice contact hunt); and we prohibit all other public use on of an adult age 21 or older. the refuge. 5. During the refuge youth hunts, sched- 6. We prohibit organized drives for deer. uled the first 2 weekends in January, both 7. We prohibit hunting from or shooting youth and accompanying adult may hunt. across open fields from ground level. Only one adult may accompany each youth 8. We only allow crossbows in accordance hunter. with State law. 6. We allow hunting from 1⁄2 hour before 9. You must unload guns (see § 27.42(b) of legal sunrise until 12 p.m. (noon). this chapter) while standing beside, in, or 7. Hunters must remove all decoys, blind walking across any portion of a field, tree material (see § 27.93 of this chapter), and har- plantation, road, pipeline, or powerline vested waterfowl from the area no later than right-of-way. We define ‘‘a loaded gun’’ as 1 p.m. each day. shells in the gun or percussion caps on 8. If you are a hunter age 16 or older, you muzzleloaders. must possess and carry a valid, signed refuge 10. Stands adjacent to fields and tree plan- Public Use Permit certifying that you under- tations must be a minimum of 10 feet (300 stand and will comply with all regulations. cm) above ground. 9. Each day before hunting, each hunter 11. We prohibit attaching stands to any must obtain a daily User Information Card power or utility pole. (pink) available at the hunter information 12. You may place stands on the refuge 7 stations (see refuge brochure map) and fol- days prior to and must remove them (see low the printed instructions on the card. You

307

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00317 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.43 50 CFR Ch. I (10–1–06 Edition)

must display this card on the dashboard of 6. We only allow crossbows in accordance your vehicle while hunting or fishing so that with State law. the personal information is readable. Prior 7. We prohibit attaching stands to any to leaving the refuge, you must complete the power or utility pole. reverse side of the card and deposit it at one 8. You may place stands on the refuge 7 of the refuge information stations. days prior to and must remove them (see 10. Failure to display the User Information § 27.93 of this chapter) by day 7 after the Card will result in the loss of the hunter’s close of the refuge deer season. refuge annual Public Use Permit. D. Sport Fishing. We allow fishing on des- 11. We prohibit hunting or entry into areas ignated areas of the refuge in accordance designated as ‘‘CLOSED’’ (see refuge bro- with State regulations subject to the fol- chure map). lowing conditions: 12. We prohibit possession of alcoholic bev- 1. We allow fishing in all refuge waters erages. throughout the year, except in the waterfowl 13. We prohibit possession of plastic flag- sanctuary, which we close from the first day ging tape. of duck season through March 15 (see refuge 14. We prohibit handguns. brochure map). 15. You must unload and case guns (see 2. We prohibit trot lines, limb lines, jugs, § 27.42(b) of this chapter) transported in/on seines, and traps. 3. We allow frogging during the State bull- vehicles and boats under power. frog season. 16. We prohibit parking vehicles in such a manner as to obstruct roads, gates, MORGAN BRAKE NATIONAL WILDLIFE REFUGE turnrows, or firelanes (see § 27.31(h) of this chapter). A. Migratory Game Bird Hunting. We allow 17. Valid permit holders may take the fol- hunting of goose, duck, merganser, and coot lowing furbearers in season incidental to on the refuge in accordance with State regu- other refuge hunts with legal firearms used lations subject to the following conditions: for that hunt: raccoon, opossum, coyote, bea- 1. We open for hunting during the State ver, bobcat, and nutria. season, except we close during the muzzleloader deer hunt. B. Upland Game Hunting. We allow hunting 2. There is no early teal season. of squirrel, rabbit, and raccoon on designated 3. We allow hunting from 1⁄2 hour before areas of the refuge in accordance with State legal sunrise until 12 p.m. (noon). regulations subject to the following condi- 4. Hunters must remove all decoys, blind tions: material (see § 27.93 of this chapter), and har- 1. Conditions A4 applies. vested waterfowl from the area no later than 2. We only allow shotguns with approved 1 p.m. each day. nontoxic shot (see § 32.2(k)) or .22 caliber rim- 5. Youth hunters age 15 and under must fire rifles for taking small game (we prohibit possess and carry a hunter safety course card .22 caliber magnums). or certificate. Each youth hunter must re- 3. We only allow dogs for rabbit hunting main within sight and normal voice contact typically the last 2 weeks in February. Hunt of an adult age 21 or older. If you are a dates are available at the refuge head- hunter age 16 or older you must possess and quarters and printed in the refuge brochure. carry a valid, signed refuge Public Use Per- We restrict hunting to the waterfowl hunt- mit certifying that you understand and will ing area (see refuge brochure map). comply with all regulations. 4. During the rabbit-with-dog hunt, any 6. Each day before hunting, all hunters person hunting or accompanying another must obtain a daily User Information Card person hunting must wear at least 500 square (pink) available at each refuge information inches (3,250 cm2) of unbroken flourescent-or- station (see refuge brochure map) and follow ange material visible above the waistline as the printed instructions on the card. You an outer garment. must display this card in plain view on the 5. We prohibit horses and mules. dashboard of your vehicle while hunting or C. Big Game Hunting. We allow archery fishing so the personal information is read- hunting of white-tailed deer on designated able. Prior to leaving the refuge, you must areas of the refuge in accordance with State complete the reverse side of the card and de- regulations subject to the following condi- posit it at one of the refuge information stations: tions. 1. We only allow archery hunting October 1 7. Failure to display the User Information through January 31. Card will result in the loss of the hunter’s 2. State bag limits apply. refuge annual Public Use Permit. 3. Beginning the first day of duck season, 8. We prohibit hunting or entry into areas we restrict hunting to the designated water- designated as ‘‘CLOSED’’ (see refuge bro- fowl hunt area only (see refuge brochure chure map). map). 9. We prohibit possession of alcoholic bev- 4. Conditions A7 through A9 and B5 apply. erages. 5. We prohibit organized drives for deer. 10. We prohibit plastic flagging tape.

308

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

11. We prohibit handguns at all times. square inches (3,250 cm2) of unbroken 12. You must unload and case guns (see flourescent-orange material visible above § 27.42(b) of this chapter) transported in/on the waistline as an outer garment while vehicles, ATVs, and boats under power. hunting and enroute to and from hunting 13. We prohibit parking of vehicles in such areas. a manner as to obstruct roads, gates, 5. During muzzleloader deer hunts, we pro- turnrows, or firelanes (see § 27.31(h) of this hibit all other public use. chapter). 6. We prohibit organized drives for deer. 14. We allow take by valid permit holders 7. We prohibit hunting from or shooting of the following in-season furbearers, inci- across open fields from ground level. dental to other refuge hunts with legal fire- 8. We only allow crossbows in accordance arms used for that hunt: raccoon, opossum, with State law. coyote, beaver, bobcat, and nutria. 9. We define a loaded gun as shells in the 15. We only allow ATVs on designated gun or percussion caps on muzzleloaders. trails (see § 27.31 of this chapter) (see refuge 10. You must unload guns (see § 27.42(b) of brochure map). this chapter) while standing beside, in, or 16. You may only possess approved walking across any portion of a field, tree nontoxic shot while hunting on the refuge plantation, road, pipeline, or powerline (see § 32.2(k)). right-of-way. B. Upland Game Hunting. We allow hunting 11. During the muzzleloader deer hunt, we of squirrel, rabbit, quail, and raccoon on des- prohibit hunting from tripods and other free- ignated areas of the refuge in accordance standing platforms in fields and tree planta- with State regulations subject to the fol- tions. lowing conditions: 12. Stands adjacent to fields and tree plan- 1. Conditions A1 and A5 (we only allow one tations must be a minimum of 10 feet (3 m) adult per youth hunter), and A6 through A14 above ground. apply. 13. We prohibit attaching stands to any 2. We only allow shotguns shooting ap- power or utility pole. proved nontoxic shot (see § 32.2(k)) and .22 14. You may place stands on the refuge 7 caliber rimfire rifles for taking small game days prior to and must remove them (see (we prohibit .22 caliber magnums). § 27.93 of this chapter) by day 7 after the 3. We only allow dogs for rabbit and quail close of the refuge deer season. hunting typically during the last 2 weeks in 15. You must remove stands in the Janu- February. Hunt dates are available at the ary/February closed area by the last day of refuge headquarters and printed in the ref- the muzzleloader hunt. uge brochure. We restrict hunting to the wa- 16. Hunters must field-dress their deer. terfowl hunting area (see refuge brochure 17. We designate check station dates and map). requirements in the refuge hunt brochure. 4. During the rabbit and quail-with-dog 18. Conditions A5 through A7 and B6 apply. hunt, any person hunting or accompanying D. Sport Fishing. We allow fishing on des- another person hunting must wear at least ignated areas of the refuge in accordance 500 square inches (3,250 cm2) of unbroken with State regulations subject to the fol- flourescent-orange material visible above lowing conditions: the waistline as an outer garment. 1. We close all refuge waters during the 5. Beginning the first day after the deer muzzleloader deer hunt. muzzleloader hunt, we restrict hunting to 2. We only allow fishing in refuge waters the designated waterfowl hunting area (see north of Providence Road throughout the refuge brochure map). year except during the muzzleloader deer 6. We prohibit horses. hunt. C. Big Game Hunting. We allow hunting of 3. We open all other refuge waters March 1 white-tail deer on designated areas of the through November 15. refuge in accordance with State regulations 4. We prohibit trot lines, limb lines, jugs, subject to the following conditions: seines, and traps. 1. Hunt information and dates are avail- 5. We prohibit fishing from bridges. able both at the refuge headquarters in July 6. We allow frogging during the State bull- and posted in the refuge brochure. frog season. 2. We only allow ATVs on designated trails 7. We only allow ATVs on designated trails (see § 27.31 of this chapter) beginning the sec- (see § 27.31 of this chapter) (see refuge bro- ond Saturday in September through Feb- chure map) September 15 through February ruary 28 (see refuge brochure map). 28. 3. Beginning the first day after the muzzle- 8. We will post separate fishing regulations loader hunt, we restrict hunting to north of for Providence Ponds on Morgan Brake at Providence Road and the area west and the Morgan Brake office. south of Spring Branch (see refuge brochure NOXUBEE NATIONAL WILDLIFE REFUGE map). 4. During all gun and muzzleloader deer A. Migratory Game Bird Hunting. Hunters hunts, all participants must wear at least 500 may hunt waterfowl, coots, and woodcock on

309

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.43 50 CFR Ch. I (10–1–06 Edition)

designated areas of the refuge subject to the 4. We allow hunting from 1⁄2 hour before following condition: Permits required. legal sunrise until 12 p.m. (noon). B. Upland Game Hunting. Hunters may hunt 5. Hunters must remove all decoys, blind quail, squirrel, rabbit, beaver, raccoon and material (see § 27.93 of this chapter), and har- opossum on designated areas of the refuge vested waterfowl from the area no later than subject to the following condition: Permits 1 p.m. each day. required. 6. Each hunter age 16 and older must pos- C. Big Game Hunting. Hunters may hunt sess and carry a valid, signed refuge Public white-tailed deer and turkey on designated Use Permit certifying that they understand areas of the refuge subject to the following and will comply with all regulations. condition: Permits required. 7. Each day before hunting, all hunters D. Sport Fishing. We allow sport fishing on must obtain a daily User Information Card designated areas of the refuge in accordance (pink) available at the hunter information with State regulations subject to the fol- stations (see refuge brochure map) and following conditions: low the printed instructions on the card. You 1. The sport fishing, boating, and bow fish- must display this card in plain view on the ing seasons extend from March 1 through Oc- dashboard of your vehicle while hunting or tober 31, except for the Noxubee River and fishing so that the personal information is borrow pit areas along Highway 25 that are readable. Prior to leaving the refuge, you open year-round. must complete the reverse side of the card 2. We prohibit anglers leaving boats over- and deposit it at one of the refuge informa- night on the refuge (see § 27.93 of this chap- tion stations. ter). 8. Failure to display the User Information 3. Anglers must keep boat travel at idle Card will result in the loss of the hunter’s speed, and they must not create a wake when refuge annual Public Use Permit. moving. 9. You may obtain hunt dates both at the 4. We prohibit limb lines, snag lines, and refuge headquarters in July and posted in hand grappling in Ross Branch, Bluff, and the refuge brochure. Loakfoma Lakes. 5. Anglers must tag pole and set hooks 10. We prohibit hunting or entry into areas with their name and address when using designated as ‘‘CLOSED’’ (see refuge bro- them in rivers, creeks, and other water bod- chure map). ies. Anglers must remove these devices when 11. We prohibit possession of alcoholic bev- not in use. erages. 6. Trotlining: 12. We prohibit plastic flagging tape. i. Anglers must label each end of the 13. We prohibit handguns at all times. trotline floats with the owner’s name and ad- 14. You must unload and case guns (see dress. § 27.42(b) of this chapter) transported in/on ii. We limit trotlines to one line per per- vehicles, ATVs, and boats under power. son, and we allow no more than two trotlines 15. We prohibit parking of vehicles in such per boat. a manner as to obstruct roads, gates, iii. Anglers must tend all trotlines every 24 turnrows, or firelanes (see § 27.31(h) of this hours and remove them when not in use. chapter). 7. Jug fishing: 16. We allow take by valid permit holders i. Anglers must label each jug with their of the following furbearers in season, inci- name and address. dental to other refuge hunts with legal fire- ii. Anglers must attend all jugs every 24 arms used for that hunt: Raccoon, opossum, hours and remove them when not in use. coyote, beaver, bobcat, and nutria. 8. We require a Special Use Permit for 17. We only allow ATVs, beginning the sec- night time bow fishing. ond Saturday in September through Feb- ruary 28, on designated trails (see § 27.31 of PANTHER SWAMP NATIONAL WILDLIFE REFUGE this chapter) (see refuge brochure map). A. Migratory Game Bird Hunting. We allow B. Upland Game Hunting. We allow hunting hunting of goose, duck, merganser, and coot of squirrel, rabbit, quail, and raccoon on des- in accordance with State regulations subject ignated areas of the refuge in accordance to the following regulations: with State regulations subject to the fol- 1. We allow hunting during the open State lowing conditions: season except we close during all Limited 1. We allow hunting during the open State Permit Hunts. season except we close during limited refuge 2. Youth hunters age 15 and under must deer hunts. You may obtain information on possess and carry a hunter safety course card the hunts and hunt dates both at the refuge or certificate. Each youth hunter must re- headquarters in July and posted in the ref- main within sight and normal voice contact uge brochure. of an adult age 21 or older. Both youth and 2. Conditions A2 (squirrel hunting), A6 accompanying adult may hunt. Only one through A8, and A10 through A17 apply. adult may accompany each youth hunter. 3. We only allow shotguns with approved 3. There is no early teal season. nontoxic shot (see § 32.2(k)) and .22 caliber

310

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00320 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

rimfire rifles for taking small game (we pro- 9. If you are a hunter age 16 or older, you hibit .22 caliber magnums). We prohibit pos- must possess and carry a valid, signed refuge session of toxic shot, buckshot, and slugs. Public Use Permit or Limited Hunt Permit 4. We only allow dogs for rabbit hunting certifying that you understand and will com- typically the last 2 weeks in February. You ply with all regulations. may obtain hunt dates both at the refuge 10. During all gun or muzzleloader deer headquarters and printed in the refuge bro- hunts, all participants must wear at least 500 chure (see refuge brochure map for open square inches (3,250 cm2) of unbroken areas). flourescent-orange material visible above 5. During the rabbit-with-dog and quail the waistline as an outer garment while hunts, any person hunting or accompanying hunting and enroute to and from hunting another person hunting must wear at least areas. 500 square inches (3,250 cm2) of unbroken 11. We prohibit all other public use on the flourescent-orange material visible above refuge during all gun and muzzleloader deer the waistline as an outer garment. hunts. 6. Beginning the first day after the last 12. We prohibit organized drives for deer. Limited Deer Gun Hunt, we restrict hunting 13. We prohibit hunting from or shooting to the designated waterfowl hunting area across open fields from ground level. (see refuge brochure map). 14. During all Limited Permit Hunts, each 7. We prohibit horses. hunter must possess and carry only their C. Big Game Hunting. We allow hunting of own current permit and/or tags. white-tail deer and turkey on designated 15. We only allow crossbows in accordance areas of the refuge in accordance with State with State law. regulations subject to the following condi- 16. We define a loaded gun as shells in the tions: gun or percussion caps on muzzleloaders. 1. Conditions A7, A8, A9, A17, B6, and B7 17. You must unload guns (see § 27.42(b) of apply. this chapter) while standing beside, in, or 2. We may require a Limited Hunt Permit walking across any portion of a field, tree for spring turkey hunting, regular gun deer, plantation, road, pipeline, or powerline and muzzleloader deer hunting. We issue the right-of-way. Limited Hunt Permit by random computer 18. During muzzleloader, rifle, and youth drawing. If we draw your name, there is a fee Gun Deer Hunts, we prohibit hunting from for each permit. Limited Hunt Permits are tripods and other free-standing platforms in not transferable and are nonrefundable. Con- fields and tree plantations. tact the refuge headquarters for specific re- 19. Stands adjacent to fields and tree plan- quirements. The regular gun deer and muz- tations must be a minimum of 10 feet (3 m) zleloader deer hunts require a Limited Hunt above ground. Permit that we assign by random computer 20. We prohibit attaching stands to any drawing. If we draw your name, there is a fee power or utility pole. for each permit. Limited Hunt Permits are 21. You may place stands on the refuge 7 not transferable and nonrefundable. Contact days prior to and must remove them (see the refuge headquarters for specific require- § 27.93 of this chapter) by day 7 after the ments, hunt, and application dates. close of the refuge deer season. 3. We may designate dates for youth (ages 22. You must remove stands in the Janu- 12 to 15) turkey hunting. Contact the refuge ary/February closed area by the last day of headquarters or see the refuge brochure for the muzzleloader hunt. youth hunt dates. Youth hunters age 15 and 23. You must field-dress deer. under must possess and carry a hunter safety D. Sport Fishing. We allow fishing on des- course card or certificate. Each youth hunter ignated areas of the refuge in accordance must remain within sight and normal voice with State regulations subject to the fol- contact of an adult age 21 or older (one lowing conditions: youth per adult). 1. We close all refuge waters during limited 4. During spring turkey season we only deer gun hunts. allow ATVs on Southern Natural Gas pipe- 2. We open waters between the East and line, from Cotton’s access to Tupelo Brake West levee, the Landside Ditch, and the por- Duck Club boundary (see refuge brochure tion of Panther Creek adjacent to the West map). Levee year-round except during limited Gun 5. You must immediately tag all harvested Deer Hunts. turkeys prior to moving them. 3. We open all other refuge waters March 1 6. We only allow shotguns shooting ap- through November 15. proved nontoxic shot (see § 32.2(k)) and arch- 4. We prohibit trot lines, limb lines, jugs, ery while turkey hunting. seines, and traps. 7. You must immediately tag all game har- 5. We allow frogging during the State bull- vested prior to moving it during limited frog season. hunts; we provide the tags. 6. We only allow ATVs for fishing access on 8. We designate check station dates and redesignated gravel roads when we close such quirements in the refuge hunt brochure. roads to vehicular traffic.

311

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.43 50 CFR Ch. I (10–1–06 Edition)

ST. CATHERINE CREEK NATIONAL WILDLIFE B. Upland Game Hunting. We allow hunting REFUGE of squirrel, rabbit, raccoon, opossum, and woodcock in designated areas of the refuge A. Migratory Game Bird Hunting. We allow in accordance with State regulations subject hunting of duck, goose, and coot during the to the following conditions: State season in accordance with State regu- 1. We only allow shotguns, .22 caliber long lations subject to the following conditions: rifles, and muzzleloading rifles under .38 cal- 1. We allow hunting in Butler Lake, Salt iber shooting patched round balls, except for Lake, and Gilliard Lake from 1⁄2 hour before raccoon hunting (see 4iv below). We prohibit legal sunrise until 12 p.m. (noon) on Tues- the possession of .22 caliber magnum rifles, days, Thursdays, and Saturdays. slugs, buckshot, or rifle ammunition larger 2. If you are a hunter age 16 or older you than .22 rimfire. must possess and carry a valid, signed refuge 2. You must wear a hunter-orange hat and Public Use Permit certifying that you under- upper garment when hunting in open fields stand and will comply with all regulations. or reforested areas. 3. We will close waterfowl hunting in But- 3. We prohibit use of motorized boats after ler Lake and Salt Lake after the Natchez the Natchez River gauge reaches 28 feet (8.4 River gauge reaches 28 feet (8.4 m) or higher. m) or higher. 4. We will close waterfowl hunting in 4. We only allow raccoon hunting during Gilliard Lake when the Natchez River gauge the month of February from legal sunset to reaches 32 feet (9.6 m) or higher. legal sunrise with the following conditions: 5. We restrict access to Butler Lake waterfowl hunting only to Butler Lake Road. i. We require dogs. 6. Hunters must remove decoys, blind ma- ii. We prohibit hunting along/from terial (see § 27.93 of this chapter), and har- Carthage-Linwood Road. vested waterfowl from the area no later than iii. We prohibit the use of boats and ATVs. 1 p.m. each day. iv. You may only use .22 caliber rimfire ri- 7. You may only possess approved nontoxic fles (no magnums). shot while in the field (see § 32.2(k)). 5. You may take beaver, nutria, coyote, 8. You must use portable blinds. and bobcat incidental to the hunt. 9. All users must obtain a daily use report- 6. Conditions A2, A7 through A14, and A16 ing card and place it in plain view on the through A18 apply. dashboard of their vehicle so that the per- 7. We prohibit the following acts: target sonal information is readable. Users must re- practice; marking trails with tape, paper, turn cards to a refuge kiosk upon departure paint, or any other artificial means; and from the refuge. riding horses or mules. 10. Hunters may enter the refuge 2 hours C. Big Game Hunting. We allow deer, hog, before legal sunrise and must exit the refuge and lottery youth turkey hunting in accord- no later than 2 hours after legal sunset. We ance with State regulations subject to the prohibit entering or remaining on the refuge following conditions: before or after hours. 1. We only allow still hunting. 11. All persons in all underway boats must 2. You may only take one deer per day: We wear U.S. Coast Guard-approved personal flo- allow residents to take one deer of either sex tation devices. per day; however, we prohibit nonresidents 12. You must hand-launch boats except at from harvesting antlerless deer. designated boat ramps, where you may trail- 3. We require hunters to wear a hunter-or- er-launch them. ange hat and upper garment at all times dur- 13. We only open ATV trails (see § 27.31 of ing all muzzleloader hunts and during the this chapter) to ATV traffic during scheduled youth gun hunt. hunts and scouting periods. 4. During late muzzleloader (after Decem- 14. Hunters must be age 16 or older to oper- ber 25) hunts, the following specific condi- ate an ATV on the refuge. tions apply: You may only take bucks with a 15. We allow use of retrievers. minimum of 14-inch (35 cm) inside antler 16. State bag limits apply. spread. 17. We prohibit hunting on Thanksgiving 5. During traditional primitive weapon sea- Day, Christmas Eve, Christmas Day, and son, the following specific conditions apply: New Year’s Day. i. You must only use flintlock and sidelock 18. We prohibit the following acts: posses- percussion muzzleloaders with iron sights sion of alcohol; entering the refuge from pri- and patched-round balls. vate property; hunters entering from public ii. We prohibit in-line muzzleloaders, elec- waterways; overnight parking; parking or tronic sights, scopes, fiber optic sights, and hunting within 150 feet (45 m) of any petro- conical bullets. leum facility or equipment, or refuge resi- iii. You must use recurve and long bows dences and buildings; parking by hunters in without sights. refuge headquarters parking lot; and posses- 6. Youth hunters age 15 and under must sion of hand guns on the refuge. possess and carry a hunter safety course card

312

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

or certificate. Each youth hunter must re- TALLAHATCHIE NATIONAL WILDLIFE REFUGE main within sight and normal voice contact of an adult age 21 or older. A. Migratory Game Bird Hunting. We allow 7. We must receive all applications for the hunting of migratory waterfowl, coots, limited youth lottery draw turkey hunt by snipe, and woodcock on designated areas of February 28 of each year. the refuge in accordance with State regula- 8. Youth (ages 10 to15) gun deer and water- tions subject to the following conditions: fowl hunts will coincide with designated 1. Youth hunters age 15 and under must State youth hunts each year. Youth deer possess and carry a hunter safety course card hunters may use any weapon deemed legal or certificate. Each youth hunter must re- by the State except for buckshot, which we main within sight and normal voice contact prohibit. of an adult age 21 or older. Hunters born 9. We prohibit insertion of metal objects after January 1, 1972, also must carry a into trees or hunting from trees that contain Hunter Education Safety Course card or cer- inserted metal objects (see § 32.2(i)). tificate. All hunters must possess and carry 10. We prohibit the use or possession of a valid, signed refuge Hunting Permit certi- climbing spurs. fying that he or she understands and will 11. You must dismantle blinds and tripods, comply with all regulations. You may obtain and you must remove stands from the tree permits at North Mississippi Refuges Com- each day. You must remove all stands, plex Headquarters, 2776 Sunset Drive, Gre- blinds, and tripods (see § 27.93 of this chapter) nada, Mississippi 38901, or at the Dahomey from the refuge before February 7 of each National Wildlife Refuge Office, Box 831, year. Highway 446, Boyle, Mississippi 38730, or by 12. You may only take feral hog with bow mail from the above addresses. and arrow and muzzleloading rifles during 2. We restrict all public use to the period and incidental to archery and primitive beginning 2 hours before legal sunrise and weapon deer seasons. ending 2 hours after legal sunset except dur- 13. You must check all deer harvested on ing the raccoon hunt. We prohibit entering the refuge at one of the three self-clearing, or remaining on the refuge before or after mandatory deer check stations. hours. 14. You must immediately field-dress all 3. We only allow hunting of migratory deer upon harvest. game birds on Wednesdays, Saturdays, and 15. State season bag limits apply. Sundays from 1⁄2 hour before legal sunrise 16. Conditions A2, A7 through A14, A17, and ending at 12 p.m. (noon). Hunters must A18, B3, B5, and B7 apply. remove all decoys, blind material (see § 27.93 D. Sport Fishing. We allow fishing during of this chapter), and harvested waterfowl daylight hours only from March 1 through from the area no later than 1 p.m. each day. the last day of archery season each year in After duck, merganser, and coot season accordance with State regulations subject to closes, we allow hunting of goose daily, dur- the following conditions: ing the period beginning 1⁄2 hour before legal 1. We require a public use permit for all an- sunrise and ending at legal sunset. glers between the ages of 16 and 65. 4. We prohibit public hunting north of Mis- 2. We prohibit the use of ATVs (see § 27.31(f) sissippi Highway 8. of this chapter). 5. Each hunter must obtain a daily User In- 3. On the Sibley Unit, we prohibit boats formation Card (pink) available at each ref- north of the Ring Levee, except you may uge information station and follow the print- hand-launch boats in Swamp Lake during nonflood conditions. ed instructions on the card. You must dis- 4. An adult age 21 or older must supervise play the card in plain view on the dashboard youth age 15 and under who may fish in the of your vehicle so that the personal informa- Kids Pond. We prohibit adults from fishing tion is readable. Prior to leaving the refuge, in this pond. you must complete the reverse side of the 5. We allow bow fishing. Bow anglers must card and deposit it at one of the refuge infor- abide by State law. mation stations. Include all game harvested, 6. We allow nighttime bow fishing on the and if you harvest no game, report ‘‘0.’’ refuge but only through a Special Use Per- 6. We may close certain areas of the refuge mit issued by the refuge manager. for sanctuary or administrative purposes. We 7. We prohibit the following acts: Posses- will mark such areas with ‘‘No Hunting’’ or sion of alcohol; entering the refuge from pri- ‘‘Area Closed’’ signs. vate property; overnight parking; target 7. We prohibit all handguns. practice; riding horses or mules; possession 8. Waterfowl hunters may leave boats or use of commercial fishing or trotline meeting all State registration requirements equipment, including limb lines, nets, traps, on refuge water bodies throughout the wa- yo-yos, or jugs; and possession of any fire- terfowl season. You must remove boats (see arms (see § 27.42 of this chapter). § 27.93 of this chapter) within 72 hours after 8. Conditions A9, A11, and A12 apply. the season closes.

313

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.43 50 CFR Ch. I (10–1–06 Edition)

9. We restrict motor vehicle use to roads C. Big Game Hunting. We allow hunting of designated as vehicle access roads on the ref- white-tailed deer, turkey, and feral hog on uge map (see § 27.31 of this chapter). We pro- designated areas of the refuge in accordance hibit blocking access to any road or trail en- with State regulations subject to the fol- tering the refuge (see § 27.31(h) of this chap- lowing conditions: ter). 1. Conditions A1, A4, A5, A6, A7, A9, and 10. All hunters or persons on the refuge for A13 apply. any reason during any open refuge hunting 2. We restrict all public use to 2 hours be- season must wear a minimum of 500 square fore legal sunrise and to 2 hours after legal inches (3,250 cm2) of visible, unbroken, fluo- sunset. We prohibit entering or remaining on rescent orange-colored material above the the refuge before or after hours. waistline. Waterfowl hunters must comply 3. All hunters or persons on the refuge for while walking/boating to and from actual any reason during any open refuge hunting hunting area. Waterfowl hunters may re- season must wear a minimum of 500 square move the fluorescent orange while actually inches (3,250 cm2) of visible, unbroken, fluo- hunting. rescent orange-colored material above the 11. We only allow dogs on the refuge when waistline. We do not require this for turkey specifically authorized for hunting. We en- hunting. courage the use of dogs to retrieve dead or 4. We prohibit dogs for any big game hunt. wounded waterfowl. Dogs must remain in the 5. We prohibit use or possession of any drug immediate control of their handlers at all or device for employing such drug for hunt- times (see § 26.21(b) of this chapter). ing (see § 32.2(g)). 6. We prohibit organized drives for deer. 12. You must remove decoys, blinds, other 7. We prohibit hunting or shooting across personal property, and litter (see §§ 27.93 and any open, fallow, or planted field from 27.94 of this chapter) from the hunting area ground level or on or across any public road, following each morning’s hunt. We prohibit public highway, railroad, or their rights-of- cutting or removing trees and other vegeta- way during all general gun and primitive tion (see § 27.51 of this chapter). We prohibit weapon hunts. the use of flagging, paint, blazes, tacks, or 8. You may erect portable deer stands 2 other types of markers. weeks prior to the opening of archery season 13. We prohibit ATVs (see § 27.31(f) of this on the refuge, and you must remove them chapter), horses, and mules on the refuge. (see § 27.93 of this chapter) by January 31. We B. Upland Game Hunting. We allow hunting prohibit the cutting or removal of trees and of quail, squirrel, rabbit, beaver, nutria, rac- other vegetation (see § 27.51 of this chapter). coon, coyote, and opossum on designated We prohibit the use of flagging, paint, blazes, areas of the refuge in accordance with State tacks, or other types of markers. regulations subject to the following condi- D. Sport Fishing. We allow fishing on des- tions: ignated areas of the refuge in accordance 1. Conditions A1, A4, A5, A6, A9, and A13 with State regulations subject to the fol- apply. lowing conditions: 2. We restrict all public use to the period 1. All anglers must possess and carry a beginning 2 hours before legal sunrise and valid, signed refuge fishing permit certifying ending 2 hours after legal sunset. We pro- that you understand and will comply with hibit entering or remaining on the refuge be- all regulations. You may obtain permits at fore or after hours. We establish special pro- North Mississippi Refuges Complex Head- visions for raccoon hunting; contact the ref- quarters, 2776 Sunset Drive, Grenada, Mis- uge office for details. sissippi 38901, or at the Dahomey National 3. We only allow shotguns with approved Wildlife Refuge Office, Box 381, Highway 446, nontoxic shotgun shot (see § 32.2(k)) and .22 Boyle, Mississippi 38730, or by mail to the caliber rifles. We prohibit all handguns. above addresses. 4. All hunters or persons on the refuge for 2. We close the refuge to fishing from Octo- any reason during any open refuge hunting ber 1 through February 28. season must wear a minimum of 500 square 3. We only allow bank or boat sport fishing inches (3,250 cm2) of visible, unbroken, fluo- south of Mississippi Highway 8. rescent orange-colored material above the 4. We prohibit possession of any weapon waistline. (see § 27.42 of this chapter) while fishing on 5. We only allow dogs on the refuge after the refuge. the general Gun Deer Hunt. Dogs must re- 5. We prohibit possession or use of jugs, main in the immediate control of their han- seines, nets, hand-grab baskets, slat traps/ dlers at all times (see § 26.21(b) of this chap- baskets, or any other similar devices and ter). commercial fishing of any kind. 6. We prohibit the cutting or removal of 6. We only allow trotlines, yo-yos, limb trees and other vegetation (see § 27.51 of this lines, crawfish traps, or any other similar de- chapter). We prohibit the use of flagging, vices for recreational use. You must tag or paint, blazes, tacks, or other types of mark- mark them with the angler’s full name and ers. full residence address, including zip code

314

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.43

written with waterproof ink, legibly in- 13. We allow valid permit holders to take scribed or legibly stamped on the tag; and the following furbearers in season, incidental attend the devices a minimum of once daily. to other refuge hunts with legal firearms When not attended, you must remove these used for that hunt: raccoon, opossum, coy- devices (see § 27.93 of this chapter) from the ote, beaver, bobcat, and nutria. refuge. B. Upland Game Hunting. We allow hunting 7. We prohibit snagging or attempting to of squirrel, rabbit, and raccoon on designated snag fish. areas of the refuge in accordance with State 8. We allow crawfishing. regulations subject to the following condi- 9. We only allow take of frog by Special tions: Use Permit. 1. Conditions A1, A2, A3, A5 through10, and A12 through A14 apply. YAZOO NATIONAL WILDLIFE REFUGE 2. We only allow shotguns with approved nontoxic shot (see § 32.2(k)) and .22 caliber A. Migratory Game Bird Hunting. We allow rimfire rifles (we prohibit .22 caliber hunting of dove and snow goose on the refuge magnums). in accordance with State regulations subject 3. During the rabbit-with-dog hunt, any to the following conditions: person hunting or accompanying another 1. If you are a hunter age 16 or older, you person hunting must wear at least 500 square must possess and carry a valid, signed refuge inches (3,250 cm2) of unbroken flourescent-or- Public Use Permit that certifies that you un- ange material visible above the waistline as derstand and will comply with all regula- an outer garment. tions. 4. We prohibit horses. 2. Each day before hunting, all hunters 5. We allow hunting for rabbit on the must obtain a daily User Information Card Herron Tract, Brown Tract (east of the Sun- (pink) available at each refuge information flower River), Middleton-Miller-Zepponi station (see refuge brochure map) and follow Tracts, and Carter Tract. Contact refuge the printed instructions on the card. You headquarters for hunt dates, maps, and addi- must display this card in plain view on the tional information. dashboard of your vehicle while hunting or C. Big Game Hunting. We allow hunting of fishing so that the personal information is white-tailed deer on designated areas of the readable. Prior to leaving the refuge, you refuge in accordance with State regulations must complete the reverse side of the card subject to the following conditions: and deposit it at one of the refuge informa- 1. Conditions A2, A3, A5, B4, and B5 (we tion stations. Failure to display the User In- allow archery except on the Carter Tract) formation Card may result in the loss of the apply. hunter’s refuge annual Public Use Permit. 2. If you are a hunter age 16 or older, you 3. We only allow hunting of snow goose by must possess and carry a valid refuge annual Special Use Permit. Contact the refuge office Public Use Permit or Limited Hunt Permit for details. that certifies that you understand and will 4. Hunt dates are available at the refuge comply with all regulations. Permits are not headquarters in July and posted in the ref- transferable and are nonrefundable. uge brochure. 3. The youth regular gun deer, muzzle- 5. Youth hunters age 15 and under must loader deer, and senior citizen Gun Deer possess and carry a hunter safety course card Hunts require a Limited Hunt Permit as- or certificate. Each youth hunter must re- signed by random computer drawing. If we main within sight and normal voice contact draw your name, there is a fee for each per- of an adult age 21 or older. We only allow one mit. Contact the refuge headquarters for spe- adult per youth hunter. cific requirements, hunt, and application 6. We prohibit hunting or entry into areas dates. designated as ‘‘CLOSED’’ (see refuge bro- 4. During all gun or muzzleloader deer chure map). hunts, all participants must wear at least 500 7. We prohibit possession of alcoholic bev- square inches (3,250 cm2) of unbroken erages. flourescent-orange material visible above 8. We prohibit possession of plastic flag- the waistline as an outer garment while ging tape. hunting and enroute to and from hunting 9. We prohibit handguns at all times. areas. 10. You may only possess approved 5. We prohibit all other public use during nontoxic shot while hunting on the refuge all gun and muzzleloader deer hunts. (see § 32.2(k)). 6. We prohibit organized drives for deer. 11. You must unload and case guns (see 7. We prohibit hunting from or shooting § 27.42(b) of this chapter) transported in/on across open fields from ground level. vehicles, ATVs, and boats under power. 8. During all Limited Permit Hunts, each 12. We prohibit parking of vehicles in such hunter shall possess and carry only their a manner as to obstruct roads, gates, own current permit and/or tags. turnrows, or firelanes (see § 27.31(h) of this 9. We only allow crossbows in accordance chapter). with State law.

315

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.44 50 CFR Ch. I (10–1–06 Edition)

10. We define a loaded gun as shells in the 1. We prohibit use of tree spikes to assist gun or percussion caps on muzzleloaders. in climbing trees for the purpose of hunting 11. You must unload guns (see § 27.42(b) of on the refuge (see § 32.2(i)). this chapter) while standing beside, in, or 2. We prohibit the construction or use of walking across any portion of a field, tree permanent blinds, platforms, or ladders at plantation, road, pipeline, or powerline any time. right-of-way. 3. We prohibit hunting over or placing on 12. We prohibit hunting from tripods and the refuge any salt or other mineral blocks other free-standing platforms during muzzle- (see § 32.2(h)). loader, rifle, and youth Gun Deer Hunts in 4. We only allow portable tree stands from fields and tree plantations. September 15 through January 31. You must 13. Stands adjacent to fields and tree plan- place your full name and address on your tations must be a minimum of 10 feet (3 m) stands. above ground. We prohibit attaching stands 5. You must unload or dismantle and case to any power or utility pole. You may place all firearms while transporting them in a stands on the refuge 7 days prior to and must motor vehicle (see § 27.42(b) of this chapter). remove them (see § 27.93 of this chapter) by 6. We restrict deer hunters on the Boone’s day 7 after the close of the refuge deer sea- Crossing Unit to archery methods only ex- son. You must remove stands in the January/ cept for hunters on Johnson Island where February closed area by day 7 after the last State-allowed methods of take are in effect. deer hunt. D. Sport Fishing. We allow fishing on des- 14. You must field dress and check all deer ignated areas of the refuge in accordance at refuge headquarters. with State regulations subject to the fol- D. Sport Fishing. [Reserved] lowing condition: You must operate all mo- [58 FR 5064, Jan. 19, 1993, as amended at 58 torized boats at no-wake speed. FR 29085, May 18, 1993; 59 FR 6694, Feb. 11, CLARENCE CANNON NATIONAL WILDLIFE 1994; 59 FR 55187, Nov. 3, 1994; 61 FR 45367, REFUGE Aug. 29, 1996; 61 FR 46396, Sept. 3, 1996; 62 FR 47379, Sept. 9, 1997; 63 FR 46917, Sept. 3, 1998; A. Migratory Game Bird Hunting. [Reserved] 65 FR 30785, May 12, 2000; 66 FR 46358, Sept. B. Upland Game Hunting. [Reserved] 4, 2001; 68 FR 57317, Oct. 2, 2003; 69 FR 54362, C. Big Game Hunting. We allow hunting of 54418, Sept. 8, 2004; 69 FR 55995, Sept. 17, 2004; white-tailed deer on designated areas of the 70 FR 54182, Sept. 13, 2005] refuge in accordance with State regulations subject to the following conditions: § 32.44 Missouri. 1. We only allow hunting during the State- The following refuge units have been designated Managed Deer Hunt. opened for hunting and/or fishing, and 2. We require hunters to check-in and out of the refuge each day. are listed in alphabetical order with 3. We prohibit shooting at deer that are on applicable refuge-specific regulations. any portion of the main perimeter levee. 4. We only allow the use of portable stands, BIG MUDDY NATIONAL FISH AND WILDLIFE and hunters must remove them (see § 27.93 of REFUGE this chapter) at the end of each day. A. Migratory Game Bird Hunting. We allow 5. We close the area south of Bryants Creek hunting of migratory game birds on des- to deer hunting. ignated areas of the refuge in accordance 6. We require hunters to have all harvested with State regulations subject to the fol- deer checked by refuge personnel before re- lowing conditions: moving them from the refuge. 1. You must remove all your blinds, boats, 7. You must park all vehicles in designated and decoys (see § 27.93 of this chapter) from parking areas (see § 27.31 of this chapter). the refuge each day except for blinds made D. Sport Fishing. We allow fishing in ac- entirely of marsh vegetation. cordance with State regulations subject to 2. We prohibit cutting of woody vegetation the following conditions: (see § 27.51 of this chapter) on the refuge for 1. We prohibit the taking of turtle or frog blinds. (see § 27.21 of this chapter). B. Upland Game Hunting. We allow upland 2. We only allow fishing from a boat. We game hunting on designated areas of the ref- prohibit bank fishing. uge in accordance with State regulations subject to the following condition: You may GREAT RIVER NATIONAL WILDLIFE REFUGE only possess approved nontoxic shot (see § 32.2(k)). Refer to § 32.32 Illinois for regulations. C. Big Game Hunting. We allow hunting of MIDDLE MISSISSIPPI RIVER NATIONAL deer and turkey on designated areas of the WILDLIFE REFUGE refuge in accordance with State regulations subject to the following conditions: Refer to § 32.32 Illinois for regulations.

316

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.44

MINGO NATIONAL WILDLIFE REFUGE all stands with the owner’s name, address, and phone number. A. Migratory Game Bird Hunting. We allow 8. We only allow one tree stand per deer waterfowl hunting on Pool 8 in accordance hunter. with State regulations subject to the fol- 9. Condition A3 applies. lowing conditions: D. Sport Fishing. We allow fishing in des- 1. We allow the use of hunting dogs, but ignated areas of the refuge in accordance the hunter must leash the dog or have it with State ‘‘impounded waters’’ regulations under strict voice command at all times (see subject to the following conditions: § 26.21(b) of this chapter). 1. We prohibit fishing in all areas between 1 2. We allow hunting from ⁄2 hour before Ditch 2 and Ditch 6 (including Ditches 3, 4, legal sunrise until 1 p.m. and 5) plus the moist soil units, and Monop- 3. We prohibit the use of paint, flagging, oly Marsh from October 1 through March 1. reflectors, tacks, or other manmade mate- 2. We only allow fishing in May Pond and rials to mark trails or hunting locations (see Fox Pond with rod and reel or pole and line. § 27.61 of this chapter). Anglers may only take bass greater than 12 B. Upland Game Hunting. We allow hunting inches (30 cm) in length from May Pond. of squirrel only in the Public Hunting Area 3. We prohibit the use or possession of gas- of the refuge in accordance with State regu- oline-powered boat motors. We allow the use lations subject to the following conditions: of electric trolling motors, except that we 1. The Public Hunting Area and the road prohibit all motors within the Wilderness leading to the area from the Hunter Sign-In Area. Station are open 11⁄2 hours before legal sun- 4. Anglers must remove watercraft (see rise until 11⁄2 hours after legal sunset. § 27.93 of this chapter) from the refuge at the 2. We require that all hunters register at end of each day’s fishing. the Hunter Sign-In/Sign Out Stations and 5. Anglers may take nongame fish by nets record the number of hours hunted and and seines for personal use only from March squirrels harvested. 1 through September 30. 3. We prohibit hunting of all other species. 6. Anglers must attend trammel and gill 4. We prohibit the use of dogs for squirrel nets at all times and plainly label them with hunting. the owners’s name, address, and phone num- 5. We allow squirrel hunting from the ber. State opening day through September 30. 7. We only allow the use of trotlines, 6. We only allow shotguns and .22 caliber throwlines, limb lines, bank lines, and jug rimfire rifles. lines from 1 hour before legal sunrise until 1 7. Shotgun hunters may only possess ap- hour after legal sunset. Anglers must remove proved nontoxic shot while in the field (see all fishing lines (see § 27.93 of this chapter) § 32.2(k)). from the refuge at the end of each day’s fish- 8. We require that all hunters wear a hat ing. Anglers must mark each line with their and a shirt, vest, or coat of hunter orange name, address, and phone number. that is plainly visible from all sides during 8. We allow the take of common snapping the overlapping portion of the squirrel and turtle and soft-shelled turtle only using pole archery deer seasons. and line. We require all anglers immediately 9. Condition A3 applies. release all alligator snapping turtles (see C. Big Game Hunting. We allow big game § 27.21 of this chapter). hunting in the Public Hunting Area in accordance with State regulations subject to SQUAW CREEK NATIONAL WILDLIFE REFUGE the following conditions: A. Migratory Game Bird Hunting. We allow 1. Condition B1 applies. hunting of light geese on designated areas of 2. We require that all hunters register at the refuge in accordance with State regula- the Hunter Sign-In/Sign Out Stations and tions during the spring conservation order record the number of hours hunted and deer season subject to the following conditions: harvested. 1. Hunters must remain within direct sight 3. We allow archery hunting for deer and of the guide in the hunt boundary at all turkey during the fall season. We prohibit times. the use or possession of firearms during 2. We allow the guide and hunters into the these seasons. hunt boundary up to 2 hours prior to legal 4. Condition B8 applies. shooting time. 5. We allow spring turkey hunting. We only 3. Hunting will stop at 12 p.m. (noon), and allow shotguns with approved nontoxic shot hunters must be out of the fields by 2 p.m. (see § 32.2(k)). 4. We allow hunting dogs, portable blinds, 6. We prohibit the use of salt or mineral and decoys at the discretion of the guide. blocks. 5. We prohibit pit blinds. 7. We only allow portable tree stands from 6. Hunting dogs must be under the imme- 2 weeks before to 2 weeks after the State diate control of their handlers at all times archery deer season. You must clearly mark (see § 26.21 of this chapter).

317

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00327 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.45 50 CFR Ch. I (10–1–06 Edition)

7. We prohibit retrieving crippled geese TWO RIVERS NATIONAL WILDLIFE REFUGE outside of the hunt boundary, including adja- Refer to § 32.32 Illinois for regulations. cent private land. This includes retrieval by hunting dogs. [58 FR 5064, Jan. 19, 1993, as amended at 59 8. We prohibit vehicles beyond the estab- FR 6694, Feb. 11, 1994; 61 FR 45367, Aug. 29, lished parking area located adjacent to State 1996; 61 FR 46397, Sept. 3, 1996; 65 FR 30785, Highway 118 (see § 27.31 of this chapter). May 12, 2000; 65 FR 56404, Sept. 18, 2000; 66 FR 46359, Sept. 4, 2001; 69 FR 54362, 54426 Sept. 8, 9. We prohibit ATV use on the refuge. 2004; 70 FR 54182, Sept. 13, 2005; 70 FR 56376, 10. Both the guide and hunters are respon- Sept. 27, 2005] sible for ensuring that all trash, including spent shotgun shells are removed from the § 32.45 Montana. hunt area each day (see §§ 27.93 and 27.94 of this chapter). The following refuge units have been 11. Violations of these rules may result in opened for hunting and/or fishing, and the revocation of the guide’s Special Use are listed in alphabetical order with Permit as deemed appropriate by the refuge applicable refuge-specific regulations. manager. BENTON LAKE NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. Hunting of deer is A. Migratory Game Bird Hunting. We allow permitted on designated areas of the refuge hunting of duck, goose, swan, and coot in designated areas of the refuge in accordance subject to the following conditions: with State regulations subject to the fol- 1. Permits are required. lowing conditions (consult refuge manager 2. Only historic weapon hunting is per- prior to hunting to learn of changes or up- mitted. dates): 3. Hunters are required to check in and out 1. We prohibit access to refuge hunting of the refuge. areas from other than authorized refuge 4. Stands must be removed from the refuge parking areas. We prohibit hunting on or each day. within 25 yards (22.5 m) of dikes or roads ex- 5. Hunting is permitted only during the cept the marked portion of the dike between special hunt season established by the State Marsh Units 5 and 6. Hunters must have a for the refuge. means of bird retrieval, using a boat, boots, or a trained dog, while hunting on this dike D. Sport Fishing. Fishing is permitted on (see § 26.21(b) of this chapter). designated areas of the refuge subject to the 2. We allow hunting with the opening of following condition: Fish, amphibians, rep- waterfowl season and close November 30. tiles and crustaceans may only be taken 3. Hunters with a documented mobility dis- with hand-held pole and line or rod and reel. ability may reserve an accessible blind in advance by contacting a refuge officer or call- SWAN LAKE NATIONAL WILDLIFE REFUGE ing the refuge office. A. Migratory Game Bird Hunting. Hunting of 4. We only allow nonmotorized boats on geese is permitted on designated areas of the refuge waters. refuge subject to the following conditions: 5. We allow hunting from temporary portable blinds or blinds made from natural 1. Permits are required. vegetation. 2. You may possess only approved nontoxic 6. We prohibit the retrieval of downed shot while in the field. game from areas closed to hunting. B. Upland Game Hunting. [Reserved] 7. You must unload and case all firearms C. Big Game Hunting. Hunting of deer is (see § 27.42(b) of this chapter) when outside of permitted on designated areas of the refuge the refuge hunt area on the refuge. subject to the following conditions: B. Upland Game Hunting. We allow hunting 1. Permits are required. of pheasant, sharp-tailed grouse, and gray 2. Only historic weapon hunting is per- partridge in designated areas of the refuge in mitted. accordance with State regulations subject to D. Sport Fishing. Fishing is permitted on the following conditions (consult refuge designated areas of the refuge subject to the manager prior to hunting to learn of changes following conditions: or updates): 1. Conditions A2, A6, and A7 apply. 1. Fishing is permitted from March 1 2. We prohibit access to refuge hunting through October 15 during daylight hours areas from other than authorized refuge only. parking areas. 2. Only nonmotorized boats are permitted 3. We prohibit hunting on or within 25 on refuge waters with the exception that the yards (22.5 m) of dikes or roads except the use of motors of 10 horsepower or less is per- marked portion of the dike between Marsh mitted on Silver Lake. Units 5 and 6. C. Big Game Hunting. [Reserved]

318

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.45

D. Sport Fishing. Anglers may sport fish on 2. You must possess and carry a refuge Spe- designated areas of the refuge as posted by cial Use Permit to hunt fox and coyotes. signs. 3. You may only possess approved nontoxic shot (see § 32.2(k)). BLACK COULEE NATIONAL WILDLIFE REFUGE 4. Fox and coyote hunters may only use A. Migratory Game Bird Hunting. We allow centerfire rifles, rimfire rifles, or shotguns hunting of duck, goose, coot, swan, sandhill with approved nontoxic shot. crane, and mourning dove on designated 5. We require game bird hunters to wear at areas of the refuge in accordance with State least one article of blaze-orange clothing regulations subject to the following condi- visible above the waist. tions: C. Big Game Hunting. [Reserved] 1. We only allow nonmotorized boats on D. Sport Fishing. [Reserved] refuge waters. CHARLES M. RUSSELL NATIONAL WILDLIFE 2. You must remove all boats, decoys, port- REFUGE able blinds, other personal property, and any materials brought onto the refuge for blind A. Migratory Game Bird Hunting. Refuge construction by legal sunset (see §§ 27.93 and open to hunting of migratory game birds in 27.94 of this chapter). accordance with State law. B. Upland Game Hunting. We allow hunting B. Upland Game Hunting. Hunting of upland of pheasant, sharp-tailed grouse, sage grouse, game birds, turkey and coyote is permitted gray partridge, fox, and coyote on designated on designated areas of the refuge subject to areas of the refuge in accordance with State the following condition: regulations subject to the following condi- 1. Coyote hunting allowed from the first tions: day of antelope rifle season through March 1 1. You may only possess approved nontoxic annually. shot (see § 32.2(k)). C. Big Game Hunting. We allow hunting of 2. Fox and coyote hunters may only use big game on designated areas of the refuge in centerfire rifles, rimfire rifles, or shotguns accordance with State regulations subject to with approved nontoxic shot. the following conditions: 3. We require game bird hunters to wear at 1. We allow the use of portable blinds and least one article of blaze-orange clothing stands. You may install stands and blinds no visible above the waist. sooner than August 1, and you must remove C. Big Game Hunting. [Reserved] them by December 15 of each year. We limit D. Sport Fishing [Reserved] each hunter to three stands or blinds. The hunter must have their name, address, phone BOWDOIN NATIONAL WILDLIFE REFUGE number, and automated licensing system A. Migratory Game Bird Hunting. We allow number (ALS) visibly marked on the stand. hunting of duck, goose, coot, swan, sandhill 2. We allow hunting of elk on designated crane, and mourning dove on designated areas of the refuge. You must possess and areas of the refuge in accordance with State carry a refuge permit to hunt elk on the ref- regulations subject to the following condi- uge. tions: D. Sport fishing. Refuge open to sport fish- 1. You must check-in and check out of the ing in accordance with State law, and as spe- refuge daily. Before hunting, each hunter cifically designated in refuge publications. must record the date, their name, and the CREEDMAN COULEE NATIONAL WILDLIFE time checking into the refuge on a register REFUGE inside the Hunter Registration Kiosk at refuge headquarters. After hunting, each A. Migratory Game Bird Hunting. Hunting of hunter must record hunting data (hours migratory game birds is permitted on des- hunted waterfowl and/or upland game and ignated areas of the refuge subject to the fol- the number of birds harvested) before depart- lowing condition: Air-thrust boats and boats ing the refuge. with motors greater than 10 horsepower mo- 2. We prohibit air-thrust boats or boats tors are not permitted. with motors greater than 25 hp. B. Upland Game Hunting. [Reserved] 3. You must remove all boats, decoys, port- C. Big Game Hunting. [Reserved] able blinds, other personal property, and any D. Sport Fishing. [Reserved] materials brought onto the refuge for blind HAILSTONE NATIONAL WILDLIFE REFUGEE construction by legal sunset (see §§ 27.93 and 27.94 of this chapter). A. Migratory Game Bird Hunting. The refuge B. Upland Game Hunting. We allow hunting unit is open to the hunting of migratory of pheasant, sharp-tailed grouse, sage grouse, game birds, but has no refuge-specific regu- gray partridge, fox, and coyote on designated lations as it follows guidelines set out in areas of the refuge in accordance with State State law. regulations subject to the following condi- B. Upland Game Hunting. Hunters may hunt tions: upland game birds on designated areas of the 1. Condition A1 applies. refuge subject to the following conditions:

319

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.45 50 CFR Ch. I (10–1–06 Edition)

1. You may possess only approved nontoxic C. Big Game Hunting. The refuge unit is shot while in the field. open to big game hunting but has no refuge- C. Big Game Hunting. [Reserved] specific regulations as it follows guidelines D. Sport Fishing. [Reserved] set out in State law. D. Sport Fishing. Anglers may sport fish in HALFBREED LAKE NATIONAL WILDLIFE REFUGE accordance with state law. A. Migratory Game Bird Hunting. [Reserved] LEE METCALF NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] A. Migratory Game Bird Hunting. We allow D. Sport Fishing. [Reserved] hunting of duck, goose, and coot from established blinds in designated areas of the ref- HEWITT LAKE NATIONAL WILDLIFE REFUGE uge in accordance with State regulations A. Migratory Game Bird Hunting. We allow subject to the following conditions (consult hunting of duck, goose, coot, swan, sandhill refuge manager prior to hunting to learn of crane, and mourning dove on designated changes or updates): areas of the refuge in accordance with State 1. Hunting Access: We have numbered the regulations subject to the following condi- blinds and assigned them to a single access tions: point designated in the refuge hunting leaf- 1. We prohibit air-thrust boats and boats let. Hunters must park at this access point with motors greater than 25 hp. and at the numbered parking space cor- 2. You must remove all boats, decoys, port- responding to a blind. Hunters must walk to able blinds, other personal property, and any the blind along mowed trails designated in materials brought onto the refuge for blind the hunting leaflet. We open the access point construction by legal sunset (see §§ 27.93 and to hunters who intend to immediately hunt 27.94 of this chapter). on the refuge. We prohibit wildlife observa- B. Upland Game Hunting. [Reserved] tion, scouting, and loitering at the access C. Big Game Hunting. [Reserved] point. D. Sport Fishing. [Reserved] 2. Hunting Hours: We open the hunting area, defined by the refuge boundary fence, 2 LAKE MASON NATIONAL WILDLIFE REFUGE hours before and require departure 2 hours after legal waterfowl hunting hours, as de- Hunting of A. Migratory Game Bird Hunting. fined by the State. migratory game birds is permitted on des- 3. Registration: Each hunter must record ignated areas of the refuge subject to the fol- the date, his or her name, Automated Li- lowing condition: The use of motorized boats cense System number, date of birth, and the is not permitted. time checking into the hunt area at the ap- B. Upland Game Hunting. We allow hunting propriate register before hunting; must set of upland game on designated areas of the the appropriate blind selector before and refuge subject to the following condition: after hunting; and must record hunting data You may possess only approved nontoxic (hours hunted, the number of shots fired, and shot while in the field. birds harvested) at the appropriate register C. Big Game Hunting. Refuge open to big before departing the hunting area. game hunting in accordance with State law. 4. Blind selection is on a first-come, first- D. Sport Fishing. [Reserved] served basis with the exception of the open- LAKE THIBADEAU NATIONAL WILDLIFE REFUGE ing weekend of waterfowl season. We will distribute blind permits for the opening A. Migratory Game Bird Hunting. Hunting of weekend by a public drawing. We will an- migratory game birds is permitted on des- nounce the drawing time and place in local ignated areas of the refuge subject to the fol- newspapers. lowing condition: Air-thrust boats and boats 5. We prohibit attempting to ‘‘reserve’’ a with greater than 10 horsepower motors are blind for use later in the day by depositing a not permitted. vehicle or other equipment on the refuge. A B. Upland Game Hunting. [Reserved] hunter must be physically present in the C. Big Game Hunting. [Reserved] hunting area in order to use a blind. D. Sport Fishing. [Reserved] 6. We prohibit blocking access to refuge gates (see § 27.31(h) of this chapter). LAMESTEER NATIONAL WILDLIFE REFUGEE 7. Hunters with a documented mobility dis- A. Migratory Game Bird Hunting. The refuge ability may reserve an accessible blind in ad- unit is open to the hunting of migratory vance by contacting a refuge officer. game birds but has no refuge-specific regula- 8. No more than four hunters or individuals tions as it follows guidelines set out in State may use a blind at one time. law. 9. You may only possess approved nontoxic B. Upland Game Hunting. The refuge unit is shotshells (see § 32.2(k)) in quantities of 25 or open to the hunting of upland game but has less. no refuge-specific regulations as it follows 10. You must conduct all hunting from guidelines set out in State law. within 10 feet (3 m) of a blind.

320

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.45

11. All hunters must have a visible means regulations and subject to the following con- of retrieving waterfowl such as a float tube, ditions: waders, or a dog capable of retrieving. 1. We do not allow hunting in areas posted 12. We prohibit falconry hunting. as ‘‘Closed to Hunting’’ around the refuge 13. We prohibit boats, fishing gear, and headquarters, maintenance buildings, and fires (see § 27.95 of this chapter). quarters. 14. We require dogs be on a leash at the 2. We prohibit guiding and outfitting. hunter access point and when walking to and 3. We allow use of riding or pack stock on from the hunt area/blind (see § 26.21(b) of this access routes designated through the refuge chapter). to access off-refuge lands as designated in 15. We require hunters to unload shotguns the public use leaflet. (see § 27.42(b) of this chapter) at the hunter 4. You may not use dogs for hunting of any access point and when walking to and from species. the hunt area/blind. 5. You may possess only approved nontoxic B. Upland Game Hunting. [Reserved] shot while on the refuge. C. Big Game Hunting. We allow archery 6. We prohibit overnight camping. hunting of white-tailed deer on designated 7. We prohibit retrieval of game through areas of the refuge in accordance with State areas closed to hunting without prior con- regulations subject to the following condi- sent by the refuge manager. tions (consult refuge manager prior to hunt- 8. We allow only portable or temporary ing to learn of changes or updates): blinds and tree stands. 1. Hunting Access: Hunters must enter and 9. We allow parking in designated areas exit the hunt areas through designated arch- only. ery hunting access points. We open access C. Big Game Hunting. We allow hunting of points to hunters intending to immediately elk, white-tailed deer, and mule deer within hunt on the refuge. We prohibit wildlife ob- designated areas of the refuge in accordance servation, scouting, and loitering at access with State regulations and subject to the fol- points and parking areas. lowing conditions: 2. Condition A2 applies. 1. We do not allow hunting in areas posted 3. Registration: Each hunter must record as ‘‘Closed to Hunting’’ around the refuge the date, his or her name, Automated Li- headquarters, maintenance buildings, and cense System number, and date of birth at quarters. the appropriate register before hunting and 2. We prohibit guiding and outfitting. must record hunting data (hours hunted, the 3. We allow use of riding or pack stock on number of arrows released, and deer har- access routes designated through the refuge vested) at the appropriate register before de- to access off-refuge lands as designated in parting the hunting area. the public use leaflet. 4. Tree Stands and Blinds: We only allow portable tree stands and blinds that must be 4. You may not use dogs for hunting of any removed each day (see § 27.93 of this chapter). species. 5. We prohibit preseason entry or scouting. 5. You may possess only approved nontoxic 6. Hunters may not enter or retrieve deer shot while on the refuge. from closed areas of the refuge without the 6. We prohibit overnight camping. consent of a refuge officer. 7. We prohibit open fires. 7. We prohibit boats, fishing gear, fires (see 8. We prohibit retrieval of game through § 27.95 of this chapter), and firearms. areas closed to hunting without prior con- 8. Hunters with a documented mobility dis- sent by the refuge manager. ability may access designated locations in 9. We allow only portable or temporary the hunting area to hunt from ground blinds. blinds and tree stands. To access these areas, hunters must contact 10. We allow parking in designated areas the refuge manager in advance to obtain a only. Special Use Permit. 11. The first week of the archery and the 9. We prohibit the use of any mechanized first week of general elk and deer hunting vehicle to enter or exit the hunt area; this season are open to youth-only (ages 12 and 13 includes bicycles. only) hunting. D. Sport Fishing. We allow fishing on des- D. Sport Fishing. [Reserved] ignated areas (Wildlife Viewing Area) of the refuge in accordance with State regulations MEDICINE LAKE NATIONAL WILDLIFE REFUGE in effect on the Bitterroot River from Tuck- A. Migratory Game Bird Hunting. We allow er Crossing to Florence Bridge. hunting of duck, goose, snipe, and dove on designated areas of the refuge in accordance LOST TRAIL NATIONAL WILDLIFE REFUGE with State regulations. A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. We allow hunting B. Upland Game Hunting. We allow hunting of pheasant, partridge, and sharp-tailed of turkey and mountain grouse in designated grouse on designated areas of the refuge in areas of the refuge in accordance with State accordance with State regulations.

321

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.45 50 CFR Ch. I (10–1–06 Edition)

C. Big Game Hunting. We allow hunting of nearby foothills at the southeast corner of deer and antelope on designated areas of the the refuge. We prohibit moose hunting in all refuge in accordance with State regulations. other areas of the refuge. D. Sport Fishing. We allow sport fishing on 3. You may hire outfitters or ranchers for designated areas of the refuge in accordance the retrieval of big game. with State regulations subject to posted ref- 4. We only allow retrieval of game in closed uge restrictions. areas of the refuge with the consent of a refuge employee. NATIONAL BISON NATIONAL WILDLIFE REFUGE 5. We prohibit use of wheeled game carts or A. Migratory Game Bird Hunting. [Reserved] other mechanical transportation devices for B. Upland Game Hunting. [Reserved] game retrieval on portions of the refuge des- C. Big Game Hunting. [Reserved] ignated as Wilderness Area. D. Sport Fishing. The refuge unit is open to 6. We prohibit horses north of Red Rock sport fishing but has no refuge-specific regu- Pass Road except for the retrieval of big lations as it follows guidelines set out in game. We only allow horses for back-country State law. access to the Centennial Mountains south of Red Rock Pass Road. We require the use of NINE-PIPE NATIONAL WILDLIFE REFUGE certified weed-free hay or pellets. A. Migratory Game Bird Hunting. [Reserved] D. Sport Fishing. We allow fishing on des- B. Upland Game Hunting. [Reserved] ignated areas of the refuge in accordance C. Big Game Hunting. [Reserved] with State fishing regulations subject to the D. Sport Fishing. The refuge unit is open to following conditions: sport fishing but has no refuge-specific regu- 1. We allow fishing from the third Satur- lations as it follows guidelines set out in day in May through November 30 on Odell State law. Creek, Red Rock Creek, and Elk Springs Creek west of Elk Lake Road. PABLO NATIONAL WILDLIFE REFUGE 2. We allow fishing from July 15 through September 30 on Widgeon Pond, Culver Pond, A. Migratory Game Bird Hunting. [Reserved] MacDonald Pond, Picnic Creek, and Elk B. Upland Game Hunting. [Reserved] Springs Creek east of Elk Lake Road. C. Big Game Hunting. [Reserved] 3. We allow fishing in open areas from 1⁄2 D. Sport Fishing. The refuge unit is open to hour before legal sunrise to 1⁄2 hour after sport fishing but has no refuge-specific regu- legal sunset. lations as it follows guidelines set out in 4. We prohibit fishing on all other refuge State law. waters. RED ROCK LAKES NATIONAL WILDLIFE REFUGE 5. You must only use pole and line or rod and reel to fish on the refuge. A. Migratory Game Bird Hunting. We allow 6. You must use artificial lures or flies hunting of goose, duck, and coot on des- when fishing refuge waters; we prohibit bait ignated areas of the refuge in accordance fishing. with State hunting regulations subject to 7. We prohibit the use or possession of lead the following conditions: sinkers or any lead fishing product while 1. We only allow hunting on Lower Red fishing. Rock Lake and that portion of the River 8. We prohibit tubes and other flotation de- Marsh located directly north of Lower Red vices used for fishing unless posted at refuge Rock Lake. We close all other areas of the parking areas as open. refuge to hunting of goose, duck, and coot. 2. Hunters must remove all blinds, decoys, SWAN RIVER NATIONAL WILDLIFE REFUGE shell casings, and other personal equipment (see §§ 27.93 and 27.94 of this chapter) from A. Migratory Game Bird Hunting. We allow the refuge each day. hunting of geese, ducks, and coots on des- 3. We only allow nonmotorized boats in the ignated areas of the refuge subject to the fol- hunt area east of the Lower Red Rock Lake lowing condition: Waterfowl and coot hunt- dam. We allow boats with motors 10 hp or ers may possess only approved nontoxic shot less west of Lower Red Rock Lake dam. while in the field. B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of C. Big Game Hunting. [Reserved] deer, elk, moose, and pronghorn antelope on D. Sport Fishing. Refuge open to sport fish- designated areas of the refuge in accordance ing in accordance with State law, and as spe- with State hunting regulations subject to cifically designated in refuge publications. the following conditions: UL BEND NATIONAL WILDLIFE REFUGE 1. Moose hunting on the refuge portion of Montana moose hunt zone 334 opens October A. Migratory Game Bird Hunting. The refuge 15 and runs through the end of the State unit is open to the hunting of migratory moose season. game birds but has no refuge-specific regula- 2. We restrict moose hunting to the willow tions as it follows guidelines set out in State bog area south of Elk Springs Creek and law.

322

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.46

B. Upland Game Hunting. Refuge is open to C. Big Game Hunting. We allow hunting of upland game hunting in accordance with white-tailed deer in accordance with State State laws, regulations and subject to the regulations subject to the following condi- following condition: tion: We require a refuge hunt permit. 1. Coyote hunting allowed from the first D. Sport Fishing. We allow fishing on des- day of antelope rifle season through March 1 ignated areas of the refuge in accordance annually. with State regulations subject to the fol- C. Big Game Hunting. Hunters may hunt big lowing conditions: game subject to refuge-specific regulations 1. We allow personally attended hook and as designated in refuge publications. line fishing and archery fishing (rough fish D. Sport Fishing. The refuge unit is open to only) from 1⁄2 hour before legal sunrise to 1⁄2 sport fishing but has no refuge-specific regu- hour after legal sunset. lations as it follows guidelines set out in 2. We only allow fishing from the shoreline. State law. We prohibit all watercraft in the Boyer Chute waterway. WAR HORSE NATIONAL WILDLIFE REFUGE 3. We prohibit floating lines, limblines, A. Migratory Game Bird Hunting. The refuge trotlines, crossbows, snagging devices, nets, unit is open to the hunting of migratory and spears. game birds but has no refuge-specific regula- 4. We prohibit ice fishing. tions as it follows guidelines set out in State 5. We prohibit digging or netting bait, law. frogging, or collecting mussels. B. Upland Game Hunting. We allow hunting of upland game birds on designated areas of CRESCENT LAKE NATIONAL WILDLIFE REFUGE the refuge subject to the following condition: A. Migratory Game Bird Hunting. We allow You may possess only approved nontoxic hunting of waterfowl and coot in designated shot while in the field. areas of the refuge in accordance with State C. Big Game Hunting. The refuge unit is regulations subject to the following condi- open to big game hunting but has no refuge- tions: specific regulations as it follows guidelines 1. We close the refuge to the general public set out in State law. from legal sunset to legal sunrise. However, D. Sport Fishing. Refuge open to sport fish- hunters may enter the designated hunting ing in accordance with State law, and as spe- area 2 hours before legal sunrise and must be cifically designated in refuge publications. back to their vehicle in the process of leav- [58 FR 5064, Jan. 19, 1993, as amended at 58 ing the refuge 2 hours after legal sunset. Of- FR 29075, May 18, 1993; 59 FR 6694, Feb. 11, ficial shooting hours are from 1⁄2 hour before 1994; 60 FR 62044, Dec. 4, 1995; 62 FR 47379, legal sunrise until 1⁄2 hour after legal sunset Sept. 9, 1997; 63 FR 46918, Sept. 3, 1998; 65 FR for deer, coyote, and furbearer hunters; and 30786, May 12, 2000; 67 FR 58946, Sept. 18, 2002; from 1⁄2 hour before legal sunrise until legal 69 FR 54362, 54427, Sept. 8, 2004; 70 FR 54182, sunset for all other hunters. Sept. 13, 2005] 2. We only allow you to unleash dogs used to locate, point, and retrieve upland and § 32.46 Nebraska. small game and migratory birds on the ref- The following refuge units have been uge while hunting (see § 26.21(b) of this chapter). opened for hunting and/or fishing, and 3. We open the refuge to hunting from Sep- are listed in alphabetical order with tember 1 through January 31 in accordance applicable refuge-specific regulations. with State regulations. 4. We allow decoys, but hunters must re- BOYER CHUTE NATIONAL WILDLIFE REFUGE move them (see § 27.93 of this chapter) at the A. Migratory Game Bird Hunting. We allow end of each day. hunting of ducks, geese, and coots on des- 5. We restrict vehicles to roads that are ignated areas of the refuge subject to the fol- open to the public (see § 27.31 of this chapter). lowing conditions: We prohibit hunters taking vehicles off of 1. You may access the refuge from 11⁄2 approved roads to set up blinds, decoys, or to hours before legal sunrise to 1 hour after retrieve game or for any other purposes legal sunset along the immediate shoreline other than emergencies. We allow parking and including the high bank of the Missouri within one vehicle length of the road. River. You may access the hunting area by 6. We prohibit publicly organized hunts un- water or, if by land, only within the public less authorized under a Special Use Permit. use area of the Island Unit and only with 7. We only allow temporary blinds and shotgun cased and unloaded. stands, and hunters must remove them (see 2. You must remove all blinds and decoys § 27.93 of this chapter) at the end of each day. at the conclusion of each day’s hunt. 8. We only allow floating blinds on Island 3. You must adhere to all applicable State Lake. We prohibit all boats (including a hunting regulations. floating device of any kind) on all other ref- B. Upland Game Hunting. [Reserved] uge lakes.

323

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.46 50 CFR Ch. I (10–1–06 Edition)

B. Upland Game Hunting. We allow hunting NORTH PLATTE NATIONAL WILDLIFE REFUGE of cottontail rabbit, jack rabbit, furbearer, coyote, ring-necked pheasant, and prairie A. Migratory Game Bird Hunting. [Reserved] grouse on designated areas of the refuge in B. Upland Game Hunting. We allow hunting accordance with State regulations subject to of squirrel, rabbit, pheasant, State-defined the following conditions: furbearers, and coyote on designated areas of 1. Conditions A1 through A6 apply. the refuge in accordance with State regula- 2. We prohibit baiting. We allow electronic tions subject to the following conditions: calls for coyote and furbearer hunting. 1. We close the Lake Alice Unit to all pub- 3. Coyotes and all furbearers or their parts, lic entry from October 15 through January if left in the field, must be left out of view of 14. the public. Otherwise hunters must remove 2. Hunters must be 15 years of age or them from the refuge and properly dispose of younger. A licensed hunter 19 years of age or them. older must accompany youth hunters. We C. Big Game Hunting. We allow hunting of prohibit adults accompanying youth hunters white-tailed deer and mule deer on des- to hunt or carry firearms. The accompanying ignated areas of the refuge in accordance adult is responsible for ensuring that the with State regulations subject to the fol- hunter does not engage in conduct that lowing conditions: would constitute a violation of refuge or 1. Conditions A1, A4, A5, A6, and A7 apply. State regulations. 2. We prohibit tree stands that cause dam- 3. We close the refuge to public use from age to the tree by penetrating into the bark legal sunset to legal sunrise. However, youth and tree climbing spikes or screw-in steps hunters and their adult guides may enter the that penetrate beyond the outer bark of a designated hunting area 1 hour prior to legal tree (see § 32.2(i)). sunrise. D. Sport Fishing. We allow fishing on des- 4. We only allow dogs for pheasant-hunting ignated areas of the refuge in accordance on the refuge. with State regulations subject to the fol- C. Big Game Hunting. We allow archery lowing conditions: hunting of mule deer and white-tailed deer 1. We close the refuge to the general public on designated areas of the refuge in accord- from legal sunset to legal sunrise. However, ance with State regulations subject to the anglers may enter the refuge 1 hour before following conditions: legal sunrise and remain until 1 hour after 1. We close the Lake Alice Unit to all pub- legal sunset. lic entry from October 15 through January 2. We open Island Lake to fishing year- 14. round and open Smith and Crane Lakes to 2. We close the refuge to public use from fishing seasonally from November 1 through legal sunset to legal sunrise. However, arch- February 15. We close all other refuge lakes. ery deer hunters may enter the designated 3. We prohibit the possession or use of live hunting area 1 hour prior to legal sunrise or dead minnows and the possession of any and remain until 1 hour after legal sunset. fish not taken lawfully from one of the ref- C. Big Game Hunting. [Reserved] uge lakes open to fishing. D. Sport Fishing. Sport fishing is allowed on 4. We only allow boating and float tubes on designated areas of the refuge pursuant to Island Lake. We prohibit use of internal State law. combustion motors for boats on Island Lake; we close all other refuge lakes to boating or VALENTINE NATIONAL WILDLIFE REFUGE float tubing. 5. We prohibit leaving temporary shelters A. Migratory Game Bird Hunting. Hunters used for fishing overnight on the refuge. may hunt migratory birds on designated areas of the refuge subject to refuge specific DESOTO NATIONAL WILDLIFE REFUGE regulations. Refer to § 32.34 Iowa for regulations. B. Upland Game Hunting. Hunters may hunt upland game on designated areas of the ref- FORT NIOBRARA NATIONAL WILDLIFE REFUGE uge subject to refuge specific regulations. C. Big Game Hunting. Hunters may hunt big A. Migratory Game Bird Hunting. [Reserved] game on designated areas of the refuge sub- B. Upland Game Hunting. [Reserved] ject to refuge specific regulations. C. Big Game Hunting. [Reserved] D. Sport Fishing. Anglers may fish in des- We allow fishing on des- D. Sport Fishing. ignated portions of the refuge subject to ref- ignated areas of the refuge in accordance uge specific regulations. with State regulations subject to the following conditions: [58 FR 5064, Jan. 19, 1993, as amended at 59 1. We only allow fishing on the portions of FR 55187, Nov. 3, 1994; 60 FR 62044, Dec. 4, the Minnechaduza Creek and downstream 1995; 61 FR 45367, Aug. 29, 1996; 62 FR 47380, from Cornell Dam along the Niobrara River Sept. 9, 1997; 63 FR 46918, Sept. 3, 1998; 68 FR that flows through the refuge. 57317, Oct. 2, 2003; 69 FR 54362, 54428, Sept.8, 2. We prohibit the use of limb or set lines. 2004; 70 FR 54183, Sept. 13, 2005]

324

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.47

§ 32.47 Nevada. refuge in accordance with State regulations subject to the following conditions: The following refuge units have been 1. We only allow hunting on designated opened for hunting and/or fishing, and days. are listed in alphabetical order with 2. Conditions A3 applies. applicable refuge-specific regulations. C. Big Game Hunting. [Reserved] D. Sport Fishing. We allow fishing on des- ASH MEADOWS NATIONAL WILDLIFE REFUGE ignated areas of the refuge in accordance with State regulations subject to the fol- A. Migratory Game Bird Hunting. We allow lowing conditions: hunting of goose, duck, coot, moorhen, snipe, 1. We allow fishing year-round with the ex- and dove on designated areas of the refuge in ception of the North Marsh that we close Oc- accordance with State regulations subject to tober 1 to February 1. the following conditions: 2. We only allow motorless boats or boats 1. We allow hunting only on designated with electric motors on the Upper Lake, days. Middle Pond, and Lower Lake. 2. We only allow motorless boats or boats 3. We prohibit the use of boats, rubber with electric motors on the refuge hunting rafts, or other flotation devices on the North area during the migratory waterfowl hunting Marsh. season. 3. We open the refuge to the public from 1 RUBY LAKE NATIONAL WILDLIFE REFUGE hour before legal sunrise until 1 hour after A. Migratory Game Bird Hunting. We allow legal sunset. hunting of dark geese, ducks, coots, 4. You may only possess approved nontoxic moorhens, and common snipe on designated shot while in the field (see § 32.2(k)). areas of the refuge in accordance with State B. Upland Game Hunting. We allow hunting regulations and subject to the following con- of quail and rabbit on designated areas of the ditions: refuge in accordance with State regulations 1. The refuge is open to the public from 1 subject to the following conditions: hour before sunrise until 2 hours after sun- 1. Conditions A3 and A4 apply. set. 2. We only allow hunting on designated 2. We do not allow permanent or pit blinds days. on the refuge. You must remove all blind C. Big Game Hunting. [Reserved] materials and decoys following each day’s D. Sport Fishing. [Reserved] hunt. B. Upland Game Hunting. [Reserved] Desert National Wildlife Refuge C. Big Game Hunting. [Reserved] A. Migratory Game Bird Hunting. [Reserved] D. Sport Fishing. We allow fishing on des- B. Upland Game Hunting. [Reserved] ignated areas of the refuge in accordance C. Big Game Hunting. Hunting of bighorn with State laws and subject to the following sheep is permitted on designated areas of the conditions: 1. The refuge is open to the public from 1 range subject to the following conditions: hour before sunrise until 2 hours after sun- 1. Bighorn sheep guides are required to ob- set. tain a Special Use Permit prior to taking cli- 2. We allow fishing by wading and from ents onto the range. personal flotation devices (float tubes) and 2. Natural bighorn sheep mortality (pick- bank fishing in designated areas. up heads) found on the range are government 3. You may use only artificial lures in the property and possession or removal of them Collection Ditch and adjoining spring ponds. from the range is not permitted. 4. We do not allow boats on refuge waters D. Sport Fishing. [Reserved] from January 1 through June 14. PAHRANAGAT NATIONAL WILDLIFE REFUGE 5. During the boating season, we allow boats only on the South Marsh. June 15 A. Migratory Game Bird Hunting. We allow through July 31, we allow only motorless hunting of goose, duck, coot, moorhen, snipe, boats or boats with battery-powered electric and dove on designated areas of the refuge in motors. Anglers must remove all gasoline- accordance with State regulations subject to powered motors. August 1 through December the following conditions: 31, we allow only motorless boats and boats 1. We allow hunting only on designated propelled with motors with a total of 10 days. horsepower or less. 2. We only allow motorless boats or boats 6. We allow launching of boats only from with electric motors on the refuge hunting designated landings. area during the migratory waterfowl hunting 7. We prohibit the possession of live or season. dead bait fish, any amphibians (including 3. You may only possess approved nontoxic frogs), and crayfish on the refuge. shot while in the field (see § 32.2(k)). 8. We do not allow storage of boats of any B. Upland Game Hunting. We allow hunting kind on the refuge beginning January 1 of quail and rabbit on designated areas of the through May 31.

325

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.47 50 CFR Ch. I (10–1–06 Edition)

9. We do not allow off-road vehicles on the STILLWATER NATIONAL WILDLIFE REFUGE refuge. A. Migratory Game Bird Hunting. We allow SHELDON NATIONAL WILDLIFE REFUGE hunting of migratory game birds on designated areas of the refuge in accordance A. Migratory Game Bird Hunting. We allow with State regulations subject to the fol- hunting of goose, duck, and coot on the ref- lowing conditions. uge in accordance with State regulations 1. We prohibit hunting inside the posted no subject to the following conditions: hunting zone around the residence of the 1. We prohibit hunting on the following wa- former Alves property. ters: Big Spring Reservoir, Catnip Reservoir, 2. We prohibit hunting inside the posted no Dunfurrena Ponds, and the ‘‘Little Sheldon’’ hunting zone located south of Division Road portion of the refuge. as shown in the refuge brochure. 2. Hunters may only use boats with elec- 3. We prohibit loaded weapons (see § 27.42(b) tric motors. of this chapter) inside the posted retrieval 3. We only allow portable blinds and tem- zone. The zone begins on the north edge of porary blinds constructed of synthetic mate- Division Road and extends 200 yards (180 m) rial. northward. B. Upland Game Hunting. We allow hunting of quail, grouse, and chukar on the refuge ex- 4. We allow persons to transport rifles and cept in the following areas: The ‘‘Little Shel- pistols through the refuge only when un- don’’ portion of the refuge and around the loaded and cased (see § 27.42(b) of this chap- Dunfurrena Ponds in accordance with State ter). regulations subject to the following condi- 5. We prohibit boating outside of the wa- tion: We allow sage grouse hunting and re- terfowl and youth waterfowl hunting season quire a State permit. except on Swan Check Lake where we allow C. Big Game Hunting. We allow hunting of nonmotorized boating all year. deer, antelope, and bighorn sheep on the ref- 6. We prohibit boats on Swan Lake, the uge except in the following areas: The ‘‘Lit- northeast corner of North Nutgrass Lake, tle Sheldon’’ portion of the refuge and and the north end of Pintail Bay. We allow around Dunfurrena Ponds in accordance with the use of nonmotorized carts, sleds, floating State regulations subject to the following blinds, and other floating devices in these conditions: areas to transport hunting equipment and to 1. We allow ground blinds, and you must conceal hunters, but not to transport hunt- not construct them earlier than 1 week prior ers. to the opening day of the legal season for 7. We only allow outboard motor boats on which you have a valid permit. Lead Lake, Tule Lake, Goose Lake, South 2. You must remove blinds (see § 27.93 of Nutgrass Lake, the southeast corner of this chapter) within 24 hours of harvesting North Nutgrass Lake, and south end of Pin- an animal or at the end of the permittee’s tail Bay. legal season. 8. We only allow air-thrust boats on Goose 3. You must tag blinds with the owner’s Lake, South Nutgrass Lake, the southeast name and permit number. corner of North Nutgrass Lake, and the 4. We prohibit destruction of natural vege- south end of Pintail Bay. tation (see § 27.51 of this chapter) or below- 9. You may not operate air-thrust boats ground excavation. until 1 hour after the legal shooting time on D. Sport Fishing. We allow fishing in Big opening day of waterfowl season. Spring Reservoir, Catnip Reservoir, and in 10. We require air-thrust boat owners to the Dunfurrena Ponds in accordance with get a Special Use Permit from the refuge State regulations subject to the following manager and to display a number on their conditions: airboats. 1. We only allow boats with electric mo- 11. We allow nonmotorized boats on all tors. lakes and bays except Swan Lake, the north- 2. We only allow individuals who are age 12 east corner of North Nutgrass Lake, and the or under, age 65 or older, or disabled to fish north end of Pintail Bay. in McGee Pond. 12. We prohibit all-terrain vehicles on the refuge (see § 27.31(f) of this chapter). STILLWATER MANAGEMENT AREA 13. We only allow parking on boat landings A. Migratory Game Bird Hunting. Hunting is and designated parking areas. allowed as per State law. 14. We only allow camping in designated B. Upland Game Hunting. Hunting is al- areas. lowed as per State law. 15. We prohibit campfires (see § 27.95 of this C. Big Game Hunting. Hunting is allowed as chapter). per State law. B. Upland Game Hunting. We allow hunting D. Sport Fishing. Sport fishing is allowed as of upland game species on designated areas per State law with certain restrictions as of the refuge in accordance with State regu- posted. lations subject to the following conditions:

326

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.48

1. Conditions A1, A2, A4, A12, A13, A14, and hunters up to age 16 when hunting. We A15 apply. charge no refuge permit fee to youth hunt- 2. Hunters must only use shotguns with ap- ers. proved nontoxic shot (see § 32.2(k)). 5. Youth hunters must have successfully C. Big Game Hunting. We allow hunting of completed a State hunter education course. mule deer on designated areas of the refuge 6. We require deer hunters to wear in a in accordance with State regulations subject visible manner on the head, chest, and back, to the following conditions: a minimum of 400 square inches (2,600 cm2) of 1. Conditions A1, A2, A12, A13, A14, and A15 solid-colored, blaze-orange clothing or mate- apply. rial. 2. Hunters must only use shotguns, muzzle- 7. We only allow shotgun hunting with loading weapons, or bow and arrow. slugs. We prohibit other firearms, including 3. We allow persons to transport centerfire handguns, at any time while on the refuge. rifles and pistols through the refuge only 8. You must unload shotguns (see § 27.42(b) when unloaded and cased (see § 27.42(b) of this of this chapter) outside of legal State hunt- chapter). ing hours and while traveling through any D. Sport Fishing. [Reserved] designated safety zone. 9. We only allow portable tree stands that [58 FR 5064, Jan. 19, 1993, as amended at 59 hunters must remove (see § 27.93 of this chap- FR 6694, Feb. 11, 1994; 60 FR 62044, Dec. 4, ter) at the end of the day. 1995; 61 FR 46397, Sept. 3, 1996; 62 FR 47380, 10. Two weeks prior to the hunt, we will Sept. 9, 1997; 63 FR 46919, Sept. 3, 1998; 65 FR allow selected hunters a refuge permit (you 30786, May 12, 2000; 65 FR 56405, Sept. 18, 2000; must possess and carry) to scout for 4 days. 66 FR 46360, Sept. 4, 2001; 67 FR 58948, Sept. Scout days are Wednesdays through Satur- 18, 2002; 69 FR 54362, 54429, Sept. 8, 2004] days during daylight hours only. 11. You must possess and carry the refuge § 32.48 New Hampshire. permit with you at all times while scouting We have opened the following refuge and hunting the refuge. unit to hunting and/or fishing with ap- 12. You must check-in at the refuge electronic gate between 4:30 a.m. and 5:30 a.m. on plicable refuge-specific regulations: your assigned hunt day. 13. We open the entire refuge to deer hunt- GREAT BAY NATIONAL WILDLIFE REFUGE ing, with the exception of designated safety A. Migratory Game Bird Hunting. We allow zones and the former Weapons Storage Area. hunting of waterfowl in accordance with 14. In order to protect bald eagles from dis- State regulations subject to the following turbance, we may, on a daily basis, close conditions: Woodman Point to deer hunting if signifi- 1. We do not require a separate Federal cant numbers of roosting bald eagles are permit for waterfowl hunting. using the area. 2. We only allow hunting from Great Bay 15. You must park in designated parking up to the refuge boundary signs and hunters areas and along roads up to barricades; from may not retrieve birds beyond refuge signs there, hunters must only travel by foot. from the shoreline. 16. You must take harvested deer to the 3. We only allow portable blinds. You must refuge office before leaving. remove all decoys, blinds, and boats (see 17. The refuge is located in Newington, § 27.93 of this chapter) each day. New Hampshire, along the eastern shoreline 4. Waterfowl hunters may only access of Great Bay. McIntyre Road borders the ref- shorelines by boat from launching areas out- uge to the east. The southern boundary beside the refuge. gins approximately 1⁄4 mile (.4 km) north of B. Upland Game Hunting. [Reserved] the intersection of Fabyan Point Road and C. Big Game Hunting. We allow hunting of McIntyre Road and continues west to the white-tailed deer on designated areas of the shoreline of Great Bay. The northern bound- refuge in accordance with State regulations ary begins approximately 150 feet (45 m) subject to the following conditions: south of the intersection of McIntyre Road 1. The deer hunt will be the first weekend and Little Bay Road and continues west to of the State’s either-sex season for Wildlife the shoreline of Great Bay. The western Management Unit M, usually held in Novem- boundary is the shoreline of Great Bay. ber. D. Sport Fishing. [Reserved] 2. We close the refuge to all other public LAKE UMBAGOG NATIONAL WILDLIFE REFUGE use during the hunt weekend. 3. We require refuge permits (you must A. Migratory Game Bird Hunting. We allow possess and carry) for the deer hunt for a fee hunting of duck, goose, American crow, and of $20.00. By lottery we draw 20 hunters for woodcock in accordance with State regula- each day, for a total of 40. We also draw 20 tions, seasons, and bag limits subject to the alternate hunters. following conditions: 4. A licensed and permit-holding adult who 1. You must wear two articles of hunter-or- is at least age18 must accompany youth ange clothing or material. One article must

327

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.48 50 CFR Ch. I (10–1–06 Edition)

be a solid-colored hunter-orange hat; the and you must be in possession of a working other must cover a major portion of the radio-telemetry receiver that can detect and torso, such as a jacket, vest, coat, or poncho track the frequencies of all collars used. We and must be a minimum of 50 percent hunter require no radio-telemetry collars for dogs orange in color (such as orange camouflage) used to hunt snowshoe hare. except when hunting waterfowl. ii. We prohibit training during or outside 2. We will provide permanent refuge blinds of dog season for coyote or hare. that are available by reservation. You may iii. We allow a maximum of four dogs per make reservations for particular blinds up to hunter. 1 year in advance, for a maximum of 1 week, iv. You must pick up all dogs the same day running Monday through Sunday during the you release them (see § 26.21(b) of this chap- hunting season. You may make reservations ter). for additional weeks up to 1 week in advance, C. Big Game Hunting. We allow hunting of on a space-available basis. We prohibit other bear, white-tailed deer, and moose in accord- permanent blinds. You must remove tem- ance with State regulations, seasons, and porary blinds, boats, and decoys (see § 27.93 of bag limits subject to the following condi- this chapter) from the refuge each day. tions: 3. You may use dogs (see § 26.21(b) of this 1. Conditions B3 and B4 apply. chapter) to retrieve, point, and flush when 2. We allow bear hunting with dogs during hunting for migratory birds. State hunting seasons. Hunting with trailing 4. We open the refuge to hunting during dogs on the refuge will be subject to the fol- the hours stipulated under each State’s lowing conditions: hunting regulations but no longer than from i. You must equip all dogs used to hunt 1 1 ⁄2 hour before legal sunrise to ⁄2 hour after bear with working radio-telemetry collars, legal sunset. We close the refuge to night and you must be in possession of a working hunting. Hunters must unload all firearms radio-telemetry receiver that can detect and (see § 27.42 of this chapter) outside of legal track the frequencies of all collars used. hunting hours. ii. We prohibit training during or outside 5. We prohibit the use of all-terrain vehi- of dog season for bear. cles (ATVs or OHRVs) on refuge land (see iii. We allow a maximum of four dogs per § 27.31(f) of this chapter). hunter. B. Upland Game Hunting. We allow hunting of coyote, fox, raccoon, woodchuck, red and iv. You must pick up all dogs the same day eastern gray squirrel, porcupine, skunk, you release them (see § 26.21(b) of this chap- snowshoe hare, ring-necked pheasant, ruffed ter). grouse, and northern bobwhite in accordance 3. We allow prehunt scouting of the refuge; with State regulations, seasons, and bag lim- however, we prohibit dogs and firearms dur- its subject to the following conditions: ing prehunt scouting. 1. We prohibit night hunting. 4. Each hunter must wear two articles of 2. You may only possess approved nontoxic hunter-orange clothing or material. One ar- shot while in the field (see § 32.2(k)). ticle must be a solid-colored hunter orange 3. We open the refuge to hunting during hat; the other must cover a major portion of the hours stipulated under State hunting the torso, such as a jacket, vest, coat, or poncho and must be a minimum of 50 percent regulations but no longer than from 1⁄2 hour hunter orange in color (such as orange cam- before legal sunrise to 1⁄2 hour after legal sunset. We close the refuge to night hunting. ouflage). Hunters must unload all firearms (see § 27.42 5. We allow temporary tree stands and of this chapter), and nock no arrows outside blinds, but you must remove them (see § 27.93 of legal hunting hours. of this chapter) by the end of the season. We 4. We prohibit the use of all-terrain vehi- prohibit nails, screws, or screw-in climbing cles (ATVs or OHRVs) on refuge land (see pegs to build or access a stand or blind (See § 27.31(f) of this chapter). § 32.2(i)). 5. You must wear two articles of hunter-or- D. Sport Fishing. [Reserved] ange clothing or material. One article must SILVIO O. CONTE NATIONAL FISH AND be a solid-colored hunter-orange hat; the WILDLIFE REFUGE other must cover a major portion of the torso, such as a jacket, vest, coat, or poncho A. Migratory Game Bird Hunting. We allow and must be a minimum of 50 percent hunter hunting of duck, goose, common snipe, sora, orange in color (such as orange camouflage) Virginia rail, common moorhen, and Amer- except when hunting turkey. ican woodcock on the Pondicherry Division 6. We allow hunting of coyotes and snow- of the refuge in accordance with State regu- shoe hare with dogs during State hunting lations subject to the following conditions: seasons. Hunting with trailing dogs on the 1. You may only use portable blinds. You refuge will be subject to the following regu- must remove all blinds, decoys, shell casings, lations: and other personal equipment and refuse i. You must equip all dogs used to hunt from the refuge by legal sunset (see §§ 27.93 coyote with working radio-telemetry collars, and 27.94 of this chapter).

328

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.49

2. You must wear in a conspicuous manner 4. You must wear in a conspicuous manner on the outermost layer of the head, chest, on the outermost layer of the head, chest, and back, a minimum of 400 square inches and back a minimum of 400 square inches (2,600 cm2) of hunter-orange clothing or ma- (2,600 cm2) of hunter-orange clothing or material, except when hunting waterfowl. terial, except when hunting turkey or while 3. We allow the use of retrieving dogs but engaged in archery hunting. dogs must be under voice command at all 5. Conditions A5 and A6 apply. times (see § 26.21 of this chapter). 6. We allow prehunt scouting of the refuge; 4. We allow hunting during the hours stipu- however, we prohibit firearms during lated under the State’s hunting regulations prehunt scouting. but no longer than from 1⁄2 hour before legal 7. We will only allow dog training outside sunrise to 1⁄2 hour after legal sunset. We pro- the established hunting seasons under a Spe- hibit night hunting. You must unload all cial Use Permit issued by the Refuge Man- firearms (see § 27.42 of this chapter) outside ager. of legal hunting hours. D. Sport Fishing. [Reserved] 5. We prohibit all-terrain vehicles (ATV’s [65 FR 30786, May 12, 2000, as amended at 65 or OHV’s). FR 56405, Sept. 18, 2000; 69 FR 54362, 54430, B. Upland Game Hunting. We allow hunting Sept. 8, 2004; 70 FR 54183, Sept. 13, 2005] of coyote, fox, raccoon, woodchuck, red squirrel, eastern gray squirrel, porcupine, § 32.49 New Jersey. skunk, American crow, snowshoe hare, ring- necked pheasant, and ruffed grouse on the The following refuge units have been Pondicherry Division of the refuge in accord- opened to hunting and/or fishing, and ance with State regulations subject to the are listed in alphabetical order with following conditions: applicable refuge-specific regulations. 1. You must wear in a conspicuous manner on the outermost layer of the head, chest, CAPE MAY NATIONAL WILDLIFE REFUGE and back, a minimum of 400 square inches A. Migratory Game Bird Hunting. We allow 2 (2,600 cm ) of hunter-orange clothing or ma- hunting of waterfowl, coot, moorhen, rail, terial. common snipe, and woodcock in accordance 2. Conditions A3, A4, and A5 apply. with State regulations subject to the fol- 3. We allow hunting of snowshoe hare and lowing conditions: coyote with dogs from October 1 to March 15. 1. We only allow hunting on those refuge You may hunt with trailing dogs on the ref- tracts located west of Route 47 in the Dela- uge subject to the following conditions: ware Bay Division and on those tracts north i. We will only allow dog training outside of Route 550 in the Great Cedar Swamp Divi- the established hunting seasons under a Spe- sion. We prohibit hunting on the Two Mile cial Use Permit issued by the refuge man- Beach Unit. ager. 2. While hunting migratory game birds, ex- ii. We allow a maximum of four dogs per cept waterfowl, you must wear in a visible hunter. manner on your head, chest, and back a min- iii. You must pick up all dogs the same day imum of 400 square inches (2,600 cm2) of you release them (see § 26.21(b) of this chap- solid-colored, hunter-orange clothing or ma- ter). terial. C. Big Game Hunting. We allow hunting of 3. You must remove all hunting blind ma- white-tailed deer, moose, black bear, and terials, boats, and decoys (see § 27.93 of this wild turkey on the Pondicherry Division of chapter) at the end of each hunting day. We the refuge in accordance with State regula- prohibit permanent or pit blinds. tions subject to the following conditions: 4. The common snipe season on the refuge 1. We allow bear hunting with dogs during begins with the start of the State early the established State hound season. Hunting woodcock south zone season and continues with trailing dogs on the refuge will be sub- through the end of the State common snipe ject to the following conditions: season. i. We allow a maximum of four dogs per 5. You may only possess approved nontoxic hunter. shot while in the field (see § 32.2(k)). ii. You must pick up all dogs the same day B. Upland Game Hunting. [Reserved] you release them (see § 26.21(b) of this chap- C. Big Game Hunting. We allow hunting of ter). white-tailed deer in accordance with State 2. We prohibit the use of bait (see § 32.2(h)). regulations subject to the following condi- 3. We allow temporary tree stands and tions: blinds, but you must remove them (see 1. We prohibit hunting on the following §§ 27.93 and 27.94 of this chapter) by the end of areas: the season. Your name and address must be i. The posted ‘‘Closed Area’’ of Tract 200 in clearly visible on the tree stand. We prohibit the Delaware Bay Division; nails, screws, or screw-in climbing pegs to ii. The posted ‘‘Closed Area’’ in Tract 334 build or access a stand or blind (See § 32.2(i)). in the Delaware Bay Division; and

329

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.49 50 CFR Ch. I (10–1–06 Edition)

iii. The Two Mile Beach Unit. 3. Hunters may enter the refuge no earlier 2. During the firearms big game seasons, than 2 hours before shooting time and must you must wear, in a visible manner on head, leave no later than 1 hour after the end of chest, and back, a minimum of 400 square shooting time. Refuge hunting hours are inches (2,600 cm2) of solid-colored, hunter-or- consistent with State hunting hours. ange clothing or material. 4. During firearm big game season, hunters D. Sport Fishing. [Reserved] must wear in a visible manner on head, chest, and back a minimum of 400 square EDWIN B. FORSYTHE NATIONAL WILDLIFE inches (2,600 cm2) of solid-colored, hunter-or- REFUGE ange clothing or material. A. Migratory Game Bird Hunting. We allow 5. You may scout on the 2 Sundays prior to hunting of waterfowl, coot, moorhen, and the opening day of your respective zone per- rail on designated areas of the refuge in ac- mit. cordance with State regulations subject to D. Sport Fishing. We allow fishing at the the following conditions: Holgate Unit, Little Beach Island, Graveling 1. You must remove all hunting blind ma- Point, Lily Lake, and the posted fishing terials, boats, and decoys (see § 27.93 of this areas along the south side of Parkertown chapter) at the end of each hunting day. We Dock Road, North side of Cedar Run Dock prohibit permanent or pit blinds. Road, end of Stafford Avenue, and the middle 2. You may use trained dogs for the re- branch of the Forked River in accordance trieval of authorized game birds (see § 26.21(b) with State regulations subject to the fol- of this chapter). lowing conditions: 3. You may possess a maximum of 25 ap- 1. We close the Holgate unit and Little proved nontoxic shotshells per day in all Beach Island during the migratory bird nest- hunting units of the Barnegat Division and a ing season. We may extend the closure of the maximum of 50 approved nontoxic shotshells bay side portion of the Holgate Unit through per day in Unit 1 of the Brigantine Division October. (see § 32.2(k)). 2. We require a Special Use Permit to fish 4. In Hunting Unit B of the Barnegat Divi- from Little Beach Island. You may obtain sion, we restrict hunting to designated sites, permits from the refuge headquarters. with each site limited to one party of hunt- 3. We only allow car-top-type launches at ers. Lily Lake. There is no boat ramp. 5. In Hunting Units B, D, E, and F of the 4. We prohibit use of internal combustion Barnegat Division, we require a minimum of engines on Lily Lake. six decoys, and we prohibit jump shooting. 5. We will close the Forked River fishing 6. Access is by boat only in all Units of the area during zone 58 big game hunting season. Barnegat Division except Unit A South and 6. We will open Forked River and Lily Unit F. You may access these units by foot Lake from legal sunrise until legal sunset. or boat. Access is by boat only in all Units of 7. We prohibit fishing, clamming, and crab- the Brigantine Division. bing from any waters within tract 122X, lo- 7. You may not enter hunt Units before 4 cally known as the AT&T properties. We a.m. close this tract to all public use. 8. No person including, but not limited to, GREAT SWAMP NATIONAL WILDLIFE REFUGE a guide, guide service, outfitter, club, or other organization, will provide assistance, A. Migratory Game Bird Hunting. [Reserved] services, or equipment on the refuge to any B. Upland Game Hunting. [Reserved] other person for compensation unless such C. Big Game Hunting. We allow hunting of guide, guide service, outfitter, club, or orga- deer on designated areas of the refuge in ac- nization has obtained a Special Use Permit cordance with State regulations subject to from the refuge for a fee. the following conditions: B. Upland Game Hunting. [Reserved] 1. We require a State permit for the appro- C. Big Game Hunting. We allow hunting of priate New Jersey Deer Management Zone. white-tailed deer in New Jersey Deer Man- 2. In addition to the State permit, we re- agement Zones 56, 57, and 58 in accordance quire a Deer Hunting Permit (along with a with State regulations subject to the fol- fee) issued by the refuge. This permit must lowing conditions: be stamped for validation. 1. We require persons hunting on the refuge 3. We require refuge hunters to pass a writ- for the first time to attend one of the four ten examination before allowing them to refuge-specific hunter-orientation sessions hunt on the refuge. conducted during the fall. 4. Hunters must wear in a visible manner 2. We require a State permit for the appro- on head, chest, and back a minimum of 400 priate State Deer Management Zone. You square inches (2,600 cm2) of solid-colored must have this permit stamped and validated hunter-orange clothing or material. in person at the Brigantine or Barnegat of- 5. Hunters must be in possession of refuge fice. Hunters will receive maps of the refuge- and State hunting permits at all times while specific zones upon validation. hunting on the refuge.

330

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.49

6. Refuge hunting regulations, as listed in for all hunters except youth age 16 and the ‘‘Great Swamp National Wildlife Refuge younger. Public Deer Hunt Map,’’ and found in the ex- 2. We issue one companion permit at no amination, will be in effect. charge to each hunter. We allow companions D. Sport Fishing. [Reserved] to observe and call, but they cannot shoot a firearm or bow. Companion and hunters SUPAWNA MEADOWS NATIONAL WILDLIFE must set up in the same location. REFUGE 3. We have seven hunting areas on the ref- A. Migratory Game Bird Hunting. We allow uge. We allow migratory bird hunting in hunting of geese and ducks on designated Areas A, D, E, and G. We close Areas C and areas of the refuge during designated refuge F to migratory bird hunting. We close Area seasons subject to the following conditions: B to migratory bird hunting except we open 1. We allow loaded and uncased firearms in 119 Owens Station Road to State-licensed an unanchored boat only when retrieving disabled hunters. We provide maps with the crippled birds. refuge permit (you must possess and carry) 2. You must remove all hunting blind ma- that show these areas in detail. terials, boats, and decoys following each 4. We provide you with hunt parking areas day’s hunt. We do not allow permanent and issue parking permits that you must clearly display in your vehicle. Hunters who blinds. park on the refuge must park in identified 3. You may possess only approved nontoxic hunt parking areas. shot while in the field. 5. You must wear, in a visible manner, a B. Upland Game Hunting. [Reserved] minimum of 400 square inches (2,600 cm2) of C. Big Game Hunting. Hunting of white- solid-color, hunter-orange clothing or mate- tailed deer is permitted on designated areas rial on the head, chest, and back, except of the refuge subject to the following condi- when hunting duck and goose. tions: 6. You may only possess approved nontoxic 1. A State permit for the appropriate New shotgun shells (see § 32.2(k)) in quantities of Jersey Deer Management Zone is required. 25 or less daily. 2. In addition to the State permit, a Spe- 7. We prohibit use or erection of permanent cial Use Deer Hunting Permit issued by the or pit blinds. You must remove all hunting refuge is required. blind material, boats, and decoys (see § 27.93 3. All hunters must attend a refuge hunter of this chapter) from the refuge at the end of orientation session. each hunting day. 4. Hunters during firearms big game season 8. We prohibit the use of all terrain vehi- must wear in a conspicuous manner on head, cles (ATVs) on the refuge (see § 27.31(f) of this chest and back a minimum of 400 square chapter), except if you have a State of New inches of solid-colored hunter orange cloth- Jersey—disabled hunting license, have re- ing or material. ceived a disabled hunting permit from the 5. You may only use single-projectile am- refuge, have a certificate of ATV safety class munition when hunting from a stand ele- completion, and are hunting in the disabled vated at least 6 feet (1.8 m) above ground hunter area located at 119 Owens Station level and only in firearms equipped with ad- Road. justable sights or a scope. Hunters may use 9. We allow prehunt scouting, and we allow buckshot when hunting from the ground or the use of dogs while hunting. However, we from stands less than 6 feet above ground prohibit dogs during prehunt scouting. level. 10. We limit the number of dogs per hunt- D. Sport Fishing. We allow fishing and crab- ing party to no more than two dogs. bing on the refuge in designated areas sub- 11. We allow hunters to enter the refuge 2 ject to the following conditions: hours before shooting time, and they must 1. We prohibit the taking of frogs, sala- leave no later than 2 hours after the end of manders, and turtles from all nontidal wa- shooting time. ters and refuge lands. 12. We prohibit the hunting of crows on the 2. We prohibit fishing in designated refuge. nontidal waters from sunset to sunrise. B. Upland Game Hunting. [Reserved] 3. We prohibit bow fishing in nontidal wa- C. Big Game Hunting. We allow hunting of ters. white-tailed deer and turkey on designated areas of the refuge in accordance with State WALLKILL RIVER NATIONAL WILDLIFE REFUGE regulations subject to the following condi- A. Migratory Game Bird Hunting. We allow tions: hunting of all migratory bird species on des- 1. Conditions A1, A2, A4, A8, A9, and A11 ignated areas of the refuge in accordance apply. with State regulations subject to the fol- 2. We have seven hunting areas on the ref- lowing conditions: uge. We allow white-tailed deer and turkey 1. You must possess and carry a signed ref- hunting in Areas A, D, E, F, and G. Area B uge hunt permit at all times while scouting is open for big game hunting east of the and hunting on the refuge. We charge a fee abandoned railroad bed. Also in Area B, we

331

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.50 50 CFR Ch. I (10–1–06 Edition)

only allow State-licensed, disabled hunters restrict hunting to goose, duck, sandhill to hunt at 119 Owens Station Road. We close crane, and American coot (no dove) in the Area C to big game hunting. We provide designated public hunting area in the south- maps with the refuge permit (you must pos- ern portion of the Tract that never ap- sess and carry) that show these areas in de- proaches closer than 100 yards (90 m) to the tail. public auto tour route only; we limit hunt- 3. We require firearms hunters to wear, in ing to Tuesdays, Thursdays, and Saturdays a visible manner, a minimum of 400 square during the period when the State seasons for inches (2,600 cm2) of solid-color, hunter-or- that area are open simultaneously for ALL ange clothing or material on the head, chest, these species; and all hunting must cease at and back. Bow hunters must meet the same 1 p.m. (local time) on each hunt day. On the requirements when we open the firearm sea- South Tract (the portion of the refuge lo- son. We do not require turkey hunters to cated south of U.S. Highway 380), we only wear orange at any time. allow hunting during Special Hunts (Youth 4. You must remove all stands and other hunters [17 years of age and younger] and/or hunting material (see § 27.93 of this chapter) Physically Impaired) as per State seasons from the refuge at the end of each day. and regulations. D. Sport Fishing. We allow fishing in des- 2. You may only possess approved nontoxic ignated sections of the refuge in both New shot while in the field (see § 32.2(k)). York and New Jersey in accordance with 3. We prohibit pit or permanent blinds and State regulations subject to the following require daily removal of all waterfowl decoys conditions: and all temporary blinds/stands (see § 27.93 of 1. We allow fishing in and along the banks this chapter). of the Wallkill River and in the pond at ref- 4. We only allow unleashed hunting/retriev- uge headquarters. ing dogs on the refuge when hunters are le- 2. We require that anglers park in des- gally present in areas where we allow hunt- ignated parking areas to access the Wallkill ers, only if the dogs are under the immediate River through the refuge. control of hunters at all times (see § 26.21(b) 3. You may launch canoes, kayaks, or of this chapter), and only to pursue species small boats at designated river access loca- legally in season at that time. tions. 5. We do not require refuge or other special 4. We allow fishing from legal sunrise to hunt permits other than those required by legal sunset. the State (e.g., sandhill crane permits). 5. We prohibit commercial fishing on the B. Upland Game Hunting. We allow hunting refuge. of pheasant, quail, cottontail, and jack rab- 6. We prohibit the taking of frog and turtle bit on designated areas of the refuge in ac- (see § 27.21 of this chapter). cordance with State regulations subject to [58 FR 5064, Jan. 19, 1993, as amended at 58 the following conditions: FR 29075, May 18, 1993; 59 FR 6686, Feb. 11, 1. On the North Tract (including Salt 1994; 59 FR 55187, Nov. 3, 1994; 60 FR 52868, Creek Wilderness Area and the portion of the Oct. 11, 1995; 60 FR 62044, Dec. 4, 1995; 61 FR refuge located north of U.S. Highway 70), all 46397, Sept. 3, 1996; 62 FR 47380, Sept. 9, 1997; hunting must be in accordance with State 63 FR 46919, Sept. 3, 1998; 65 FR 30787, May 12, seasons and regulations. On the Middle Tract 2000; 65 FR 56406, Sept. 18, 2000; 66 FR 46360, (the portion of the refuge located between Sept. 4, 2001; 69 FR 54362, 54432, Sept. 8, 2004] U.S. Highway 70 and U.S. Highway 380), we only allow pheasant hunting and restrict § 32.50 New Mexico. hunting to the designated public hunting The following refuge units have been area in the southern portion of the Tract that never approaches closer than 100 yards opened for hunting and/or fishing, and (90 m) from the public auto tour route; we are listed in alphabetical order with limit hunting to Tuesdays, Thursdays, and applicable refuge-specific regulations. Saturdays during the State season for the Middle Tract; and all hunting must cease at BITTER LAKE NATIONAL WILDLIFE REFUGE 1 p.m. (local time) on each hunt day. On the A. Migratory Game Bird Hunting. We allow South Tract (the portion of the refuge lo- hunting of goose, duck, coot, mourning dove, cated south of U.S. Highway 380) we only and sandhill crane on designated areas of the allow public hunting during Special Hunts refuge in accordance with State regulations (Youth hunters [17 years of age and younger] subject to the following conditions: and/or Physically Impaired) as per State sea- 1. On the North Tract (including Salt sons and regulations. Creek Wilderness Area and the portion of the 2. Conditions A2 and A4 apply. refuge located north of U.S. Highway 70) all 3. We do not require refuge or other special hunting must be in accordance with State hunt permits other than those required by seasons and regulations. On the Middle Tract the State. (the portion of the refuge located between C. Big Game Hunting. We allow hunting of U.S. Highway 70 and U.S. Highway 380), we mule deer, white-tailed deer, and feral hog

332

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.50

on designated areas of the refuge in accord- 3. We allow cottontail rabbit hunting be- ance with State regulations subject to the tween December 1 and the last day of Feb- following conditions: ruary. 1. We restrict all hunting to the North C. Big Game Hunting. We allow hunting of Tract (including Salt Creek Wilderness Area mule deer and oryx on designated areas of and the portion of the refuge located north the refuge in accordance with State regula- of U.S. Highway 70) in accordance with State tions subject to the following conditions: seasons and regulations, with the specifica- 1. Refer to the refuge map for designated tion that we only allow hunt and take of areas. feral hog (no bag limit) during deer hunts for 2. Hunting on the eastside of the Rio that area and only with the weapon legal for Grande is by foot or horseback only. deer on that day in that area. 3. We allow oryx hunting from the east 2. Condition B3 applies. bank of the Rio Grande and east to the ref- 3. We only allow use of portable blinds or uge boundary. We will allow hunters possessing a valid State special off-range permit stands, and require daily removal of all to hunt oryx on the refuge during the con- blinds and stands (see § 27.93 of this chapter). current State deer season. We also may es- [Reserved] D. Sport Fishing. tablish special hunt dates each year for oryx. Contact the refuge manager for special BOSQUE DEL APACHE NATIONAL WILDLIFE dates. REFUGE 4. Conditions A5 through A8 apply. A. Migratory Game Bird Hunting. We allow D. Sport Fishing. We allow fishing on des- hunting of mourning and white-winged dove ignated areas of the refuge in accordance and light goose on designated areas of the with State regulations subject to the fol- refuge in accordance with State regulations lowing conditions: subject to the following conditions: 1. We allow fishing on all canals within the 1. You must possess and carry a refuge per- refuge boundaries (Interior Drain, Riverside mit for hunting of light goose. The permit is Canal, and Low Flow Conveyance Channel), available through a lottery drawing, and we and unit 25AS either from the boardwalk or must receive applications for the permit by from shore. November 30 of each year along with a $6.00 2. We allow fishing from April 1 through nonrefundable application fee. September 30. 2. We allow hunting of light goose on Mon- 3. We allow fishing from 1 hour before legal day, Wednesday, and Friday during a week in sunrise until 1 hour after legal sunset. January to be determined by refuge staff. We 4. We prohibit trotlines, bows and arrows, will announce hunt dates by September 1 of boats or other floatation devices, seining, dip the previous year. Hunters must report to netting, traps, using bait taken from the ref- the refuge headquarters by 4:45 a.m. each uge, taking of turtle (see § 27.21 of this chap- hunt day. Legal hunting hours will run from ter), littering, and all other activities not expressly allowed. 1⁄2 hour before legal sunrise and will not ex- 5. Access to the canals is via the tour loop. tend past 11:00 a.m. local time. We prohibit fishing in closed areas of the ref- 3. We allow the use of hunting dogs for bird uge, with the exception of the Low Flow retrieval. You must keep dogs on a leash Conveyance Channel. when not hunting (see § 26.21(b) of this chap- 6. We allow frogging for bullfrog on the ref- ter). uge from June 1 through August 15 in areas 4. We prohibit hunters and dogs from re- that are open to fishing. We only allow trieving dead or wounded birds in closed frogging from 1 hour before legal sunrise to areas. 1 hour after legal sunset. Interested persons 5. All State and Federal hunting and fish- must obtain a free Special Use Permit at the ing regulations regarding methods of take, refuge visitor center. dates, bag limits, etc., apply to all hunting 7. All State and Federal fishing regulations and fishing on the refuge, in addition to regarding methods of take, dates, creel lim- these refuge-specific regulations. its, etc., apply to all fishing on the refuge, in 6. We prohibit canoeing, boating, or float- addition to these refuge-specific regulations. ing through the refuge on the Rio Grande. 8. We prohibit fishing for any species on 7. We prohibit hunting any species on the the Rio Grande within the refuge. Rio Grande within the refuge. 9. Condition A6 applies. 8. We prohibit falconry on the refuge. B. Upland Game Hunting. We allow hunting LAS VEGAS NATIONAL WILDLIFE REFUGE of quail and cottontail rabbit on designated A. Migratory Game Bird Hunting. We allow areas of the refuge in accordance with State hunting of mourning dove and Canada goose regulations subject to the following condi- on designated areas of the refuge in accord- tions: ance with State regulations subject to the 1. We only allow shotguns and bows and ar- following conditions: rows. 1. You must possess and carry a refuge per- 2. Conditions A5 through A8 apply. mit and pay a fee.

333

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.51 50 CFR Ch. I (10–1–06 Edition)

2. You may only possess approved nontoxic D. Sport Fishing. [Reserved] shot while in the field (see § 32.2(k)). [58 FR 5064, Jan. 19, 1993, as amended at 59 3. Youth hunters age 17 and under must FR 6694, Feb. 11, 1994; 60 FR 62045, Dec. 4, hunt under the supervision of an adult age 21 1995; 61 FR 46397, Sept. 3, 1996; 65 FR 30787, or older. May 12, 2000; 65 FR 56406, Sept. 18, 2000; 66 FR 4. We prohibit hunters and dogs from en- 46360, Sept. 4, 2001; 67 FR 58948, Sept. 18, 2002; tering closed areas to retrieve birds. 69 FR 54362, 54433, Sept. 8, 2004; 70 FR 54184, 5. We only allow Canada goose hunting on Sept. 13, 2005] designated day(s) of the week as identified on the permit. § 32.51 New York. 6. Shooting hours for Canada goose are from 1⁄2 hour before legal sunrise to 1 p.m. The following refuge units have been local time. opened for hunting and/or fishing, and 7. The bag limit for Canada goose is two. are listed in alphabetical order with 8. For Canada goose hunting, you may only applicable refuge-specific regulations. possess approved nontoxic shells (see § 32.2(k)) while in the field in quantities of AMAGANSETT NATIONAL WILDLIFE REFUGE six or less. A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] D. Sport Fishing. [Reserved] D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from the refuge shoreline MAXWELL NATIONAL WILDLIFE REFUGE in accordance with state regulations. A. Migratory Game Bird Hunting. [Reserved] ELIZABETH A. MORTON NATIONAL WILDLIFE B. Upland Game Hunting. [Reserved] REFUGE C. Big Game Hunting. [Reserved] D. Sport Fishing. Fishing is permitted on A. Migratory Game Bird Hunting. [Reserved] designated areas of the refuge subject to the B. Upland Game Hunting. [Reserved] following conditions: C. Big Game Hunting. [Reserved] 1. Fishing is permitted from noon March 1 D. Sport Fishing. Fishing is permitted on through October 31. designated areas of the refuge subject to the 2. Fishing is permitted only in Lakes 13 following conditions: and 14. 1. Fishing is permitted only on the beach 3. Boats are permitted on Lakes 13 and 14 and in areas not designated as closed. only during the fishing season. 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. Migratory Game Bird Hunting. We allow hunting of goose, duck, rail, coot, gallinule, A. Migratory Game Bird Hunting. [Reserved] snipe, and woodcock on designated areas of B. Upland Game Hunting. [Reserved] the refuge in accordance with State regula- C. Big Game Hunting. We allow hunting of tions subject to the following conditions: oryx or gemsbok (Oryx gazella) on designated 1. For hunting of goose, duck, and coot areas of the refuge subject to the following (only allowed on Tuesdays, Thursdays, and conditions: Saturdays): 1. We require hunters to check in and out i. We require refuge waterfowl hunting per- of the hunt area. mits. We allocate permits by random draw- 2. We require hunters to attend unexploded ing at the Waterfowl Hunter Check Station ordnance (UXO) training prior to entering on Route 77 on hunt days, except that we the hunt area. conduct a mail-in lottery for permits issued 3. We require State permits and payment for opening day and the first two Saturdays of a hunt fee. of the regular waterfowl season. Permits D. Sport Fishing. [Reserved] allow up to three hunters to hunt. We charge a daily fee. A hunt stand is available for SEVILLETA NATIONAL WILDLIFE REFUGE physically challenged hunters possessing a A. Migratory Game Bird Hunting. Hunting of Golden Access Passport. We will allocate the mourning and white-winged doves, geese, hunt stand in a separate random draw for ducks and coots is permitted on designated opening day and by first-come, first-served areas of the refuge subject to the following basis for other hunt days. The permit will conditions: allow one helper who may also hunt. 1. Hunters or dogs may not enter closed ii. You must possess and carry a valid New areas to retrieve birds. York State Waterfowl Education Certificate 2. Permanent blinds are not permitted. of Qualification. B. Upland Game Hunting. [Reserved] iii. You must provide and use a minimum C. Big Game Hunting. [Reserved] of six decoys.

334

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.51

iv. We only allow hunting from 1⁄2 hour be- C. Big Game Hunting. We allow hunting of fore legal sunrise to 12 p.m. (noon). All hunt- white-tailed deer and turkey on designated ers must check out no later than 1 p.m. by areas of the refuge in accordance with State returning the Harvest Report portion of your regulations subject to the following condi- permit to the Waterfowl Hunter Check Sta- tions: tion. 1. White-tailed deer: v. You may only possess approved nontoxic i. We require refuge daily deer hunt per- shotshells (see § 32.2(k)) in the field in quan- mits and reports. These self-issued permits tities of 20 or less. are available at several kiosks located vi. You must hunt within 100 feet (30 m) of around the refuge. You must complete and your designated stand unless actively pur- sign Part A and possess and carry Part B suing crippled birds. while hunting, then complete and return 2. For hunting of rail, gallinule, snipe, and Part B to one of the kiosks at the end of the woodcock: hunt day. i. We require refuge daily small-game hunt ii. All hunters must wear in a visible man- permits and reports. You may obtain these ner on head, chest, and back a minimum of 2 self-issued permits at several kiosks located 400 square inches (2,600 cm ) of solid-colored, around the refuge. The hunter must com- hunter-orange clothing or material during plete and sign Part ‘‘A’’ and possess and any firearms deer season. carry Part ‘‘B’’ while hunting, then complete iii. If you use portable tree stands, blinds, and return Part ‘‘B’’ to one of the kiosks at and decoys, you must remove all equipment the end of the hunt day. (see § 27.93 of this chapter) from the refuge at the end of the day. ii. You may only possess approved 2. Turkey (only allowed during the spring nontoxic shot in the field (see § 32.2(k)). season): iii. We only allow hunting east of Sour i. We require refuge spring turkey hunting Springs Road. permits. We select permittees, except youth 3. We allow youths ages 12 to 17 to hunt permittees as designated below, from a mail- goose and duck on the first Sunday of the in, random drawing for available permits. We regular waterfowl season subject to the fol- charge a nonrefundable application proc- lowing conditions: essing fee. i. Each youth hunter must preregister at ii. Only youth hunters ages 12 to 17, accom- the refuge office. panied by a properly licensed, preapproved ii. Each youth hunter must participate in nonhunting adult (see refuge manager for de- the prehunt orientation and education pro- tails), may hunt at the refuge on the first gram. Sunday of the season. All youth hunters iii. Each youth must hunt with a must register at the refuge headquarters and preapproved, nonhunting adult (see refuge attend a mandatory orientation. manager for details), who must be properly iii. You may use portable blinds and de- licensed to participate in the program. coys, but you must remove all equipment iv. Conditions 1iv, 1v, and 1vi above apply. (see § 27.93 of this chapter) at the conclusion B. Hunting of Upland Game. We allow hunt- of each day. ing of ruffed grouse, gray squirrel, cottontail iv. You may only scout during the 7 days rabbit, pheasant, coyote, fox, raccoon, immediately preceding the season. You must skunk, and opossum on designated areas of possess and carry your permit when scout- the refuge in accordance with State regula- ing. We prohibit calling or possessing a call tions subject to the following conditions: of any kind while scouting. 1. We require refuge daily small-game hunt D. Sport Fishing. We allow fishing and permits and reports. You may obtain these frogging on designated areas of the refuge in self-issued permits at several kiosks located accordance with State regulations subject to around the refuge. You must complete and the following conditions: sign Part A and possess and carry Part B 1. You may only fish or frog from legal while hunting, then complete and return sunrise to legal sunset. Part B to one of the kiosks at the end of the 2. We allow fishing or frogging in Oak Or- hunt day. chard Creek east of Route 63 and on other 2. We only allow hunting from legal sunrise designated areas of the refuge year-round to legal sunset. We prohibit night hunting. during the State season. 3. We allow hunting only between October 3. We only allow ice fishing on Ringneck 1 and the last day of February. Marsh from December 15 through the last 4. You must only possess approved day of February. nontoxic shot (see § 32.2(k)) while in the field 4. We allow frogging in areas open for pub- if hunting with a shotgun. lic fishing. We prohibit guns or archery 5. You must wear in a visible manner on equipment to kill or capture frog. head, chest, and back a minimum of 400 5. We prohibit wading or the use of boats or square inches (2,600 cm2) of solid-colored, other flotation devices, with the exception hunter-orange clothing or material during that you may use nonmotorized boats on any firearms deer season. Oak Orchard Creek east of Route 63.

335

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.51 50 CFR Ch. I (10–1–06 Edition)

6. We require that anglers remove boats, 1. We only allow hunting of white-tailed structures, or other equipment (see § 27.93 of deer on designated portions of the refuge by this chapter) from the refuge after the com- archery, firearms (see § 27.42 of this chapter), pletion of the day’s fishing activities. or muzzleloaders during established refuge 7. We allow fishing and frogging from seasons set within the general State white- Schoolhouse Marsh dike and Center Marsh tailed deer season. dike from July 15 to September 30. 2. We prohibit Sunday hunting. 3. Each hunter must possess, carry, and re- MONTEZUMA NATIONAL WILDLIFE REFUGE turn at day’s end a valid daily hunt permit A. Migratory Game Bird Hunting. We allow card. hunting of waterfowl on designated areas of 4. Daily hunt permits are available at the the refuge in accordance with State regula- Route 89 Hunter Check Station on a first- tions subject to the following conditions: come, first-served basis, issued by refuge per- 1. We require daily refuge permits (you sonnel or available on a self-service basis. must possess and carry)/reservations. 5. We make available 150 firearms hunt per- 2. We only allow hunting on Tuesdays, mit cards each day on a first-come, first- Thursdays, and Saturdays during the estab- served basis. lished refuge season set within the State 6. Hunters must fill out Part A of the daily western zone season. hunt permit card at check-in and leave it 3. We take telephone reservations from 8 with refuge personnel or deposit it in the a.m. to 8:30 a.m. on Tuesdays, Thursdays, Part A box at the Route 89 Hunter Check and Saturdays for the next hunt day (except Station. for opening day). 7. The hunter must carry Part B of the 4. We take opening day reservations be- daily hunt permit card while hunting the ref- tween 8 a.m. and 8:30 a.m. on the day imme- uge. diately before the season opener. 8. The hunter must complete Part B and 5. The reservation telephone number is 315– deposit it in the Part B box at the Route 89 568–4136. Hunter Check Station by the end of the hunt 6. All telephone reservations are available day. on a first-come, first-served basis. 9. Successful opening day archery hunters 7. Persons with a reservation may bring must bring their deer to the Route 89 Hunter one companion. Check Station. 8. Hunters reserve the parking area of their 10. Successful firearms hunters must bring choice when making their reservations. their deer to the Route 89 Hunter Check Sta- 9. All hunters with reservations and their tion on the days we staff it. companions must check-in at the Route 89 Hunter Check Station at least 1 hour before 11. Firearms hunters must wear in a visible legal shooting time or forfeit their reserva- manner on the head, chest, and back a min- 2 tion. imum of 400 square inches (2,600 cm ) of 10. Forfeited reservations become available solid-blaze orange. on a first-come, first-served basis to standby 12. We only allow shotguns and hunters at the Route 89 Hunter Check Sta- muzzleloaders during the firearms (see § 27.42 tion. of this chapter) season. We prohibit hand- 11. We require $10.00 per reservation fee. guns. Hunters with either Golden Age or Access 13. Hunters must have all guns unloaded Passports receive a 50 percent discount. (see § 27.42 of this chapter) between legal sun- 12. We require motorless boats to hunt and set and legal sunrise. limit hunters to one boat per reservation. 14. Hunters must disassemble, lock, or case 13. We select hunting sites in a free-roam all bows after legal sunset and before legal system. sunrise. 14. You may only possess approved 15. We prohibit advance scouting. nontoxic shells (see § 32.2(k)) while in the 16. We prohibit boats and canoes on refuge field in quantities of 15 or less. pools. We prohibit hunting on the open water 15. We prohibit shooting from the dike. portions of the refuge pools. 16. Hunting ends at 12 p.m. (noon), and all 17. We prohibit ATVs (see § 27.31(f) of this hunters must check out by 1 p.m. chapter). 17. We require successful completion of the 18. Hunters may only use portable tree New York State Waterfowl Identification stands and must remove them (see § 27.93 of Course, the Montezuma Nonresident Water- this chapter) from the refuge each day. fowl Identification Course, or a suitable non- 19. We prohibit screw-in tree steps (see resident State Waterfowl Identification § 32.2(i)). Course to hunt the refuge. 20. We allow firearms hunters to be on the B. Upland Game Hunting. [Reserved] refuge during the period that begins 1 hour C. Big Game Hunting. We allow hunting of before legal sunrise and ends 1 hour after white-tailed deer on designated areas of the legal sunset. refuge in accordance with State regulations 21. We allow archery hunters to be on the subject to the following conditions: refuge during the period that begins 1 hour

336

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.51

before legal sunrise (except for opening day) 5. You must possess proof of completion of and ends 1 hour after legal sunset. the refuge-specific orientation program upon 22. On opening day, we allow archery hunt- check-in at the designated refuge hunting lo- ers on the refuge during the period that be- cation. gins 2 hours before legal sunrise and ends 1 6. You must limit driving to designated ac- hour after legal sunset. cess roads and park only in designated areas D. Sport Fishing. Anglers may only access (see § 27.31 of this chapter). We prohibit use the New York State Barge Canal System Wa- of motorized vehicles on the refuge to re- ters at two sites on the refuge: The Seneca trieve white-tailed deer. River Fishing Access Site and the May’s 7. You must display refuge parking permits Point Fishing Area. Anglers may either bank face-up on the vehicle dashboard while hunt- fish or boat fish in accordance with State ing. regulations. 8. We allow hunters to enter the refuge 1 hour before legal hunting hours. Hunters OYSTER BAY NATIONAL WILDLIFE REFUGE must leave the refuge no later than 1 hour A. Migratory Game Bird Hunting. [Reserved] after legal sunset. B. Upland Game Hunting. [Reserved] 9. We prohibit the use of dogs to hunt or C. Big Game Hunting. [Reserved] pursue game. We prohibit driving deer by D. Sport Fishing. Anglers may fish in ref- any means on the refuge. We prohibit the use uge-controlled waters of Oyster Bay. Anglers of decoys to hunt deer on the refuge. may also fish from designated areas on the 10. We prohibit carrying a loaded weapon refuge shoreline at Mill Pond during day- and/or discharge of a firearm within the des- light hours. All fishing within the refuge is ignated 500-foot (150 m) ‘‘No Hunt Buffer’’, in accordance with state regulations. vehicles, or parking areas (see § 27.42(b) of this chapter). SEATUCK NATIONAL WILDLIFE REFUGE 11. We prohibit shooting directly into or A. Migratory Game Bird Hunting. [Reserved] towards the 500-foot (150 m) ‘‘No Hunt Buff- B. Upland Game Hunting. [Reserved] er’’. C. Big Game Hunting. [Reserved] 12. We prohibit the killing or crippling of D. Sport Fishing. Anglers may fish in ref- any deer without the hunter making reason- uge-controlled waters of Great South Bay able effort to retrieve the deer and retain it from boats only. All fishing is in accordance in his/her actual custody. with state regulations. 13. Hunters assigned to Unit 5 must hunt from portable tree stands and must direct TARGET ROCK NATIONAL WILDLIFE REFUGE aim away from a public road and/or dwelling. A. Migratory Game Bird Hunting. [Reserved] 14. You must have only shotgun shells B. Upland Game Hunting. [Reserved] loaded with slugs during the firearms season. C. Big Game Hunting. [Reserved] 15. You must wear a minimum of 400 square D. Sport Fishing. Anglers may fish in Hun- inches (2,600 cm2) of solid-orange clothing, tington Bay from the refuge shoreline when visible on head, chest, and back during the the refuge is open to visitors. All fishing is firearms season. Camouflage orange does not in accordance with state regulations. qualify. 16. We prohibit construction or use of per- WERTHEIM NATIONAL WILDLIFE REFUGE manent structures while hunting. We pro- A. Migratory Game Bird Hunting. [Reserved] hibit driving a nail, spike, screw or other B. Upland Game Hunting. [Reserved] metal object into any tree or hunting from C. Big Game Hunting. We allow hunting of any tree on the refuge in which a nail, spike, whitetail deer on designated areas of the ref- screw or other object has been driven (see uge in accordance with State regulations § 32.2(i)). subject to the following conditions: 17. You may use temporary or portable 1. We allow archery and shotgun hunting of tree stands while hunting deer. You must re- white-tailed deer within portions of the ref- move all stands or any blinds by legal sunset uge on specific days between October 1 and (see §§ 27.93 and 27.94 of this chapter). We re- January 31. quire all tree stands to have the name and 2. We require refuge permits. We limit the address of the owner clearly printed on the number of deer hunters allowed to hunt on stand. the refuge. We will issue permits by random 18. You must report all accidents and inju- selection. ries to refuge personnel as soon as possible 3. You must take the specified number of and by no later than your departure from the antlerless deer as noted in the refuge hunt- refuge. ing regulations before taking an antlered 19. Failure to comply with Federal, State, deer. and/or refuge regulations will lead to dis- 4. You must possess and carry all applica- missal from the refuge and elimination of ble and valid hunting licenses, permits, participation in future hunts. stamps, and a photographic identification 20. You must abide all rules and regula- while hunting on the refuge. tions listed on the hunting permit.

337

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.52 50 CFR Ch. I (10–1–06 Edition)

21. We prohibit the use of any bait, salt, or 5. You may only possess approved nontoxic enticement (see § 32.2(h)). shot in the field (see § 32.2(k)). 22. A nonhunting adult (see the refuge 6. We allow retrieving dogs in designated manager for details) with a valid State hunt- areas. We prohibit the use of dogs in the ing license must accompany junior hunters. Gum Swamp Unit. 23. We prohibit the marking of any tree, 7. We open the refuge to daylight use only, trail, or other refuge feature with flagging, except that we allow hunters to enter and re- paint, reflective material or any other sub- main in open hunting areas from 1 hour be- stance. fore legal shooting time until one hour after 24. You may scout hunting areas on the legal shooting time. refuge only during designated times and B. Upland Game Hunting. We allow upland days. We prohibit the use of dogs during game hunting on designated areas of the ref- scouting. uge in accordance with State regulations 25. We prohibit the use of electronic calls subject to the following conditions: during any hunting season. 1. Conditions A1, A4, A5, and A7 apply. 26. We prohibit the trimming or cutting of 2. We only allow dog training during the branches larger than the diameter of a quar- corresponding hunt season. ter (see § 27.61 of this chapter). 3. We require a Special Use Permit to hunt D. Sport Fishing. Fishing is permitted on raccoon or opossum from 1⁄2 hour after legal designated areas of the refuge subject to the sunset until 1⁄2 hour before legal sunrise. following conditions: 4. We allow the use of dogs in designated 1. Shore and boat fishing is permitted on areas as shown in the refuge Hunting Regu- that portion of the Carmans River between lations and Permit Map brochure. Sunrise and Montauk Highways. 5. We allow retrieving, pointing, and flush- 2. Only boat fishing is permitted from ing dogs in designated areas. We prohibit the Montauk Highway south to the mouth of the use of dogs in the Gum Swamp Unit. Carmans River. C. Big Game Hunting. We allow hunting of 3. Fishing is permitted only during day- white-tailed deer on designated areas of the light hours. refuge in accordance with State regulations 4. Spearfishing and taking of baitfish and subject to the following conditions: frogs is not permitted. 1. Conditions A1, A4 (an adult may only supervise one youth hunter), A7 and B2 apply. [58 FR 5064, Jan. 19, 1993, as amended at 58 2. We close the Hyde county portion of the FR 29076, May 18, 1993; 59 FR 6695, Feb. 11, refuge to all hunting during State bear sea- 1994; 60 FR 62045, Dec. 4, 1995; 63 FR 46919, sons. Sept. 3, 1998; 65 FR 30787, May 12, 2000; 65 FR 3. We only allow pursuit/trailing dogs in 56406, Sept. 18, 2000; 69 FR 54362, 54434, Sept. designated areas as shown in the Refuge 8, 2004; 70 FR 54184, Sept. 13, 2005] Hunting Regulations and Permit Map brochure. § 32.52 North Carolina. 4. Unarmed hunters may walk to retrieve The following refuge units have been stray dogs from closed areas and ‘‘no dog opened to hunting and/or fishing, and hunting’’ areas. D. Sport Fishing. We allow fishing and are listed in alphabetical order with frogging in accordance with State regula- applicable refuge-specific regulations. tions subject to the following conditions: 1. We only allow fishing from legal sunrise ALLIGATOR RIVER NATIONAL WILDLIFE to legal sunset. REFUGE 2. We only allow pole and line, rod and reel, A. Hunting of Migratory Birds. We allow or cast net. hunting of migratory game birds on des- 3. We require a Special Use Permit for fish- ignated areas of the refuge in accordance ing or frogging between legal sunset and with State regulations subject to the fol- legal sunrise. lowing conditions: 4. You must only take frog by use of frog 1. Hunters must possess and carry a valid gigs. refuge hunting permit. 2. We prohibit construction or use of a per- CEDAR ISLAND NATIONAL WILDLIFE REFUGE manent blind. A. Migratory Game Bird Hunting. We allow 3. We close the Farming Area to waterfowl hunting of tundra swan, Canada and snow hunting. goose, brant, duck, and coot on designated 4. Each youth hunter must remain within areas of the refuge in accordance with State sight and normal voice contact of an adult regulations subject to the following condi- age 21 or older. An adult may directly super- tions: vise (up to two) youth hunters (age 15 and 1. We allow hunting on 400 acres (160 ha) of under), who must have successfully com- marsh located along the southern border of pleted a State-approved hunter safety course West Bay and the eastern border of West and possess and carry proof of certification. Thorofare Bay between the John Day Ditch

338

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.52

and the Thorofare Ditch. The hunt area ex- 2. We allow the use of shotguns, muzzle- tends 300 feet (90 m) from the shoreline into loading rifles/shotguns, and bows. We pro- the marsh. hibit the use of all other rifles and pistols. 2. We allow portable blinds, but you must 3. We allow access to hunting areas from 5 remove them (see § 27.93 of this chapter) each a.m. until 8 p.m. day. 4. We prohibit carrying a loaded firearm on 3. Hunters/hunt parties must not hunt clos- or within 50 feet (15 m) of gravel roads. er than 150 yards (135 m) apart. 5. We prohibit the marking of trees or 4. You may use decoys but you must revegetation (see § 27.51 of this chapter) with move them (see § 27.93 of this chapter) daily blazes, flagging, or other marking devices. upon completion of your hunting. D. Sport Fishing. Fishing is permitted on 5. We only allow hunting during the State designated areas of the refuge subject to the waterfowl seasons occurring in November, following conditions: December, and January. 1. Fishing is permitted only from sunrise B. Upland Game Hunting. [Reserved] to sunset from March 15 through October 15 C. Big Game Hunting. [Reserved] with the exception that bank fishing is permitted in Corey’s Ditch and the canal adja- D. Sport Fishing. [Reserved] cent to the Knotts Island Causeway year- CURRITUCK NATIONAL WILDLIFE REFUGE round. 2. All fishing lines must be attended. A. Hunting of Migratory Birds. We allow 3. Airboats are not permitted. hunting of swan, goose, duck, and coot on designated areas of the refuge in accordance MATTAMUSKEET NATIONAL WILDLIFE REFUGE with State regulations subject to the fol- A. Migratory Game Bird Hunting. We allow lowing conditions: the hunting of tundra swan, snow goose, 1. We require a North Carolina Waterfowl duck, and coot on designated areas of the Hunt Permit or a Refuge Hunt Permit. You refuge in accordance with State regulations must carry a permit while hunting on the subject to the following conditions: refuge. 1. We require refuge-issued permits that 2. You must hunt from assigned blind loca- you must validate at the refuge head- tion. quarters, sign, possess, and carry while hunt- 3. We allow hunting on Wednesdays and ing. Saturdays during the State waterfowl sea- 2. Each hunt participant must pay a $12.50 son. daily user fee. 4. We allow hunting from 1⁄2 hour before 3. We restrict hunting to designated blinds legal sunrise to 1 p.m. assigned by refuge personnel. 5. We allow access 11⁄2 hours before legal 4. Hunters may only shoot crippled water- shooting time, and all parties must be off the fowl from outside the assigned blind. refuge by 2 p.m. 5. There is a 30-shell limit per blind hunter 6. All hunters holding a North Carolina per day. Waterfowl Hunt Permit must check-in at the 6. You may use decoys, but you must re- Knotts Island Market by 5:15 a.m. on the move them (see § 27.93 of this chapter) daily morning of the hunt. We require no check-in upon completion of your hunt. for hunters holding Snow Goose Hunt Per- 7. All waterfowl hunters must check out at mits. the assigned station prior to leaving the ref- 7. All guides must obtain and carry a refuge. uge Special Use Permit to conduct guided 8. Shooting hours are from 1⁄2 hour before hunts on the refuge. legal sunrise until 12 p.m. (noon). Hunting B. Upland Game Hunting. [Reserved] hours on the first day of the youth hunt are C. Big Game Hunting. [Reserved] from 1 p.m. until legal sunset. D. Sport Fishing. [Reserved] 9. We allow the use of retrieving dogs, but dogs must be under voice command at all GREAT DISMAL SWAMP NATIONAL WILDLIFE times (see § 26.21(b) of this chapter). REFUGE 10. You must unload guns (see § 27.42(b) of this chapter) during transport through the Refer to § 32.66 Virginia for regulations. refuge. 11. We only allow the taking of Canada MACKAY ISLAND NATIONAL WILDLIFE REFUGE goose during the State September Canada A. Migratory Game Bird Hunting. [Reserved] goose season subject to the following condi- B. Upland Game Hunting. [Reserved] tions: C. Big Game Hunting. We allow hunting of i. We allow hunting Monday through Sat- deer on designated areas of the refuge in ac- urday during the State season, and we re- cordance with State regulations subject to quire refuge-issued permits that you must the following conditions: obtain at the refuge office, sign, possess, and 1. We require a Refuge Deer Hunting Per- carry while hunting. mit that hunters must sign and carry while ii. We close the following areas to hunting hunting on the refuge. of Canada goose: Impoundments MI–4, MI–5,

339

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.52 50 CFR Ch. I (10–1–06 Edition)

and MI–6; in Rose Bay Canal, Outfall Canal, v. Along the west main and east main Lake Landing Canal and Waupoppin Canal; canal between Entrance Road metal bridge 150 feet (45 m) from the mouth of the canals and Number One East Canal as posted. where they enter Lake Mattamuskeet; and 2. We allow bank fishing and crabbing from 150 yards (135 m) from State Route 94. the North Carolina Highway 94 causeway 24 iii. We allow portable blinds, but you must hours per day, year-round. remove them (see § 27.93 of this chapter) 3. We allow fishing boats and motors daily. March 1 through November 1. We prohibit 12. Each youth hunter (age 16 and under) airboats, sailboats, Jet Skis, and must remain within sight and normal voice windboards. contact of an adult age 21 or older. Youth 4. We prohibit bank fishing along the En- hunters must have completed a State-cer- trance Road from State Route 94 to the En- tified hunter safety course and possess and trance Road metal bridge. carry the form or certificate. B. Upland Game Hunting. [Reserved] 5. We prohibit herring dipping. C. Big Game Hunting. We allow the hunting 6. We allow crabbing subject to the fol- of white-tailed deer on designated areas of lowing conditions: the refuge in accordance with State regula- i. We only allow five handlines and hand- tions subject to the following conditions: activated traps per person. Owners must be 1. The hunter must possess and carry a in attendance. signed, refuge-issued permit while hunting. ii. We prohibit crab pots. 2. We close to hunting areas along the En- iii. You may only possess 12 crabs per per- trance Road, MI–4 impoundment, signed son per day. areas along State Route 94, areas around the refuge headquarters, and refuge residence PEA ISLAND NATIONAL WILDLIFE REFUGE area. A. Migratory Game Bird Hunting. [Reserved] 3. Hunters may take one antlered deer and B. Upland Game Hunting. [Reserved] one antlerless deer per day, or two antlerless deer per day. C. Big Game Hunting. [Reserved] 4. Hunters may take deer with shotgun, D. Sport Fishing. We allow fishing and crab- bow and arrow, or muzzleloading rifle/shot- bing in accordance with State regulations gun. subject to the following conditions: 5. We allow hunters on the refuge from 1 1. We require a nighttime fishing permit hour before legal shooting time until 1 hour for surf fishing between 1⁄2 hour after legal after legal shooting time. sunset and 1⁄2 hour before legal sunrise. 6. Hunters can use boats to access hunt 2. We prohibit fishing and crabbing North areas, but we prohibit hunting from a boat. Pond, South Pond, and New Field Pond Im- 7. You must check all deer taken at the poundments. check station near refuge headquarters. 8. We prohibit erecting portable blinds and PEE DEE NATIONAL WILDLIFE REFUGE tree stands prior to the hunt, and you must A. Migratory Game Bird Hunting. We allow remove them (see § 27.93 of this chapter) from hunting of mourning dove on designated the refuge each day. dates and areas of the refuge in accordance 9. Hunters must wear a minimum of 500 with State regulations subject to the fol- square inches (3,250 cm 2) of hunter-orange lowing conditions: material above the waist that is visible from all directions. 1. We require all hunters to possess and 10. An adult may only supervise one youth carry a signed Refuge General Hunt Permit hunter. The youth hunter must be within and government-issued picture ID while in sight and normal voice contact of the adult. the field. D. Sport Fishing. We allow fishing for game 2. Legal shooting hours are 12 p.m. (noon) and nongame fish and the catching of blue until legal sunset. crabs on designated areas of the refuge in ac- 3. Validly licensed adults, age 21 or older, cordance with State regulations subject to holding applicable permits must accompany the following conditions: and supervise, remaining in sight and voice 1. We are open to sport fishing, bow fish- contact at all times, any youth hunters ing, and crabbing from March 1 through No- (under age 16). Each adult may supervise no vember 1 from 1⁄2 hour before legal sunrise to more than two youth hunters. Youth hunters 1⁄2 hour after legal sunset, except we allow must possess and carry evidence of success- bank fishing and crabbing year-round from: ful completion of a State-approved hunter i. State Route 94; education course. ii. The north bridge and south of the north 4. We prohibit possession of a loaded fire- bridge at Lake Landing; arm within 100 feet (30 m) of any vehicle or iii. The Outfall Canal water control struc- road open to vehicle traffic. We define a ture; loaded firearm as a firearm with ammuni- iv. The Central Canal bridge on Wildlife tion in the magazine or chamber, or a per- Drive; and cussion cap in place on a muzzleloader.

340

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.52

5. We prohibit the discharge of a weapon uge Quota Deer Hunt Permit for the hunt in (see § 27.42 of this chapter) on or across a which he or she will be participating. Quota road open to vehicle traffic. Deer Hunt Permits are nontransferable. 6. We prohibit entering or crossing a ‘‘No 3. During deer hunts we prohibit hunters Hunting Zone’’ or ‘‘Closed Area’’. We pro- from entering the refuge earlier than 4 a.m., hibit the discharge of a weapon (see § 27.42 of and they must leave the refuge no later than this chapter) within, into, or across a ‘‘No 2 hours after legal sunset. Hunting Zone’’ or ‘‘Closed Area’’. We require 4. We prohibit adults from possessing or consent from refuge personnel to enter a ‘‘No discharging a firearm during the youth deer Hunting Zone’’ or ‘‘Closed Area’’ for the pur- hunt. pose of tracking and/or retrieving legally 5. During refuge firearms deer hunts, all taken game animals. participants must wear at least 500 square 7. We prohibit the discharge of a weapon inches (3,250 cm2) of unbroken, fluorescent- (see § 27.42(a) of this chapter) for a purpose orange material above the waist as an outer other than to take or attempt to take legal garment while hunting and while en route to game animals during established hunting and from hunting areas. seasons. 8. We prohibit waterfowl hunting. By vir- 6. During State firearms deer seasons, all tue of and pursuant to the Migratory Bird archery hunters must wear at a minimum a Treaty Act of July 3, 1918, we close the fol- fluorescent-orange hat while hunting and lowing area to the pursuing, hunting, taking, while en route to and from hunting areas. capturing, or killing of migratory birds or 7. We prohibit man driving for deer. We de- attempting to take, capture, or kill migra- fine a ‘‘man drive’’ as an organized hunting tory birds: All the area consisting of the bed technique involving two or more individuals of the Pee Dee River, bank to bank, sub- where hunters attempt to drive game ani- merged or exposed including the water there- mals from cover or habitat for the purpose of of, from the confluence of Pressley Creek shooting, killing, or moving such animals to- and the Pee Dee River to approximately 5 ward other hunters. miles (8 km) downstream to the confluence 8. We prohibit placing a tree stand on the of Brown Creek and the Pee Dee River. In- refuge more than 3 days prior to the opening cluded also are the waters surrounding Buz- day of the deer hunt in which you will be zard Island and that part of the Pee Dee participating. You must remove the tree River on the northeast side of Leak Island stands (see § 27.93 of this chapter) by the last beginning approximately 1/4 mile (.4 km) day of that hunt. downstream from the head of Leak Island (at 9. You must wear a safety belt or harness the head of a small unnamed island), and at all times when using any tree stand or continuing downstream to the main channel climbing equipment. of the Pee Dee River and containing, in all, 10. You must check all deer killed on ref- a total of 220 acres (88 ha). uge quota deer hunts at the refuge check sta- B. Upland Game Hunting. We allow hunting tion on the date of kill prior to removing the of quail, rabbit, squirrel, raccoon, and opos- animal from the refuge. sum on designated dates and areas of the ref- 11. We prohibit the use of dogs for deer uge in accordance with State regulations hunting. subject to the following conditions: 12. We prohibit the use of plastic flagging. 1. Conditions A1 and A3 through A7 apply. 13. We prohibit the use of all-terrain vehi- 2. We prohibit raccoon hunters from enter- cles (ATVs) or off-highway vehicles (OHVs) ing or remaining on the refuge from 1 hour (see § 27.31(f) of this chapter). before legal sunrise until 1 hour after legal 14. During refuge firearms deer hunts, we sunset on established hunt dates. prohibit all other public use on the refuge. 3. We prohibit raccoon hunters from hunt- D. Sport Fishing. We allow fishing on des- ing on the night prior to the opening of a ignated dates and areas of the refuge in ac- firearms deer hunt and on the nights during cordance with State regulations subject to the deer hunt except the last night. the following conditions: 4. We require dogs on raccoon/opossum hunts. All dogs must wear a collar displaying 1. We prohibit boats utilizing gasoline-pow- the owner’s name, address, and phone num- ered motors. ber. 2. You must unload and load boats by hand C. Big Game Hunting. We allow hunting of on all waters except those having designated white-tailed deer on designated dates and launch ramps. areas of the refuge in accordance with State 3. We prohibit possession or use of regulations subject to the following condi- trotlines, set hooks, gigs, jug lines, tions: limblines, snagging devices, nets, seines, fish 1. Conditions A1 and A3 through A7 apply traps, or other special devices. (for A3, adults may supervise no more than 4. We prohibit taking or attempting to one youth hunter). take frog and turtle (see § 27.21 of this chap- 2. We require each person participating in ter). a quota deer hunt to possess and carry a ref- 5. We prohibit swimming.

341

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.52 50 CFR Ch. I (10–1–06 Edition)

POCOSIN LAKES NATIONAL WILDLIFE REFUGE 12. While hunting, we require youth hunters age 16 or younger to possess and carry We allow A. Migratory Game Bird Hunting. proof that they successfully passed a State- hunting of duck, goose, swan, dove, approved hunter education course. Youth woodcock, rail, and snipe in accordance with hunters may only hunt under the direct su- State regulations subject to the following pervision of a licensed hunter over age 21. conditions: One licensed hunter over age 21 may super- 1. We prohibit hunting on the Davenport vise up to two migratory game bird youth and Deaver tracts (which include the area hunters at a time. surrounding the Headquarters/Visitor Center B. Upland Game Hunting. We allow the and the Scuppernong River Interpretative hunting of quail, squirrel, raccoon, opossum, Boardwalk), the Pungo Shop area, New Lake, rabbit, beaver, nutria, and fox in accordance refuge lands between Lake Phelps and Shore with State regulations subject to the fol- Drive, and that portion of the Pinner Tract lowing conditions: east of SR 1105. 1. Conditions A1 through A7 apply. 2. We allow you to retrieve game from 2. We prohibit upland game hunting on the closed areas listed above with consent from a Pungo Unit. refuge employee, but we prohibit possession 3. We only allow the taking of beaver and of any type of weapon (see § 27.42 of this nutria with firearms (see § 27.42 of this chap- chapter) in a closed area. ter) and only during those times when we 3. We require all hunters to possess and open the area hunted to hunting of other carry a signed, self-service refuge general game animals with firearms. hunting permit while hunting on the refuge. 4. We prohibit the hunting of raccoon and 4. We open the refuge for daylight-use only, opossum during, 5 days before, and 5 days except that we allow hunters to enter and re- after the State bear seasons. Outside of these 1 main in open hunting areas from 1 ⁄2 hours periods, we allow the hunting of raccoon and 1 before legal shooting time until 1 ⁄2 half opossum at night but only while possessing a hours after legal shooting time. special Refuge Nighttime Raccoon and Opos- 5. We only allow the use of all terrain vehi- sum Hunting Permit. cles (ATVs) on designated ATV trails (see 5. We only allow the use of shotguns and .22 § 27.31 of this chapter) and only to transport caliber rim-fire rifles for hunting. We also hunters and their equipment to hunt and allow disabled hunters to use crossbows scout. We only allow ATV use on the ATV while possessing the required State permit. trails at the following times: 6. You may only possess approved nontoxic i. When we open the ATV trail and sur- shot (see § 32.2(k)) while hunting upland rounding area to hunting; game west of Evans Road. ii. One week prior to the ATV trail and 7. We allow the use of dogs for pointing and surrounding area opening to hunting; and retrieving upland game and for chasing rab- iii. On Sundays, when we open the ATV bit (but not fox). The dogs must be under trail and surrounding area for hunting the your immediate control at all times (see following Monday. § 26.21(b) of this chapter), and we prohibit 6. You must unload and case or dismantle possession of buckshot or slugs while hunt- all weapons (see § 27.42(b) of this chapter) ing with dogs. transported via a motorized vehicle or boat 8. You must wear 500 square inches (3,250 under power. cm 2) of fluorescent-orange material above 7. We only allow the use of biodegradable- the waist that is visible from all sides when type flagging. We prohibit affixing plastic hunting upland game. flagging, dots, glow tacks, reflectors, or 9. While hunting, we require that youth other materials to refuge vegetation (see hunters under age 16 must possess and carry § 27.51 of this chapter). proof that they successfully passed a State- 8. We prohibit migratory game bird hunt- approved hunter education course. Youth ing on the Pungo Unit. hunters may only hunt under the direct su- 9. You may only possess approved nontoxic pervision of a licensed hunter age 21 or older. shot (see § 32.2(k)) while migratory game bird A licensed hunter age 21 or older may di- hunting west of Evans Road. rectly supervise up to two upland game 10. We only allow the use of portable blinds youth hunters at a time. and temporary blinds constructed of natural C. Big Game Hunting. We allow the hunting materials, but we prohibit the cutting any of deer, turkey, and boar in accordance with live vegetation on the refuge (see § 27.51 of State regulations subject to the following this chapter). You must remove portable conditions: blinds (see § 27.93 of this chapter) at the end 1. Conditions A1 through A7 apply. of each day. 2. You may only hunt spring turkey if you 11. We allow the use of dogs to point and possess and carry a valid refuge turkey hunt- retrieve migratory game birds, but they ing permit. The permits are valid only for must be under your immediate control at all the dates and areas shown on the permit. We times (see § 26.21(b) of this chapter). require an application and a fee for these

342

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.52

permits and hold a drawing, when necessary, supervise one big game youth hunter at a to select the permittees. time. 3. We only allow the use of shotguns, D. Sport Fishing. We allow fishing in ac- muzzleloaders, and bow and arrow for deer cordance with State regulations subject to and wild boar hunting. We allow disabled the following conditions. hunters to use crossbows but only while pos- 1. We only allow fishing in Pungo Lake and sessing the required State permit. New Lake from March 1 through October 31, 4. You may only possess approved nontoxic except that we close Pungo Lake and the en- shot (see § 32.2(k)) while hunting turkeys tire Pungo Unit to fishing during the special west of Evans Road and on the Pungo unit. 2-day Pungo Deer Gun Hunts in late Sep- You may use slugs, buckshot, and muzzle- tember and October. loader ammunition containing lead for deer 2. We only allow fishing from the bank in hunting in these areas. We prohibit boar the Pungo Unit; we prohibit use of boats in hunting on the Pungo Unit (they are only this area. We prohibit leaving a boat any- known to occur in the Frying Pan area of the where on the refuge overnight. refuge). 5. We only allow deer hunting with shot- 3. We only allow fishing from legal sunrise guns and muzzleloaders on the Pungo Unit to legal sunset. while possessing a special Pungo Deer Gun- ROANOKE RIVER NATIONAL WILDLIFE REFUGE Hunt Permit issued by the refuge. These permits are valid only for the designated 2-day A. Migratory Game Bird Hunting. We allow period shown on the permit. We set the dates hunting of ducks and coots on designated of these special 2-day hunts following the areas of the refuge subject to the following publication of the State deer seasons. We re- condition: We require a State-issued refuge quire an application and a fee for these per- permit. mits and hold a drawing, when necessary, to B. Upland Game Hunting. We allow hunting select the permittees. of squirrel, raccoon, and opossum on des- 6. During the special Pungo Deer Gun- ignated areas of the refuge subject to the fol- Hunts, we only allow permitted hunters on lowing conditions: the Pungo Unit. We only allow permitted 1. We require a State-issued refuge permit. hunters on the Pungo Unit from 1 hour be- 2. You may possess only approved nontoxic fore legal shooting time until 1 hour after shot while in the field. legal shooting time. You must take any deer harvested during a Pungo Deer Gun-Hunt to C. Big Game Hunting. We allow hunting of the deer check station located at the Pungo white-tailed deer and turkey on designated Shop for harvest reporting and data collec- areas of the refuge subject to the following tion. condition: We require a State-issued refuge 7. We allow deer hunting with bow and permit. arrow on the Pungo Unit during all State D. Sport Fishing. [Reserved] deer seasons prior to December 1; however, we prohibit hunting on the Pungo Unit on SWANQUARTER NATIONAL WILDLIFE REFUGE the designated Pungo Deer Gun-Hunts re- A. Migratory Game Bird Hunting. We allow ferred to above without a valid Pungo Deer the hunting of tundra swan, snow goose, Gun-Hunt Permit. brant, duck, and coot on designated areas of 8. You must wear 500 square inches (3,250 the refuge in accordance with State regula- cm 2) of fluorescent-orange material above tions subject to the following conditions: the waist that is visible from all sides while 1. We allow hunting on refuge marshlands hunting deer and wild boar in any area open that include Great Island, Marsh Island, and to hunting these species with firearms. all of the refuge marshlands adjacent to Ju- 9. We only allow the use of portable tree niper Bay eastward to West Bluff Bay. stands and require that you remove them 2. We prohibit hunting within the 27,000 (see § 27.93 of this chapter) at the end of each acre (10,800 ha) Presidential Proclamation day, except that hunters with a valid Pungo Area as posted. Deer Gun-Hunt Permit may install a stand 3. We allow portable blinds. You must re- on the Pungo Unit the day before the start of move blinds (see § 27.93 of this chapter) each their hunt and leave it until the end of the day. 2nd day of their 2-day hunt. You must tag stands left overnight on the refuge with the 4. We prohibit hunters/hunt parties from hunter’s name, address, and telephone num- hunting closer than 150 yards (135 m) apart. ber. 5. You may use decoys, but you must re- 10. While hunting, we require youth hunt- move them (see § 27.93 of this chapter) daily ers (under age 16) to possess and carry proof upon completion of your hunt. that they successfully passed a State-ap- 6. We allow hunting during the State wa- proved hunter education course. Youth hunt- terfowl season occurring in November, De- ers may only hunt under the direct super- cember, and January. vision of a licensed hunter age 21 and older. B. Upland Game Hunting. [Reserved] A licensed hunter age 21 and older may only C. Big Game Hunting. [Reserved]

343

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.53 50 CFR Ch. I (10–1–06 Edition)

D. Sport Fishing. [Reserved] blinds at the end of each day (see §§ 27.93 and 27.94 of this chapter). [58 FR 5064, Jan. 19, 1993, as amended at 58 6. Condition B4 applies. FR 29076, May 18, 1993; 58 FR 29085, May 18, D. Sport Fishing. We allow fishing in ac- 1993; 59 FR 6695, Feb. 11, 1994; 59 FR 55187, cordance with State regulations subject to Nov. 3, 1994; 60 FR 62045, Dec. 4, 1995; 61 FR the following conditions: 46397, Sept. 3, 1996; 63 FR 46919, Sept. 3, 1998; 1. We only allow boats, up to a maximum 65 FR 30787, May 12, 2000; 65 FR 56406, Sept. of 25 hp, on Arrowwood Lake and Jim Lake 18, 2000; 66 FR 46360, Sept. 4, 2001; 67 FR 58948, from May 1 to September 30 of each fishing Sept. 18, 2002; 69 FR 54362, 54436, Sept. 8, 2004; year. 70 FR 54185, Sept. 13, 2005; 70 FR 56377, Sept. 2. We allow bank fishing along major road 27, 2005] rights-of-way during the entire State fishing season. § 32.53 North Dakota. 3. We allow bank fishing on interior por- The following refuge units have been tions of the refuge from May 1 through Sep- opened for hunting and/or fishing, and tember 30 of each fishing year. We only allow are listed in alphabetical order with walk-in access, except for designated areas. 4. We allow fishing in the bypass channel applicable refuge-specific regulations. during the regular State fishing season. We ARROWWOOD NATIONAL WILDLIFE REFUGE allow walk-in access along maintenance trails from June 1 through September 30 of A. Migratory Game Bird Hunting. [Reserved] each fishing year. B. Upland Game Hunting. We allow hunting 5. We allow bow fishing for rough fish of pheasant, sharp-tailed grouse, partridge, along road rights-of-way in accordance with cottontail rabbit, and fox on designated State regulations from May 1 through Sep- areas of the refuge in accordance with State tember 30 of each fishing year. We prohibit regulations subject to the following condi- the use of crossbows. tions: 6. We allow ice fishing on Arrowwood Lake, 1. We allow hunting on the day following Jim Lake, and the south 1⁄3 of Mud Lake. We the close of the State firearm deer season allow fish houses and vehicles (automobiles through the end of the regular upland bird and trucks only) on the ice as conditions per- season. mit. You must remove fish houses by March 2. We allow hunting of cottontail rabbit 15. You may use portable fish houses after and fox on the day following the close of the March 15, but you must remove them from State firearm deer season through March 31. the refuge each day (see § 27.93 of this chap- 3. We allow access by foot travel only. ter). 4. We prohibit open fires (see § 27.95(a) of 7. We prohibit snowmobiles and ATVs on this chapter) and camping on the refuge. the refuge (see § 27.31(f) of this chapter). C. Big Game Hunting. We allow deer hunt- 8. We prohibit water activities not related ing on designated areas of the refuge in ac- to fishing (sailing, skiing, tubing, etc.) cordance with State regulations subject to 9. We prohibit open fires (see § 27.95(a) of the following conditions: this chapter) and camping on the refuge. 1. We prohibit entering the refuge before legal shooting hours on the opening day of ARROWWOOD WETLAND MANAGEMENT DISTRICT firearms deer season. Thereafter, you may A. Migratory Game Bird Hunting. We allow enter, but not shoot, prior to legal hours. We migratory game bird hunting on Waterfowl require all hunters to be off the refuge 11⁄2 Production Areas throughout the District in hours after legal sunset. accordance with State regulations subject to 2. We allow deer hunting on the refuge dur- the following condition: You must remove ing the State Youth Deer Season except in boats, decoys, portable blinds, other personal designated closed areas around refuge head- property, and any materials brought onto quarters, the wildlife observation area, and the area for blind construction each day (see the auto tour route. Consult the refuge hunt- §§ 27.93 and 27.94 of this chapter). We prohibit ing map for open and closed hunting areas bringing any type of live or dead vegetation during the State Youth Deer Season. onto the refuge for any purpose at any time. 3. Firearm deer hunters may not enter the B. Upland Game Hunting. We allow upland refuge after harvesting a deer unless un- game hunting on Waterfowl Production armed (see § 27.42(b) of this chapter) and Areas throughout the District in accordance wearing blaze orange. with State regulations subject to the fol- 4. We allow access by foot travel only. You lowing condition: We prohibit the use of may use a vehicle on designated refuge roads horses for any purpose. and trails to retrieve deer during the fol- C. Big Game Hunting. We allow big game lowing times only: 9:30 to 10 a.m.; 1:30 to 2 hunting on Waterfowl Production Areas p.m.; and 1⁄2 hour after legal sunset for 1 throughout the District in accordance with hour. State regulations subject to the following 5. We allow only temporary tree stands and condition: We prohibit the use of horses for blinds. You must remove all tree stands and any purpose.

344

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.53

D. Sport Fishing. We allow sport fishing on AUDUBON WETLAND MANAGEMENT DISTRICT Waterfowl Production Areas throughout the A. Migratory Game Bird Hunting. We allow District in accordance with State regula- migratory game bird hunting on Waterfowl tions subject to the following condition: You Production Areas and Wildlife Development must remove boats, motor vehicles, fishing Areas throughout the District in accordance equipment, and other personal property (ex- with State regulations subject to the fol- cluding ice houses) by legal sunset (see lowing condition: You must remove boats, §§ 27.93 and 27.94 of this chapter). decoys, portable blinds, other personal property, and any materials brought onto the AUDUBON NATIONAL WILDLIFE REFUGE area for blind construction by the end of A. Migratory Game Bird Hunting. [Reserved] each day (see §§ 27.93 and 27.94 of this chap- B. Upland Game Hunting. We allow hunting ter). We prohibit bringing any type of live or of ring-necked pheasant, gray partridge, and dead vegetation onto the refuge for any pur- sharp-tailed grouse on designated areas of pose at any time. the refuge in accordance with State regula- B. Upland Game Hunting. We allow upland tions subject to the following conditions: game hunting on Waterfowl Production 1. We annually open to upland bird hunting Areas and Wildlife Development Areas on the day following the close of the regular throughout the District in accordance with deer gun season. The hunting seasons con- State regulations subject to the following tinue until the State season closes. The ref- condition: We prohibit the use of horses for uge has designated open and closed areas for any purpose. hunting. C. Big Game Hunting. We allow big game 2. We prohibit driving vehicles on refuge hunting on Waterfowl Production Areas and Wildlife Development Areas throughout the roads while hunting or to access hunting District in accordance with State regula- areas. Hunters must park at the refuge tions subject to the following condition: We boundary and walk in. prohibit the use of horses for any purpose. 3. Hunters may retrieve game up to 100 D. Sport Fishing. We allow sport fishing on yards (90 m) inside the refuge boundary fence Waterfowl Production Areas and Wildlife De- and closed areas of the refuge. Retrieval velopment Areas throughout the District in time must not exceed 10 minutes, and hunt- accordance with State regulations subject to ers may use dogs. We prohibit firearms while the following condition: You must remove retrieving game. boats, motor vehicles, fishing equipment, 4. We prohibit hunting on all refuge is- and other personal property (excluding ice lands. houses) by the end of each day (see §§ 27.93 C. Big Game Hunting. We allow hunting of and 27.94 of this chapter). white-tailed and mule deer on designated areas of the refuge in accordance with State CHASE LAKE NATIONAL WILDLIFE REFUGE regulations subject to the following condi- A. Migratory Game Bird Hunting. [Reserved] tions: B. Upland Game Hunting. [Reserved] 1. The refuge gun, muzzleloader, and bow C. Big Game Hunting. We allow deer hunt- deer hunting seasons open and close according on the refuge in accordance with State ing to State regulations. The refuge has des- regulations subject to the following condi- ignated opened and closed areas for deer tions: hunting. 1. We prohibit deer hunting until the start 2. We close the refuge to the State special of the State deer gun season. youth deer hunting season. 2. We prohibit the use of horses for any 3. We prohibit driving vehicles on refuge purpose. roads while hunting or to access hunting 3. Hunters may only enter the refuge on areas. All hunters must park at the refuge foot. boundary and walk in. Hunters may use des- D. Sport Fishing. [Reserved] ignated refuge roads to retrieve downed deer. 4. Hunters must only use portable tree CHASE LAKE WETLAND MANAGEMENT DISTRICT stands that they install and remove (see A. Migratory Game Bird Hunting. We allow § 27.93 of this chapter) each day. We prohibit migratory game bird hunting on Waterfowl permanent tree stands. Production Areas and Wildlife Development 5. We prohibit hunting on all refuge is- Areas throughout the District in accordance lands. with State regulations subject to the fol- D. Sport Fishing. We allow ice fishing on lowing condition: You must remove boats, the refuge in accordance with State regula- decoys, portable blinds, other personal prop- tions subject to the following conditions: erty, and any materials brought onto the 1. The refuge ice fishing season opens when area for blind construction by the end of ice is present and closes on March 31. each day (see §§ 27.93 and 27.94 of this chap- 2. We restrict vehicle use to refuge roads ter). We prohibit bringing any type of live or and designated ice access points (see § 27.31 of dead vegetation onto the refuge for any pur- this chapter). pose at any time.

345

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.53 50 CFR Ch. I (10–1–06 Edition)

B. Upland Game Hunting. We allow upland 1. You may possess only approved nontoxic game hunting on Waterfowl Production shot while in the field. Areas and Wildlife Development Areas 2. You may use falconry for upland game throughout the District in accordance with hunting. State regulations subject to the following 3. Upland game bird and rabbit season condition: We prohibit the use of horses for opens annually on the day following the any purpose. close of the regular firearm deer season C. Big Game Hunting. We allow big game through the end of the State season. hunting on Waterfowl Production Areas and 4. The upland game bird and rabbit fal- Wildlife Development Areas throughout the conry season opens annually on the day fol- District in accordance with State regula- lowing the close of the regular firearm deer tions subject to the following condition: We season through March 31. prohibit the use of horses for any purpose. 5. Fox hunting opens annually on the day D. Sport Fishing. We allow sport fishing on following the close of the regular firearm Waterfowl Production Areas and Wildlife De- deer season through March 31. velopment Areas throughout the District in 6. Turkey hunting is subject to all State accordance with State regulations subject to regulations, license requirements, units, and the following condition: You must remove dates. boats, motor vehicles, fishing equipment, C. Big Game Hunting. Hunters may hunt and other personal property (excluding ice deer on designated areas of the refuge sub- houses) by the end of each day (see §§ 27.93 ject to the following condition: and 27.94 of this chapter). 1. Archers may hunt throughout the entire State archery season. CROSBY WETLAND MANAGEMENT DISTRICT 2. Deer hunting with rifle and muzzleloader A. Migratory Game Bird Hunting. We allow is subject to all State regulations and license migratory game bird hunting on Waterfowl units. Production Areas throughout the District in D. Sport Fishing. [Reserved] accordance with State regulations subject to the following condition: You must remove DEVILS LAKE WETLAND MANAGEMENT boats, decoys, portable blinds, other personal DISTRICT property, and any materials brought onto A. Migratory Game Bird Hunting. We allow the area for blind construction by the end of migratory game bird hunting on Waterfowl each day (see §§ 27.93 and 27.94 of this chap- Production Areas and Wildlife Development ter). We prohibit bringing any type of live or Areas throughout the District in accordance dead vegetation onto the refuge for any pur- with State regulations subject to the fol- pose at any time. lowing conditions: B. Upland Game Hunting. We allow upland 1. We prohibit hunting on Lambs Lake Wa- game hunting on Waterfowl Production terfowl Production Area in Nelson County; Areas throughout the District in accordance Pleasant Lake Waterfowl Production Area in with State regulations subject to the fol- Benson County; and Hart, Nelson, Little lowing condition: We prohibit the use of Goose, and Vold Waterfowl Production Areas horses for any purpose. in Grand Forks County. C. Big Game Hunting. We allow big game 2. We prohibit hunting on portions of hunting on Waterfowl Production Areas Kellys Slough Waterfowl Production Area in throughout the District in accordance with Grand Forks County, as posted. State regulations subject to the following 3. You must remove boats, motor vehicles, condition: We prohibit the use of horses for fishing equipment, and other personal prop- any purpose. erty (excluding ice houses) by the end of D. Sport Fishing. We allow sport fishing on each day (see §§ 27.93 and 27.94 of this chap- Waterfowl Production Areas throughout the ter). District in accordance with State regula- B. Upland Game Hunting. We allow upland tions subject to the following condition: You game hunting on Waterfowl Production must remove boats, motor vehicles, fishing Areas and Wildlife Development Areas equipment, and other personal property (ex- throughout the District in accordance with cluding ice houses) by the end of each day State regulations subject to the following (see §§ 27.93 and 27.94 of this chapter). conditions: 1. Conditions A1 and A2 apply. DES LACS NATIONAL WILDLIFE REFUGE 2. We prohibit the use of horses for any A. Migratory Game Bird Hunting. [Reserved] purpose. B. Upland Game Hunting. Hunters may hunt C. Big Game Hunting. We allow big game ringnecked pheasants, sharp-tailed grouse, hunting on Waterfowl Production Areas and gray partridge, turkey, cottontail rabbit, Wildlife Development Areas throughout the jackrabbits, snowshoe hares and fox on des- District in accordance with State regula- ignated areas of the refuge subject to the fol- tions subject to the following conditions: lowing conditions: Conditions A1, A2, and B2 apply.

346

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.53

D. Sport Fishing. We allow sport fishing on Public Hunting Areas during the regular Waterfowl Production Areas and Wildlife De- firearms season. velopment Areas throughout the District in 5. Hunters must remove blinds and stands accordance with State regulations subject to (see § 27.93 of this chapter) daily. the following conditions: D. Sport Fishing. We allow fishing on 14 des- 1. We prohibit fishing on Hart, Nelson, ignated areas (listed below) of the refuge in Vold, and Kellys Slough Waterfowl Produc- accordance with State regulations subject to tion Areas in Grand Forks County. the following conditions: 2. You must remove boats, motor vehicles, 1. We open the refuge daily from 5 a.m. to fishing equipment, and other personal prop- 10 p.m. erty (excluding ice houses) by the end of 2. We open all refuge waters to ice fishing each day (see §§ 27.93 and 27.94 of this chap- between December 15 and the end of the ter). State fishing season. 3. We only allow boat fishing in designated J. CLARK SALYER NATIONAL WILDLIFE REFUGE areas. A. Hunting Migratory Game Birds. We allow 4. We close to boat fishing the last Friday hunting of goose, duck, and coot on nine des- of September. ignated Public Hunting Areas of the refuge 5. We only allow nonmotorized boats or in accordance with State regulations subject boats with electric motors. to the following conditions: 6. We allow fishing at the following loca- 1. We open the refuge daily from 5 a.m. to tions: 10 p.m. i. Nelson Bridge, from both banks down- 2. We allow waterfowl retrieval without a stream (northwest) 1⁄4 mile (.4 km) and up- firearm within 100 yards (90 m) of the inte- stream (south) to the refuge boundary; rior boundary of Public Hunting Areas and ii. Souris River—Scenic Canoe Route, from within 100 yards (90 m) of the exterior refuge both banks and boats, 100 feet upstream (30 boundary. m) (east) from Johnson Bridge and down- B. Upland Game Hunting. We allow hunting stream (northwest) 13 miles (20.8 km) to the of grouse, partridge, turkey, pheasant, and end of the Canoe Route at Dam 1, including fox on designated areas of the refuge in ac- Sandhills Slough; cordance with State regulations subject to iii. Dam 1, on the north bank downstream the following conditions: (west) 100 yards (90 m). We prohibit entry to 1. We open the refuge daily from 5 a.m. to or fishing from the dam; 10 p.m. iv. Dam 2, from both banks 50 feet (15 m) 2. We allow hunting for sharp-tailed downstream from the water control struc- grouse, partridge, and pheasant on nine des- ture; ignated Public Hunting Areas. 3. We allow hunting for sharp-tailed v. Dam 320, from the bank starting 300 feet 1 grouse, partridge, ruffed grouse, and turkey (90 m) east of the dam for ⁄4 mile (.4 km) up- south of the Upham-Willow City Road. stream (east); 4. We open to hunting annually for sharp- vi. Old Freeman Bridge, from both banks 1 tailed grouse, partridge, and pheasant on the or boat, downstream (west) 1 ⁄2 mile (2.4 km) remainder of the refuge, except the closed from Dam 320; area around the refuge headquarters, on the vii. Cutbank Culvert on Highway 14, from day following the close of the firearm deer the highway right-of-way 50 feet (15 m) ei- season and close as per the State seasons. ther side of the culvert; 5. Fox hunting opens annually on the day viii. Highway 14 Bridge, from both banks 1⁄4 following the close of the firearm deer sea- mile (.4 km) downstream (north) and 1⁄4 mile son and closes March 31. We allow hunting (.4 km) upstream (south) from the bridge; from 1⁄2 hour before legal sunrise until 1⁄2 ix. Russell-Kramer Road, from both banks hour after legal sunset. or boat, upstream (south) 200 feet (60 km) C. Big Game Hunting. We allow hunting of from the bridge and downstream (north) white-tailed deer on designated areas of the from the bridge to the Soo Line railroad refuge in accordance with State regulations bridge; subject to the following conditions: x. Newburg Road, from the road right-of- 1. We open the refuge daily from 5 a.m. to way 100 feet (30 km) on either side of the 10 p.m. bridge; 2. We open the entire refuge, except the xi. Scheflo Bridge, from the road right-of closed area around the refuge headquarters, way on either side of the bridge and up- for hunting during the State’s youth, muz- stream (south) on the east bank to the down- zleloader, and archery seasons. stream (north) side of the water control 3. We open nine Public Hunting Areas on structure; the refuge for deer hunting during the reg- xii. Highway 5, from the highway right-of ular firearms season without a refuge per- way 100 feet (30 km) on either side of the mit. bridge; 4. You must possess and carry a refuge per- xiii. Westhope-Landa Road, from the road mit to hunt on the refuge outside the nine right-of-way 150 feet (45 km) on either side of

347

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.53 50 CFR Ch. I (10–1–06 Edition)

the bridge, or from a boat downstream tions subject to the following condition: We (north) 2 miles (3.2 km) from the road; and prohibit the use of horses for any purpose. xiv. Below Dam 357, from both banks or D. Sport Fishing. We allow sport fishing on boat on all waters downstream (north) of the Waterfowl Production Areas and Wildlife De- dam to the Canadian border. velopment Areas throughout the District in accordance with State regulations subject to J. CLARK SALYER WETLAND MANAGEMENT the following condition: You must remove DISTRICT boats, motor vehicles, fishing equipment, A. Migratory Game Bird Hunting. We allow and other personal property (excluding ice migratory game bird hunting on Waterfowl houses) by the end of each day (see §§ 27.93 Production Areas throughout the District in and 27.94 of this chapter). accordance with State regulations subject to the following condition: You must remove LAKE ALICE NATIONAL WILDLIFE REFUGE boats, decoys, portable blinds, other personal A. Migratory Game Bird Hunting. We allow property, and any materials brought onto migratory game bird hunting on designated the area for blind construction by the end of areas of the refuge in accordance with State each day (see §§ 27.93 and 27.94 of this chap- regulations subject to the following condi- ter). We prohibit bringing any type of live or tions; dead vegetation onto the refuge for any purpose at any time. 1. Refer to the refuge hunting map for des- B. Upland Game Hunting. We allow upland ignated hunting areas and information on game hunting on Waterfowl Production hunting in specific zones. Areas throughout the District in accordance 2. We prohibit the use of motorized (gas with State regulations subject to the fol- and electric) boats. lowing condition: We prohibit the use of 3. We prohibit shooting from, on, or across horses for any purpose. any refuge road. C. Big Game Hunting. We allow big game 4. You must remove all boats, decoys, port- hunting on Waterfowl Production Areas able blinds, other personal property, and any throughout the District in accordance with materials brought onto the refuge for blind State regulations subject to the following construction by the end of each day (see condition: We prohibit the use of horses for §§ 27.93 and 27.94 of this chapter). any purpose. 5. We prohibit pit blinds. D. Sport Fishing. We allow sport fishing on 6. We prohibit retrieval of waterfowl in the Waterfowl Production Areas throughout the Archery Only or Deer and Late Season District in accordance with State regula- Pheasant areas; refer to refuge hunting map tions subject to the following condition: You for information on hunting in specific zones. must remove boats, motor vehicles, fishing B. Upland Game Hunting. We allow hunting equipment, and other personal property (ex- of ring-necked pheasants, sharp-tailed cluding ice houses) by the end of each day grouse, gray partridge, cottontail rabbit, (see §§ 27.93 and 27.94 of this chapter). jackrabbit, snowshoe hare, and fox on des- KULM WETLAND MANAGEMENT DISTRICT ignated areas of the refuge in accordance with State regulations subject to the fol- A. Migratory Game Bird Hunting. We allow lowing condition: Refer to the refuge hunt- migratory game bird hunting on Waterfowl ing map for designated hunting areas and re- Production Areas and Wildlife Development strictions. Areas throughout the District in accordance C. Big Game Hunting. We allow deer and fox with State regulations subject to the fol- hunting on designated areas of the refuge in lowing condition: You must remove boats, accordance with State regulations subject to decoys, portable blinds, other personal prop- the following conditions: erty, and any materials brought onto the 1. Condition A1 applies. area for blind construction by the end of each day (see §§ 27.93 and 27.94 of this chap- 2. We allow archery hunting on designated ter). We prohibit bringing any type of live or areas of the refuge only; refer to the refuge dead vegetation onto the refuge for any pur- hunting map for information on hunting in pose at any time. specific zones. B. Upland Game Hunting. We allow upland 3. We prohibit the use of horses for any game hunting on Waterfowl Production purpose. Areas and Wildlife Development Areas 4. We prohibit trapping, baiting, and spot- throughout the District in accordance with lighting. State regulations subject to the following 5. We prohibit permanent tree stands. We condition: We prohibit the use of horses for allow portable tree stands that hunters must any purpose. remove from the refuge by the end of each C. Big Game Hunting. We allow big game day (see § 27.93 of this chapter). We prohibit hunting on Waterfowl Production Areas and the use of screw-in tree steps or similar ob- Wildlife Development Areas throughout the jects that may damage trees (see § 32.2(i)). District in accordance with State regula- D. Sport Fishing. [Reserved]

348

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.53

LAKE ILO NATIONAL WILDLIFE REFUGE C. Big Game Hunting. We allow hunting of deer on designated areas of the refuge sub- A. Migratory Game Bird Hunting. [Reserved] ject to the following conditions: B. Upland Game Hunting. [Reserved] 1. We allow archery hunting through the C. Big Game Hunting. [Reserved] day before the opening of the State water- D. Sport Fishing. We allow fishing on des- fowl season and allow it following the deer ignated areas of the refuge in accordance gun season. with State regulations subject to the fol- 2. We allow deer gun hunting concurrent lowing conditions: with the State deer gun season. 1. We open the refuge all year for fishing 3. Hunters may enter the refuge on foot from legal sunrise to legal sunset. The refuge only. has designated open and closed areas for fish- D. Sport Fishing. [Reserved] ing. 2. We open the refuge to boating from May LONG LAKE NATIONAL WILDLIFE REFUGE 1 through September 30. A. Migratory Game Bird Hunting. [Reserved] 3. We open the refuge to ice fishing from B. Upland Game Hunting. We allow hunting October 1 through March 31. of ring-necked pheasant, sharp-tailed grouse, 4. We restrict vehicle use to refuge roads, and grey partridge on designated areas of the designated boat ramps, and ice access points refuge in accordance with State regulations (see § 27.31 of this chapter). subject to the following conditions: 5. We prohibit fishing and public use on ref- 1. You may only possess approved nontoxic uge islands and concrete dam spillways. shot while in the field (see § 32.2(k)). 2. The upland game bird season opens an- LAKE NETTIE NATIONAL WILDLIFE REFUGE nually on the day following the close of the firearm deer season and runs through the A. Migratory Game Bird Hunting. [Reserved] close of the State season. B. Upland Game Hunting. [Reserved] 3. We close to upland game hunting those C. Big Game Hunting. We allow hunting of areas marked with yellow closed to hunting white-tailed and mule deer on designated signs. areas of the refuge in accordance with State 4. We prohibit hunters and dogs from en- regulations subject to the following condi- tering closed areas to retrieve game. tions: C. Big Game Hunting. We allow hunting of 1. We open portions of the refuge to gun, deer on designated areas of the refuge in ac- muzzleloader, bow, and the special youth cordance with State regulations subject to deer hunting seasons according to State reg- the following conditions: ulations. The refuge has designated open and 1. Hunters must only enter the refuge on closed areas for deer hunting. foot. 2. We close all refuge roads to vehicle use 2. We allow archery hunting. We restrict for hunting and retrieval of deer. Hunters open archery areas to those areas of the ref- must park vehicles at the refuge boundary uge open to firearms during the firearm sea- and walk in. son. 3. Hunters may walk in to retrieve deer in 3. We close to deer hunting during the fire- areas marked with no hunting zone signs. We arm deer season those areas marked with prohibit firearms while retrieving deer from yellow closed to hunting signs. We also close these areas. this area to muzzleloader hunters during 4. Hunters must only use portable tree muzzleloader season. stands that they install and remove (see 4. We prohibit hunters entering closed § 27.93 of this chapter) each day. We prohibit areas to retrieve game. permanent tree stands. D. Sport Fishing. We allow fishing on des- D. Sport Fishing. [Reserved] ignated areas of the refuge in accordance with State regulations subject to the fol- LAKE ZAHL NATIONAL WILDLIFE REFUGE lowing conditions: 1. We restrict bank fishing to public use A. Migratory Game Bird Hunting. [Reserved] areas on Unit 1 and Long Lake Creek. B. Upland Game Hunting. We allow hunting 2. We restrict boat fishing to Long Lake of ring-necked pheasants, sharp-tailed Creek. grouse, and gray partridge on designated 3. We restrict boats to 25 hp maximum. areas of the refuge subject to the following 4. We restrict boats to the period from May conditions: 1 through September 30. 1. You may possess only approved nontoxic 5. We restrict ice fishing to Unit 1 and shot while in the field. Long Lake Creek. 2. The upland game bird season opens an- 6. We prohibit motorized vehicles on ice nually on the day following the close of the (see § 27.31 of this chapter). regular firearm deer season through the end 7. We only allow fishing from legal sunrise of the State season. to legal sunset. 3. Hunters may enter the refuge on foot 8. Anglers must park vehicles in designated only. parking areas.

349

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.53 50 CFR Ch. I (10–1–06 Edition)

LONG LAKE WETLAND MANAGEMENT DISTRICT LOSTWOOD WETLAND MANAGEMENT DISTRICT A. Migratory Game Bird Hunting. We allow A. Migratory Game Bird Hunting. We allow migratory game bird hunting on Waterfowl migratory game bird hunting on Waterfowl Production Areas and Wildlife Development Production Areas throughout the District in Areas throughout the District in accordance accordance with State regulations subject to with State regulations subject to the fol- the following condition: You must remove lowing condition: You must remove boats, boats, decoys, portable blinds, other personal decoys, portable blinds, other personal prop- property, and any materials brought onto erty, and any materials brought onto the the area for blind construction by the end of area for blind construction by the end of each day (see §§ 27.93 and 27.94 of this chap- each day (see §§ 27.93 and 27.94 of this chapter). We prohibit bringing any type of live or ter). We prohibit bringing any type of live or dead vegetation onto the refuge for any pur- dead vegetation onto the refuge for any purpose at any time. pose at any time. B. Upland Game Hunting. We allow upland B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production game hunting on Waterfowl Production Areas throughout the District in accordance Areas and Wildlife Development Areas with State regulations subject to the fol- throughout the District in accordance with lowing condition: We prohibit the use of State regulations subject to the following horses for any purpose. condition: We prohibit the use of horses for C. Big Game Hunting. We allow big game any purpose. hunting on Waterfowl Production Areas C. Big Game Hunting. We allow big game throughout the District in accordance with hunting on Waterfowl Production Areas and State regulations subject to the following Wildlife Development Areas throughout the condition: We prohibit the use of horses for District in accordance with State regula- any purpose. tions subject to the following condition: We D. Sport Fishing. We allow sport fishing on prohibit the use of horses for any purpose. Waterfowl Production Areas throughout the D. Sport Fishing. We allow sport fishing on District in accordance with State regula- Waterfowl Production Areas and Wildlife De- tions subject to the following condition: You velopment Areas throughout the District in must remove boats, motor vehicles, fishing accordance with State regulations subject to equipment, and other personal property (ex- the following condition: You must remove cluding ice houses) by the end of each day boats, motor vehicles, fishing equipment, (see §§ 27.93 and 27.94 of this chapter). and other personal property (excluding ice houses) by the end of each day (see §§ 27.93 SIBLEY LAKE NATIONAL WILDLIFE REFUGE and 27.94 of this chapter). A. Migratory Game Bird Hunting. [Reserved] LOSTWOOD NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. Hunting of white- A. Hunting f Migratory Game Birds. [Re- tailed deer is permitted on designated areas served] of the refuge subject to the following condi- B. Upland Game Hunting. Hunting of partridge and sharp-tailed grouse is permitted tion: Permits are required. on designated areas of the refuge subject to D. Sport Fishing. [Reserved] the following conditions: SLADE NATIONAL WILDLIFE REFUGE 1. Hunting is not permitted on the portion of the refuge south of Highway 50 during the A. Migratory Game Bird Hunting. [Reserved] State deer gun season. B. Upland Game Hunting. [Reserved] 2. Hunting is permitted on the portion of C. Big Game Hunting. We allow hunting of the refuge north of Highway 50 only after the deer in accordance with State regulations close of the State deer gun season. subject to the following condition: Hunters 3. You may possess only approved nontoxic must only enter the refuge on foot. shot while in the field. D. Sport Fishing. [Reserved] C. Big Game Hunting. Hunting of deer only is permitted on designated areas of the ref- STEWART LAKE NATIONAL WILDLIFE REFUGE uge subject to the following conditions: A. Migratory Game Bird Hunting. [Reserved] 1. Refuge and State permits are required B. Upland Game Hunting. [Reserved] for the first one and one half days of the . [Reserved] State gun season. C. Big Game Hunting 2. Only persons with valid permits are per- D. Sport Fishing. We allow ice or shore fish- mitted on the refuge during the first one and ing in accordance with State regulations one half days of the season. subject to the following condition: We re- 3. Archery hunting is permitted through strict vehicle use to the refuge road (see the day before the opening of the State wa- § 27.31 of this chapter). terfowl season, and it is permitted following TEWAUKON NATIONAL WILDLIFE REFUGE the deer gun season. D. Sport Fishing. [Reserved] A. Migratory Game Bird Hunting. [Reserved]

350

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.53

B. Upland Game Hunting. We allow ring- UPPER SOURIS NATIONAL WILDLIFE REFUGE necked pheasant hunting on designated areas of the refuge in accordance with State regu- A. Hunting of Migratory Birds. [Reserved] lations subject to the following conditions: B. Upland Game Hunting. We allow hunting 1. The season opens on the first Monday of sharp-tailed grouse, Hungarian partridge, following the close of the State deer gun sea- and pheasant on designated areas of the ref- son and continues through the close of the uge in accordance with State regulations State pheasant season. subject to the following conditions: 2. You may only possess approved nontoxic 1. You may use dogs to hunt. shot while in the field (see § 32.2(k)). 2. We require hunters, and nonhunters ac- C. Big Game Hunting. We allow deer bow companying hunters, to wear the State-re- hunting on designated areas of the refuge in quired, legal-orange clothing when hunting accordance with State regulations subject to game birds during the deer gun season. the following conditions: 3. We open for hunting on Unit I during the 1. The season closes September 30 and re- North Dakota State hunting seasons. Unit I opens the Friday following the close of the includes all refuge land north of the town- State gun deer season and continues through ship road that runs east of Tolley, across the end of the State archery deer season. Dam 41 (Carter Dam), and east to State Route 28. 2. We allow deer gun hunting by refuge permit holders on designated areas of the refuge 4. We open for hunting on Unit II during in accordance with State regulations. the State hunting seasons, except we close from the first day of the regular State water- 3. We allow youth deer hunting on des- fowl season through the last day of State ignated areas of the refuge in accordance deer rifle season. Unit II includes refuge land with State regulations. between Lake Darling Dam and the township D. Sport Fishing. We allow sport fishing on road that runs east of Tolley. designated waters (Tewaukon and Sprague 5. We close land south of Lake Darling Lakes only) in accordance with State regula- Dam to all upland game bird hunting. tions. 6. We prohibit hunting on the area sur- TEWAUKON WETLAND MANAGEMENT DISTRICT rounding the refuge headquarters buildings and residences. We post these areas with A. Migratory Game Bird Hunting. We allow ‘‘Closed to Hunting’’ signs. migratory game bird hunting on Waterfowl 7. We prohibit remaining on the refuge be- Production Areas and Wildlife Development tween the hours of 10 p.m. and 5 a.m. Areas throughout the District in accordance 8. We prohibit weapons (see § 27.42(b) of this with State regulations subject to the fol- chapter) in boats, canoes, float tubes, or any lowing condition: You must remove boats, other floatable object. decoys, portable blinds, other personal prop- 9. We prohibit the use of snowmobiles, all- erty, and any materials brought onto the terrain vehicles (ATVs) or similar vehicles area for blind construction by the end of on the refuge (see § 27.31(f) of this chapter). each day (see §§ 27.93 and 27.94 of this chapter). We prohibit bringing any type of live or 10. We prohibit the use of horses during all dead vegetation onto the refuge for any pur- hunting seasons. pose at any time. C. Big Game Hunting. We allow archery, gun, and muzzleloader hunting of deer on B. Upland Game Hunting. We allow upland game hunting on Waterfowl Production designated areas of the refuge in accordance Areas and Wildlife Development Areas with State regulations subject to the fol- throughout the District in accordance with lowing conditions: State regulations subject to the following 1. Conditions B7 through B10 apply. condition: We prohibit the use of horses for 2. You must possess and carry a State deer any purpose. bow permit to hunt deer on the refuge during C. Big Game Hunting. We allow big game the State deer bow season. hunting on Waterfowl Production Areas and 3. You must possess and carry a special Wildlife Development Areas throughout the State-issued refuge permit for State deer District in accordance with State regula- gun hunting in Unit IIIA2 to hunt deer on tions subject to the following condition: We the refuge during the State deer gun season. prohibit the use of horses for any purpose. 4. You must possess and carry a State muz- D. Sport Fishing. We allow sport fishing on zleloader deer permit to hunt deer on the ref- Waterfowl Production Areas and Wildlife De- uge during the State muzzleloader season. velopment Areas throughout the District in 5. We only allow preseason scouting in accordance with State regulations subject to open public use areas and areas marked the following condition: You must remove ‘‘foot traffic only.’’ boats, motor vehicles, fishing equipment, 6. We require hunters to walk in to hunt. and other personal property (excluding ice 7. You must remove your harvested deer houses) by the end of each day (see §§ 27.93 only by carrying, dragging, or using a hand- and 27.94 of this chapter). pulled cart or sled.

351

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.53 50 CFR Ch. I (10–1–06 Edition)

8. You may use portable tree stands but must be able to float above the water surface must remove them (see § 27.93 of this chap- until they are removed from the water. We ter) daily from the refuge. require that anglers remove fish houses or 9. We prohibit the use of flagging, paint, parts thereof from the refuge ice, water, and blazes, tacks, or other types of markers. land by no later than 10 p.m. March 15. We 10. You may only use strap-on steps or re- prohibit ice houses or parts thereof to be cut movable climbing ladders if needed to access off and left or burned on the refuge. portable tree stands (see § 32.2(i)). 12. We allow anglers to place portable fish 11. You may hunt all of the refuge with the houses on the Souris River north of Carter exception of the following areas: the area Dam (Dam 41) and south of Lake Darling surrounding the refuge headquarters build- Dam for ice fishing, and you must remove ings, Office/Visitor Center, residences, fenced them (see § 27.93 of this chapter) daily from equipment yard, and gun range. We post the refuge. these areas with ‘‘No Trespassing’’ or 13. We designate the following fishing sites ‘‘Closed to Hunting’’ signs. and lake and river access sites: 12. We prohibit entry to the refuge before i. BAKER BRIDGE—We allow bank fishing 12 p.m. (noon) on the first day of the bow, on a loop of the Souris River located on the gun, or muzzleloader deer hunting seasons. north side of County Road 8. The open area However, bow hunters may hunt on the ref- begins at the bridge and goes west to a point uge any time the State bow season is open. where the river meets the refuge boundary 13. Youth deer hunters (14 years of age) fence. You may walk onto the ice from this may hunt on the refuge if they register at area for ice fishing. the refuge office prior to hunting during the ii. SILVER BRIDGE—We allow bank fish- State Youth Deer Season. An adult or guard- ing from the road right-of-way around the ian age 18 or older must accompany youth bridge abutments. You may walk onto the hunters. ice from this area for ice fishing. 14. You may not return to the refuge with iii. OUTLET FISHING AREA —Bank fish- a weapon after you have filled your deer tag; ing begins 1⁄4 mile (.4 km) below Lake Dar- however, you may carry a shotgun while ling Dam and extends south approximately hunting upland game birds in open hunting 600 yards (540 m). We prohibit open water units. fishing on the Beaver Lodge Canoe Trail or D. Sport Fishing. We allow fishing on des- on the Oxbow Nature Trail (southeast of the ignated areas of the refuge in accordance parking lot). You may walk onto the ice for with State regulations subject to the fol- ice fishing from the Outlet Fishing Area and lowing conditions: from the Beaver Lodge Canoe Trail launch 1. Conditions B7 and B9 apply. site for ice fishing. 2. We allow use of fishing boats, canoes, iv. LANDINGS 1, 2, and 3 on LAKE DAR- and float tubes in designated boat fishing LING—We open the lake to boat fishing from areas (see below) on Lake Darling for fishing Lake Darling Dam north 3 miles (4.8 km) to from May 1 through September 30. the buoy line. We allow you to launch boats 3. You may bank fish in designated areas at Landings 1, 2, and 3 boat ramps. We only (see below) whenever there is open water. allow driving access onto the ice at Landings 4. We prohibit the use of bow, spear, or un- 1, 2, and 3 boat ramps for ice fishing. You derwater spearing equipment to take fish. may bank fish along the west shore from 5. We prohibit fishing or access to fishing Lake Darling Dam north approximately 1 1⁄4 areas along the Prairie-Marsh Scenic Drive. miles (2 km) to Landing 3. The Pullout Area 6. We prohibit swimming, sailing, water on the west end of Lake Darling Dam is the skiing, pleasure boating, and overnight only bank fishing area open on Lake Darling camping. Dam. You may walk onto the ice from the 7. You may ice fish on all ice-covered wa- bank fishing area and from Lake Darling ters of the Souris River and Lake Darling; Dam for ice fishing. however, we designate access sites where you v. SPILLWAY FISHING AREA on LAKE can walk or drive onto the ice (see below). DARLING—We prohibit entry to this area if 8. We allow you to drive licensed cars and signs ‘‘Area Beyond This Sign Closed’’ are pickups on the ice from Lake Darling Dam present. If the area is open, you may walk north to Carter Dam (Dam 41) for ice fishing. onto the ice for ice fishing. We prohibit driv- 9. We allow walk-in access at designated ing vehicles onto the ice from this area (see sites (see below) on the Souris River north of § 27.31 of this chapter). Carter Dam (Dam 41) and south of Lake Dar- vi. GRANO CROSSING on LAKE DARLING ling Dam for ice fishing. We prohibit vehicles ‘‘ You may bank fish from the road right-of- to drive onto the ice in these areas (see way on both sides of the crossing and within § 27.31 of this chapter). the boundaries of the Grano Boat Ramp. You 10. We allow you to place fish houses on may fish from boats on the lake north from the ice of Lake Darling. Grano Crossing to Greene Crossing. We allow 11. We prohibit use of campers or other launching of boats at the Grano Boat Ramp. structures not made of floatable materials as We prohibit operating a boat above idle fish houses. We require that all fish houses speed in the boat ramp bay area. You may

352

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.54

walk onto the ice from Grano Crossing and condition: We prohibit the use of horses for the Grano Boat Ramp for ice fishing. We any purpose. allow driving access onto the ice at two vehi- D. Sport Fishing. We allow sport fishing on cle road approaches located on the west end Waterfowl Production Areas throughout the of the Grano Crossing (see § 27.31 of this District in accordance with State regula- chapter). tions subject to the following condition: You vii. GREENE CROSSING on LAKE DAR- must remove boats, motor vehicles, fishing LING—You may bank fish from the road equipment, and other personal property (ex- right-of-way on both sides of the crossing cluding ice houses) by the end of each day and the Greene Boat Ramp area. You may (see §§ 27.93 and 27.94 of this chapter). fish from boats on the lake south from [58 FR 5064, Jan. 19, 1993, as amended at 58 Greene Crossing to Grano Crossing. We allow FR 29085, May 18, 1993; 59 FR 6686, Feb. 11, launching of boats at the Greene Boat Ramp. 1994; 59 FR 55187, 55191, Nov. 3, 1994; 60 FR You may walk onto the ice from these areas 62045, Dec. 4, 1995; 63 FR 46919, Sept. 3, 1998; for ice fishing. We allow driving access onto 65 FR 30788, May 12, 2000; 65 FR 56407, Sept. the ice at two vehicle road approaches lo- 18, 2000; 66 FR 46360, Sept. 4, 2001; 67 FR 58949, cated on the west end of the Greene Crossing Sept. 18, 2002; 69 FR 54362, 54440, Sept. 8, 2004; and at the Greene Boat Ramp (see § 27.31 of 70 FR 54185, Sept. 13, 2005] this chapter). viii. CARTER DAM (DAM 41)—You may bank fish on both sides of the road near the § 32.54 Ohio. water control structure (east end of the dam) The following refuge units have been and culvert (west end of the spillway). You opened to hunting and/or fishing, and may walk onto the ice for ice fishing. are listed in alphabetical order with ix. HIGHWAY 5—You may bank fish on the applicable refuge-specific regulations. north side of the road from the bridge west to a point where the road meets the river. CEDAR POINT NATIONAL WILDLIFE REFUGE You may walk onto the ice for ice fishing on the north and south sides of the highway A. Migratory Game Bird Hunting. [Reserved] where the ice meets the highway right-of- B. Upland Game Hunting. [Reserved] way. C. Big Game Hunting. [Reserved] x. SOURIS RIVER NORTH OF MOUSE D. Sport Fishing. We allow sport fishing on RIVER PARK TO THE NORTH END OF THE designated areas of the refuge subject to the REFUGE—We allow boat fishing and canoe- following conditions: ing. There is a boat launching ramp at the 1. You may fish only during daylight hours Park. You may walk onto the ice from during designated dates. Mouse River Park for ice fishing. 2. We do not allow boats or flotation de- xi. SWENSON BRIDGE—You may bank vices. fish from the road right-of-way. You may walk onto the ice from this area for ice fish- OTTAWA NATIONAL WILDLIFE REFUGE ing. A. Migratory Game Bird Hunting. We allow hunting of goose and duck on designated VALLEY CITY WETLAND MANAGEMENT areas of the refuge in accordance with State DISTRICT regulations subject to the following condi- A. Migratory Game Bird Hunting. We allow tions: migratory game bird hunting on Waterfowl 1. You must possess and carry a refuge per- Production Areas throughout the District in mit. All hunters must check-in and out at accordance with State regulations subject to the hunter check station. the following condition: You must remove 2. We require that hunting stop at 12 p.m. boats, decoys, portable blinds, other personal (noon) each day. property, and any materials brought onto 3. We require that hunters hunt within 75 the area for blind construction by the end of yards (67.5 m) of the assigned blind. each day (see §§ 27.93 and 27.94 of this chap- 4. You may only possess approved nontoxic ter). We prohibit bringing any type of live or shotshells (see § 32.2(k)) while in the field in dead vegetation onto the refuge for any pur- quantities of 25 or less. pose at any time. B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. We allow upland C. Big Game Hunting. We allow hunting of game hunting on Waterfowl Production white-tailed deer on designated areas of the Areas throughout the District in accordance refuge in accordance with State regulations with State regulations subject to the fol- subject to the following conditions: lowing condition: We prohibit the use of 1. You must possess and carry a refuge per- horses for any purpose. mit. C. Big Game Hunting. We allow big game 2. We require that hunters check out at the hunting on Waterfowl Production Areas refuge check station no later than 6 p.m. throughout the District in accordance with 3. Hunters must check all deer harvested State regulations subject to the following at the refuge check station.

353

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.55 50 CFR Ch. I (10–1–06 Edition)

4. We require that hunters wear a hat and 3. Raccoon hunting only: Hunt hours are outer jacket/vest that is blaze orange. legal sunset to legal sunrise only. State fire- 5. We require that hunters remain within arm restrictions apply. their assigned unit. 4. We publish opening and closing dates in 6. We prohibit possession of more than one the Refuge Hunt Brochure. hunting weapon while in the field. 5. We allow dogs for hunting squirrel, rab- 7. We prohibit the construction or use of bit, and raccoon, but you must remove the permanent blinds or tree stands. dogs from the refuge at the end of the hunt (see § 26.21(b) of this chapter). 8. We require that hunters obtain permis- 6. We offer refuge-controlled turkey hunts. sion from refuge officials before tracking a You may call the refuge office or the State wounded deer out of their assigned hunting for information concerning these hunts. unit. 7. Turkey hunters must check-in and out 9. We prohibit shooting from any road. at a refuge check station. Refuge staff pro- D. Sport Fishing. We allow fishing on des- vide a hunter briefing as part of the check- ignated areas of the refuge in accordance in. with State regulations subject to the fol- 8. We prohibit the construction or use of lowing conditions: permanent blinds during turkey hunts. 1. We allow fishing from legal sunrise to 9. We prohibit off-road vehicle use (see legal sunset during designated dates. § 27.31 of this chapter). 2. We prohibit boats or flotation devices. C. Big Game Hunting. We allow hunting of white-tailed deer and feral hog on designated [58 FR 5064, Jan. 19, 1993, as amended at 60 areas of the refuge in accordance with State FR 61492, Nov. 30, 1995; 65 FR 30789, May 12, regulations subject to the following condi- 2000; 65 FR 56407, Sept. 18, 2000; 69 FR 54362, tions: 54444, Sept. 8, 2004] 1. You must possess and carry a refuge permit. § 32.55 Oklahoma. 2. We offer refuge-controlled deer hunts The following refuge units have been (archery, primitive, youth primitive). For in- opened for hunting and/or fishing, and formation concerning these hunts, contact the refuge office or the State. are listed in alphabetical order with 3. We will offer a limited archery season applicable refuge-specific regulations. deer hunt following the controlled deer hunt. Contact the refuge office for more informa- DEEP FORK NATIONAL WILDLIFE REFUGE tion. A. Migratory Game Bird Hunting. We allow 4. You may hunt feral hog during any es- hunting of duck in designated areas of the tablished refuge hunting season. Refuge per- refuge in accordance with State regulations mits and legal weapons apply for the current subject to the following conditions: hunting season. 1. You must possess and carry a signed ref- 5. We prohibit scouting when we are con- uge permit. We require no fee. ducting controlled deer hunts. 2. We prohibit taking of goose during the 6. You may use tree stands, but you must duck hunt. remove them (see § 27.93 of this chapter) im- 3. Species and bag limits are in accordance mediately following the end of the hunt sea- with State regulations. son. 7. We prohibit off-road vehicle use (see 4. We allow duck hunting on Fridays, Sat- § 27.31 of this chapter). urdays, Sundays, and Mondays, from 1⁄2 hour D. Sport Fishing. We allow fishing in des- before legal sunrise until 1 p.m. Refer to the ignated areas of the refuge in accordance refuge hunting brochure for opening and with State regulations subject to the fol- closing dates. lowing conditions: 5. You may only use portable blinds. You 1. A fishing brochure with a map is avail- must remove blinds, decoys, and all personal able from the refuge office. We identify park- equipment (see § 27.93 of this chapter) daily. ing areas and open and closed areas on the 6. We prohibit off-road vehicle use (see map. § 27.31 of this chapter). 2. We prohibit the possession of firearms. B. Upland Game Hunting. We allow hunting 3. We allow year-round fishing on the Deep of squirrel, rabbit, turkey, and raccoon in Fork River. We allow fishing from March 1 designated areas of the refuge in accordance through October 31 on sloughs, farm ponds, with State regulations subject to the fol- and impoundments not connected to the lowing conditions: river. 1. You must possess and carry a signed ref- 4. Game fish species and creel/possession uge permit. We require no fee. limits are in accordance with State regula- 2. We only allow shotguns and .22 caliber tions. rimfire rifles for rabbit and squirrel. We only 5. We allow bowfishing on the refuge from allow special archery hunts by refuge Spe- legal sunrise to legal sunset from May 15 cial Use Permit. through September 30.

354

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.55

6. We prohibit snagging and netting. D. Sport Fishing. We allow fishing on des- 7. We only allow trotlines, juglines, ignated areas of the refuge in accordance limblines, and yo-yos in the Deep Fork River with State regulations subject to the fol- and prohibit them in any other areas on the lowing conditions: refuge. Anglers must mark lines and attend 1. We allow fishing from legal sunrise to and remove them (see § 27.93 of this chapter) legal sunset. in accordance with State regulations. 2. Condition A1 applies. 8. We allow noodling in accordance with State fishing regulations. OPTIMA NATIONAL WILDLIFE REFUGE 9. We prohibit the taking of turtle and mussel (see § 27.21 of this chapter). A. Migratory Game Bird Hunting. Hunting of mourning doves is permitted on designated LITTLE RIVER NATIONAL WILDLIFE REFUGE areas of the refuge. B. Upland Game Hunting. Hunters may hunt A. Migratory Game Bird Hunting. We allow pheasants, bobwhite and scaled quail, cot- hunting of duck on designated areas of the tontail rabbit and jackrabbit on the refuge refuge in accordance with State regulations in accordance with State hunting regula- subject to the following conditions: tions subject to the following conditions: 1. We prohibit off-road vehicle use (see 1. Only shotguns are permitted. § 27.31 of this chapter). 2. We prohibit building and use of perma- C. Big Game Hunting. Hunters may hunt nent blinds. You may only use portable white-tailed deer, mule deer and turkey on blinds. You must remove blinds, decoys, and the refuge in accordance with State hunting all personal equipment from the refuge daily regulations subject to the following condi- (see §§ 27.93 and 27.94 of this chapter). tions: 1. Archery and shotguns are permitted dur- 3. You may hunt from 1⁄2 hour before legal sunrise until 12 p.m. (noon) each day. ing spring turkey season. 4. You must possess and carry a signed ref- 2. Only archery hunting is permitted dur- uge permit while hunting. ing fall seasons. 5. You may only hunt duck during des- D. Sport Fishing. [Reserved] ignated refuge seasons. 6. You may only possess approved nontoxic SALT PLAINS NATIONAL WILDLIFE REFUGE shot while in the field (see § 32.2(k)). A. Migratory Game Bird Hunting. We allow B. Upland Game Hunting. We allow hunting hunting of duck, goose, sandhill crane, and of squirrel, rabbit, turkey, beaver, and rac- mourning dove on designated areas of the coon on designated areas of the refuge in ac- refuge in accordance with State regulations cordance with State regulations subject to subject to the following conditions: the following conditions: 1. You may only possess approved nontoxic 1. Turkey hunters using firearms (see shot while in the field (see § 32.2(k)). § 27.42 of this chapter) must pay fees and ob- 2. We require hunters to check-in and out tain a controlled hunt permit through the of the refuge. State. 3. Hunting begins 1⁄2 hour before legal sun- 2. Conditions A1 and A4 apply. rise and ends at 12 p.m. (noon). 3. You may only hunt upland game during 4. We prohibit hunting during the regular designated refuge seasons. State rifle deer season on Saturdays, Sun- 4. Shotgun hunters may only possess ap- days, and Mondays. proved nontoxic shot while in the field (see § 32.2(k)). B. Upland Game Hunting. We allow hunting 5. You may hunt beaver during any estab- of quail and pheasant on designated areas of lished refuge hunting season. Refuge permits the refuge in accordance with State regula- and legal weapons apply for the current tions subject to the following conditions: hunting season. 1. Conditions A1 through A4 apply. C. Big Game Hunting. We allow hunting of C. Big Game Hunting. Hunting of white- deer and feral hog on designated areas of the tailed deer is permitted on designated areas refuge in accordance with State regulations of the refuge subject to the following condi- subject to the following conditions: tion: Permits and payment of a fee are re- 1. Deer hunters using firearms (see § 27.42 of quired. this chapter) must pay fees and obtain a con- D. Sport Fishing. We allow fishing on des- trolled hunt permit through the State. ignated areas of the refuge in accordance 2. Condition A1 applies. with State regulations subject to the fol- 3. You may hunt feral hog during any es- lowing conditions: tablished refuge hunting season. Refuge per- 1. We close designated areas of the Great mits and legal weapons apply for the current Salt Plains Reservoir. hunting season. 2. We allow fishing from April 1 through 4. Deer archery hunters must possess and October 15. carry a signed refuge permit while hunting. 3. We prohibit trotlines within 500 feet (150 5. You may only hunt big game during des- m) of the shoreline of the Jet Recreation ignated refuge seasons. Area.

355

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.55 50 CFR Ch. I (10–1–06 Edition)

4. Posts used to secure or anchor trotlines 8. We prohibit guiding or outfitting for must reach a minimum of 2 feet (30 cm) commercial purposes. above the water surface, and you must mark 9. We restrict the use of airboats within them to make them clearly visible to boat- the refuge boundary to the navigation chan- ers. nel and the designated hunting areas from 5. We prohibit the taking of any type of September 1 to March 1. bait from refuge lands or waters. 10. We prohibit hunters entering the 6. We only allow fishing on Bonham Pond: Sandtown Bottom Unit prior to 5 a.m. during By youths age 14 and under or by any person hunting season. Hunters must leave the with a disability, only from legal sunrise to Sandtown Bottom Unit by 1 hour after legal legal sunset, and with a limit of one pole per sunset during hunting season. person. B. Upland Game Hunting. We allow hunting of squirrel, quail, and rabbit on designated SEQUOYAH NATIONAL WILDLIFE REFUGE areas of the refuge in accordance with State regulations subject to the following condi- A. Migratory Game Bird Hunting. We allow tions: hunting of duck, goose, dove, coot, snipe, and 1. Conditions A1, A7, A8, and A9 apply. woodcock on designated areas of the refuge 2. We only open the refuge to hunting on in accordance with State regulations subject Saturdays, Sundays, Mondays, and Tuesdays. to the following conditions: We generally designate open areas as: Area 1. We require a free annual refuge permit A—Sandtown Bottom, Area B—Webber Bot- for all hunting. The hunter must possess and tom, and Area C—Girty Bottom. We prohibit carry the signed permit while hunting. hunting or shooting within 50 feet (15 me- 2. We only open the refuge to hunting on ters) of designated roads or parking areas. Saturdays, Sundays, Mondays, and Tuesdays. All hunters must park in designated parking Hunters may only enter the open portion of areas. Sally Jones Lake by boat after 5 a.m. and 3. Season lengths and bag limits will be in must leave by 1 hour after legal sunset. We accordance with State regulations with the generally designate open hunting areas as: exception that all upland game hunting will Area A—Sandtown Bottom, Area B—Webber close on January 31 of each year. Bottom, and Area C—Girty Bottom. We pro- 4. We only allow legal shotguns and ap- hibit hunting or shooting within 50 feet (15 proved nontoxic shot (see § 32.2(k)). You must meters) of designated roads or parking areas. plug shotguns so they are incapable of hold- All hunters must park in designated parking ing more than three shells. You must unload areas. and case shotguns (see § 27.42(b) of this chap- 3. Season lengths and bag limits will be in ter) while transporting them by vehicle or accordance with State regulations with the boat. exception that all hunting, except for the 5. We require upland game hunters to fol- conservation light goose season, will close on low State blaze-orange regulations. January 31 of each year. If a conservation C. Big Game Hunting. We allow hunting of light goose season is in effect, it will follow white-tailed deer on designated areas of the State regulations with the exception of spe- refuge in accordance with State regulations cial refuge regulations and hunting days. subject to the following conditions: 4. We only allow legal shotguns. You must 1. Hunters must possess and carry a refuge- unload and case shotguns (see § 27.42(b) of controlled hunt permit, and comply with the this chapter) while transporting them in a designated refuge season, hunting methods, vehicle or boat. and location guidelines for that year. 5. We prohibit construction of pit blinds or 2. Hunters must apply to the State-con- permanent blinds. You must reduce blinds to trolled deer hunt drawing administered by a natural appearance or remove them (see the Oklahoma Department of Wildlife Con- § 27.93 of this chapter) at the end of the day. servation for selection. We require those You must remove all empty shells, litter, de- hunters to attend a prehunt briefing, and coys, boats, or other personal property (see they must follow all applicable State regula- §§ 27.93 and 27.94 of this chapter) at the end of tions. the day. We prohibit camping in boats or 3. We require payment of State and Federal otherwise spending the night on any area of special deer hunting fees. the refuge. 4. Condition A9 applies. 6. We allow boats, and you must operate D. Sport Fishing. We allow fishing and them under applicable State laws and com- frogging on designated areas of the refuge in ply with all licensing and marking regula- accordance with State regulations subject to tions from their State of origin. the following conditions: 7. We allow the use of dogs for hunting, but 1. Fishing and frogging will follow State the dogs must remain under the immediate seasons, limits, and regulations with the ex- control of the hunter at all times (see ception that from September 1 to March 31 § 26.21(b) of this chapter). We prohibit entry we prohibit fishing or frogging in the closed by hunters or dogs to closed areas to retrieve zone south of refuge headquarters, as des- or rally game. ignated by buoys and signs. We close the

356

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00366 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.55

Horton Slough area south of the refuge head- 2. Anglers may use boats from March 1 quarters to fishing and entry east to the con- through September 30 in designated refuge fluence of Little Vian Creek. waters and Wildlife Management Unit. 2. We prohibit boating on the closed por- 3. Anglers may use trotlines and other set tion of Sally Jones Lake from September 1 tackle only in the Cumberland Pool and be- to March 31. tween the natural banks of the Washita 3. You must remove trotlines (see § 27.93 of River. Anglers must attach set tackle, used this chapter) from the closed zone before in Cumberland Pool, only to anchored floats. September 1. 4. Anglers may not use limblines, 4. Conditions A6 (boats used for fishing), throwlines, juglines, and yo-yo’s. A8, and A9 apply. 5. Anglers may not use any containers 5. We prohibit the possession of any fire- (jugs, bottles) as floats. arms or bows with arrows while frogging. 6. Anglers must remove fishing tackle at the end of the boating season. TISHOMINGO NATIONAL WILDLIFE REFUGE 7. Anglers may no-wake boat fish during the boating season with line and pole or rod A. Migratory Game Bird Hunting. Hunting of and reel in: (a) open areas south and west of mourning doves and waterfowl is permitted the Cumberland Pool shallow water buoy on the Tishomingo Wildlife Management line; (b) lakes south and west of the Washita Unit of the refuge subject to the following River; and (c) the Wildlife Management Unit. 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. 12. Anglers may not take frogs, turtles, or 1. Upland game hunting is not permitted mussels. during deer archery and dark goose seasons. 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. Migratory Game Bird Hunting. We allow of the unit at designated areas. hunting of duck, goose, and sandhill crane on designated areas of the refuge in accordance 4. Turkey hunters may only hunt during with State regulations subject to the fol- the statewide spring shotgun season and dur- lowing conditions: ing the fall archery season. 1. We require permits and payment of a fee C. Big Game Hunting. Hunting of white- to hunt goose and sandhill crane. tailed deer and turkey is permitted on des- 2. Goose and sandhill crane hunters must ignated areas of the refuge subject to the fol- hunt from designated pit blinds. lowing conditions: 3. We allow youth hunters, ages 12 to 16, to 1. Deer hunting on the Wildlife Manage- hunt duck in a controlled youth hunt in con- ment Unit is permitted only during the junction with a waterfowl seminar. statewide deer archery season. B. Upland Game Hunting. Hunters may hunt 2. Refuge bonus deer gun hunts are by spe- quail and rabbit on designated areas of the cial permit only. refuge in accordance with State hunting reg- 3. Hunters are required to check in and out ulations subject to the following conditions: of the unit at designated areas. 1. We only allow shotguns. 4. We prohibit baiting on the refuge and 2. You may possess only approved nontoxic the Wildlife Management Unit. shot while in the field. D. Sport Fishing. Fishing with hook and C. Big Game Hunting. We allow hunting of line is permitted on designated areas of the white-tailed deer and feral hog on designated refuge subject to the following conditions areas of the refuge subject to the following and exceptions: conditions: 1. Anglers may bank and wade fish with 1. We allow hunting during the special ref- pole and line or rod and reel year-round in uge season in accordance with the refuge areas open for public fishing access. hunt information sheet.

357

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.56 50 CFR Ch. I (10–1–06 Edition)

2. You must obtain a refuge hunt permit Johnson, Rush, Quanah Parker and French and pay a fee (fee waived for Youth Hunt Lakes. participants). [58 FR 5064, Jan. 19, 1993, as amended at 59 3. You must check in and out of hunt areas FR 6695, Feb. 11, 1994; 59 FR 55187, Nov. 3, daily at the refuge office or check station. 1994; 60 FR 61213, Nov. 29, 1995; 60 FR 62046, 4. You must take bagged deer and/or hog to Dec. 4, 1995; 61 FR 46398, Sept. 3, 1996; 62 FR the refuge check station. 47380, Sept. 9, 1997; 63 FR 46920, Sept. 3, 1998; 5. We will determine bag limits on deer an- 65 FR 30789, May 12, 2000; 65 FR 56407, Sept. nually. 18, 2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58949, 6. We prohibit the use of bait. Sept. 18, 2002; 69 FR 54362, 54445, Sept. 8, 2004; 7. A nonhunting mentor of 21 years of age 70 FR 54188, Sept. 13, 2005] or older must accompany, and be in the immediate presence of, participants in the § 32.56 Oregon. Youth Hunt, who must be between the ages The following refuge units have been of 12 and 18. Hunters and mentors must opened for hunting and/or fishing, and BOTH wear hunter orange clothing meeting are listed in alphabetical order with or exceeding the minimum State require- applicable refuge-specific regulations. ments. 8. We prohibit handguns. BANDON MARSH NATIONAL WILDLIFE REFUGE D. Sport Fishing. Anglers may fish in des- A. Migratory Game Bird Hunting. We allow ignated areas of the refuge in accordance hunting of goose, duck, coot, and snipe on with State fishing regulations subject to the that portion of the refuge west of U.S. High- following conditions: way 101 and outside the Bandon city limits, 1. Anglers may fish from March 15 through in accordance with State regulations subject October 14 in the Washita River and Foss to the following conditions; Reservoir. Anglers may bank fish year round 1. You may only use portable blinds or in the Washita River and Foss Reservoir blinds constructed of on-site dead vegetation from open areas. (see § 27.51 of this chapter) or driftwood. 2. Anglers may access fishing areas only 2. You must remove all blinds, decoys, from designated parking areas and by boat shotshell hulls, and other personal equip- from Foss Reservoir. ment and refuse (see §§ 27.93 and 27.94 of this 3. We do not allow boats and other flota- chapter) from the refuge at the end of each tion devices on refuge waters from October day. 15 through March 14. 3. You may only possess approved nontoxic shot while in the field (see § 32.2(k)). WICHITA MOUNTAINS NATIONAL WILDLIFE B. Upland Game Hunting. [Reserved] REFUGE C. Big Game Hunting. [Reserved] D. Sport Fishing. We allow sport fishing in A. Migratory Game Bird Hunting. [Reserved] accordance with State regulations, on that B. Upland Game Hunting. [Reserved] portion of the refuge west of U.S. Highway C. Big Game Hunting. Hunting of elk and 101. white-tailed deer is permitted on designated areas of the refuge subject to the following BEAR VALLEY NATIONAL WILDLIFE REFUGE condition: Permits and payment of a fee are A. Migratory Game Bird Hunting. [Reserved] required. B. Upland Game Hunting. [Reserved] D. Sport Fishing. Fishing is permitted on C. Big Game Hunting. Hunting of deer only designated areas of the refuge subject to the is permitted on designated areas of the ref- following conditions: uge subject to the following conditions: 1. Fish may be taken only with pole and 1. Hunting opens concurrent with the State line or rod and reel. season and closes October 31. 2. Taking any type of bait from refuge 2. No hunting or public entry of any kind is permitted from November 1 to March 31. lands or waters is not permitted. D. Sport Fishing. [Reserved] 3. Taking of frogs and turtles is not permitted. COLD SPRINGS NATIONAL WILDLIFE REFUGE 4. Hand-powered boats are permitted only A. Migratory Game Bird Hunting. We allow on Jed Johnson, Rush, Quanah Parker, and hunting of goose, duck, coot, dove, and com- French Lakes. mon snipe on designated areas of the refuge 5. Anglers may use electric trolling motors in accordance with State regulations subject ′ on boats 14 or less in length only on Jed to the following conditions: 1. We only allow hunting on Tuesdays, Thursdays, Saturdays, Sundays, Thanks- giving Day, Christmas Day, and New Year’s Day.

358

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.56

2. We open the refuge from 5 a.m. until 11⁄2 4. From October 1 through the last day of hours after legal sunset. February, we only allow bank fishing, and 3. You may only possess approved nontoxic only in the area beginning at the west inlet shotshells (see § 32.2(k)) per day on the refuge canal, north across the face of the dam to in quantities of 25 or less. the closed area sign. 4. We only allow vehicles on designated 5. We only allow fishing with hook and routes of travel and require hunters to park line. in designated parking areas (see § 27.31 of this 6. The refuge is open from 5 a.m. to 11⁄2 chapter). We reserve parking lot F solely for hours after legal sunset. Memorial Marsh Unit waterfowl hunters. 5. We require waterfowl hunting parties to DEER FLAT NATIONAL WILDLIFE REFUGE space themselves a minimum of 200 yards A. Migratory Game Bird Hunting. Hunting of (180 m) apart in the free-roam area along the doves, geese, ducks, coots and common snipe reservoir shoreline. is permitted on the Snake River sector sub- 6. We only allow portable blinds and tem- ject to the following conditions: porary blinds constructed of natural mate- 1. Only portable blinds and temporary rials. blinds constructed of natural materials are 7. We only allow nonmotorized boats and permitted. boats with electric motors within that por- 2. Waterfowl and snipe hunters may pos- tion of reservoir open to hunting. sess only approved nontoxic shot while in 8. On the Memorial Marsh Unit, we only the field. allow hunting from numbered field blind B. Upland Game Hunting. Hunting of upland sites, and hunters must only park their vehi- game is permitted on the Snake River Sector cles at the numbered post corresponding to subject to the following conditions: the numbered field blind site they are using 1. Hunting is not permitted from February (see § 27.31 of this chapter). Selection of park- 1 through May 31. ing sites/numbered posts is on a first-come, 2. Pheasant, quail, and partridge hunters first-served basis at parking lot F. We pro- may possess only approved nontoxic shot hibit free-roam hunting or jump shooting, while in the field. and you must remain within 100 feet (30 m) C. Big Game Hunting. Hunting of deer is of the numbered field blind post unless re- permitted on designated areas of the refuge trieving birds or setting decoys. We allow a subject to the following condition: Hunting maximum of four persons per blind site. is permitted only on the Snake River Sector. 9. You may not shoot or discharge any fire- D. Sport Fishing. Fishing is permitted on arm from, across, or along a public highway, designated areas of the refuge subject to the designated route of travel, road, road shoul- following condition: Shoreline fishing is not der, road embankment, or designated park- permitted on the islands of the Snake River ing area. Sector from February 1 through May 31. B. Upland Game Hunting. We allow hunting of pheasant, chukar, Hungarian partridge, HART MOUNTAIN NATIONAL ANTELOPE REFUGE and quail on designated areas of the refuge in accordance with State regulations subject A. Migratory Game Bird Hunting. [Reserved] to the following conditions: B. Upland Game Hunting. We allow hunting 1. We only allow hunting on Tuesdays, of chukar only on the western slopes of Hart Thursdays, Saturdays, Sundays, Thanks- Mountain and Poker Jim Ridge in accord- giving Day, and Christmas Day. ance with State regulations. 2. We prohibit hunting of upland game C. Big Game Hunting. We allow hunting of birds until 12 p.m. (noon) of each hunt day. deer, antelope, and bighorn sheep on the ref- 3. You may possess only approved nontoxic uge in areas designated by permit issued shot while in the field. from the State in accordance with State reg- 4. Hunters may not possess more than 25 ulations subject to the following conditions: shells while in the field. 1. We allow ground blinds, but we prohibit 5. We do not allow hunting of upland game construction of them earlier than 1 week birds until noon of each hunt day. prior to the opening day of the legal season 6. Condition A9 applies. for which you have a valid permit. C. Big Game Hunting. [Reserved] 2. You must remove blinds (see § 27.93 of D. Sport Fishing. We allow fishing on des- this chapter) within 24 hours of harvesting ignated areas of the refuge in accordance an animal or at the end of the permittee’s with State regulations subject to the fol- legal season. lowing conditions: 3. We limit hunters to one blind each, and 1. In the Cold Springs Reservoir, we only you must tag blinds with the owner’s name allow fishing from March 1 through Sep- and permit number. tember 30. 4. We prohibit destruction of natural vege- 2. On the south side of the reservoir, we tation (see § 27.51 of this chapter) or below- only allow bank fishing. ground excavation. 3. We only allow use of nonmotorized boats 5. We require hunters to check-in at the and boats with electric motors. refuge headquarters prior to hunting on the

359

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.56 50 CFR Ch. I (10–1–06 Edition)

refuge and check out at the refuge head- mitted on designated areas of the refuge sub- quarters upon completion of the hunt. ject to the following conditions: 6. We prohibit hunting within 3 miles (4.8 1. Only unloaded firearms may be carried km) of the refuge headquarters. on hunter access routes open to motor vehi- D. Sport Fishing. We allow fishing on the cles or when taken through posted retrieving refuge only in Rock Creek, Guano Creek, and zones when traveling to and from the hunt- Warner Pond in accordance with State regu- ing areas. lations. 2. Decoys may not be set in retrieving zones. JULIA BUTLER HANSEN REFUGE FOR THE 3. The use of air-thrust and inboard water- COLUMBIAN WHITE-TAILED DEER thrust boats is not permitted. A. Migratory Game Bird Hunting. We allow 4. Waterfowl and snipe hunters may pos- hunting of geese, ducks, coots, and common sess only approved nontoxic shot while in snipe on the Wallace Island Unit subject to the field. the following condition: You may possess B. Upland Game Hunting. Hunting of pheas- only approved nontoxic shot while in the ant is permitted on designated areas of the field. refuge subject to the following conditions: B. Upland Game Hunting. [Reserved] 1. Only unloaded firearms may be taken C. Big Game Hunting. [Reserved] through posted retrieving zones when trav- D. Sport Fishing. We allow sport fishing eling to and from hunting areas. along the shoreline of the Wallace Island 2. You may possess only approved nontoxic Unit in accordance with State regulations. shot while in the field. C. Big Game Hunting. [Reserved] KLAMATH MARSH NATIONAL WILDLIFE REFUGE D. Sport Fishing. [Reserved]

A. Migratory Game Bird Hunting. Hunting of MALHEUR NATIONAL WILDLIFE REFUGE geese, ducks, coots and common snipe is permitted on designated areas of the refuge sub- A. Migratory Game Bird Hunting. We allow ject to the following conditions: hunting of dove, goose, duck, merganser, 1. The use of air-thrust and inboard water- coot, snipe, and pigeon on designated areas thrust boats is not permitted. of the refuge in accordance with State regu- 2. Waterfowl and snipe hunters may pos- lations subject to the following conditions: sess only approved nontoxic shot while in 1. We allow only nonmotorized boats or the field. boats with electric motors. B. Upland Game Hunting. [Reserved] 2. You may possess only approved nontoxic C. Big Game Hunting. [Reserved] shot while in the field (see § 32.2(k)). D. Sport Fishing. Fishing is permitted on B. Upland Game Hunting. We allow hunting designated areas of the refuge subject to the of pheasant, quail, partridge, chukar, coyote, following conditions: and rabbit on designated areas of the refuge 1. Bank fishing is permitted in the borrow in accordance with State regulations subject ditches adjacent to the Silver Lake Highway to the following conditions: and along the shoreline of Wocus Bay. 1. We allow hunting of pheasant, quail, par- 2. The use of boats is not permitted. tridge, chukar, and rabbit from the third Saturday in November until the end of the LEWIS AND CLARK NATIONAL WILDLIFE State pheasant season on designated areas of REFUGE the Blitzen Valley east of Highway 205. We allow hunting of pheasant, quail, partridge, A. Migratory Game Bird Hunting. We allow chukar, and rabbit on designated areas on hunting of geese, ducks, coots, and common Malheur Lake concurrent with the State snipe on designated areas of the refuge sub- pheasant season. ject to the following conditions: 2. We allow hunting of all upland game spe- 1. You may possess only approved nontoxic cies during authorized State seasons on des- shot while in the field. ignated areas of the refuge west of Highway 2. We do not allow hunting on all exposed 205 and south of Foster Flat Road. lands on Miller Sands Island and its partially 3. You may possess only approved nontoxic enclosed lagoon, as posted. We do not allow shot while in the field (see § 32.2(k) of this hunting inside the diked portion of Karlson chapter) on designated areas east of Highway Island, as posted. 205 and on Malheur Lake. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of C. Big Game Hunting. [Reserved] deer and pronghorn on designated areas of D. Sport Fishing. We allow sport fishing the refuge west of Highway 205 and south of along the shoreline of the refuge islands in Foster Flat Road in accordance with State accordance with State regulations. regulations. D. Sport Fishing. We allow fishing on des- LOWER KLAMATH NATIONAL WILDLIFE REFUGE ignated areas of the refuge in accordance A. Migratory Game Bird Hunting. Hunting of with State regulations subject to the fol- geese, ducks, coots and common snipe is per- lowing conditions:

360

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.56

1. We allow fishing year-round in the tions and special conditions listed for Blitzen River, East Canal, and Mud Creek McNary National Wildlife Refuge in the upstream from and including Bridge Creek. State of Washington. We allow fishing in Krumbo Reservoir from C. Big Game Hunting. We allow deer hunt- the fourth Saturday in April until the end of ing on designated areas of the refuge in ac- October. cordance with State regulations. 2. We prohibit boats, except for non- D. Sport Fishing. We allow fishing on des- motorized boats and boats with electric mo- ignated areas of the refuge in accordance tors, on Krumbo Reservoir. with State regulations and special conditions listed for McNary National Wildlife MCKAY CREEK NATIONAL WILDLIFE REFUGE Refuge in the State of Washington. A. Migratory Game Bird Hunting. We allow SHELDON NATIONAL WILDLIFE REFUGE hunting of goose, duck, coot, and common snipe on designated areas of the refuge in ac- A. Migratory Game Bird Hunting. [Reserved] cordance with State regulations subject to B. Upland Game Hunting. Hunting of quail, the following conditions: grouse, and partridge is permitted on des- 1. We only allow hunting on Tuesdays, ignated areas of the refuge. Thursdays, Saturdays, Sundays, Thanks- C. Big Game Hunting. Hunting of deer and giving Day, Christmas Day, and New Year’s antelope is permitted on designated areas of Day. the refuge. 2. We open the refuge from 5 a.m. to 11⁄2 D. Sport Fishing. [Reserved] hours after legal sunset. 3. You may only possess approved nontoxic UMATILLA NATIONAL WILDLIFE REFUGE shotshells (see § 32.2(k)) on the refuge in A. Migratory Game Bird Hunting. We allow quantities of 25 or less per day. hunting of goose, duck, coot, and common 4. We only allow vehicles on designated snipe on designated areas of the Boardman routes of travel and require hunters to park and McCormack Units in accordance with in designated parking areas (see § 27.31 of this State regulations subject to the following chapter). conditions: 5. We require waterfowl hunting parties to 1. We open the refuge from 5 a.m. to 11⁄2 space themselves a minimum of 200 yards hours after legal sunset. (180 m) apart. 2. You may only possess approved nontoxic 6. We only allow portable blinds and tem- shotshells (see § 32.2(k)) on the refuge in porary blinds constructed of natural mate- quantities of 25 or less. rials. 3. We prohibit off-road vehicle travel and 7. We prohibit the use of boats. all use of ATVs (see § 27.31(f) of this chapter). 8. You may not shoot or discharge any fire- We only allow vehicles on designated routes arm from, across, or along a public highway, of travel and require hunters to park in des- designated route of travel, road, road shoul- ignated parking areas (see § 27.31 of this der, road embankment, or designated park- chapter). ing area. 4. The McCormack Unit is a fee-hunt area B. Upland Game Hunting. We allow hunting only open to hunting on Wednesdays, Satur- of upland game birds on designated areas of days, Sundays, Thanksgiving Day, and New the refuge in accordance with State regula- Year’s Day during State waterfowl seasons. tions subject to the following conditions: 5. Prior to entering the McCormack Fee 1. Conditions A1, A2, and A8 apply. Hunt Unit, we require you to stop at the 2. On the opening weekend of the hunting check station to obtain a refuge permit (you season, we require all hunters to possess and must possess and carry), pay a recreation carry a signed refuge permit. user fee, and obtain a blind assignment be- C. Big Game Hunting. [Reserved] fore hunting. D. Sport Fishing. We allow fishing on des- 6. On the McCormack Unit, we only allow ignated areas of the refuge in accordance hunting from assigned blind sites and require with State regulations subject to the fol- hunters to remain within 100 feet (90 m) of lowing condition: We allow fishing from marked blind sites unless retrieving birds. March 1 through September 30. 7. On the Boardman Unit, we require waterfowl hunting parties to space themselves MCNARY NATIONAL WILDLIFE REFUGE a minimum of 200 yards (180 m) apart. We A. Migratory Game Bird Hunting. We allow only allow portable blinds and temporary hunting of migratory birds on designated blinds constructed of natural materials. areas of the refuge in accordance with State 8. You may not shoot or discharge any fire- regulations and special conditions listed for arm from, across, or along a public highway, McNary National Wildlife Refuge in the designated route of travel, road, road shoul- State of Washington. der, road embankment, or designated park- B. Upland Game Hunting. We allow hunting ing area. of upland game birds on designated areas of B. Upland Game Hunting. We allow hunting the refuge in accordance with State regula- of upland game birds on designated areas of

361

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.57 50 CFR Ch. I (10–1–06 Edition)

the refuge in accordance with State regula- C. Big Game Hunting. Hunting of deer is tions subject to the following conditions: permitted on designated areas of the refuge 1. We prohibit hunting of upland game subject to the following conditions: birds until 12 p.m. (noon) of each hunt day. 1. Only shotgun and archery hunting are 2. On the McCormack Fee Hunt Unit, we permitted. only allow hunting on Wednesdays, Satur- 2. Hunters must check in and out of the days, Sundays, and Thanksgiving Day. refuge by use of self-service permits. 3. On the McCormack Unit, we require all D. Sport Fishing. Fishing is permitted on hunters to possess and carry a signed refuge designated areas of the refuge subject to the permit on the opening weekend of the hunt- following conditions: ing season. 1. Fishing is permitted on Muddy Creek 4. Condition A8 applies. from the beginning of the State trout season C. Big Game Hunting. We allow hunting of in April through October 31. deer on designated areas of the refuge in ac- 2. The use of boats is not permitted. cordance with State regulations subject to [58 FR 5064, Jan. 19, 1993, as amended at 58 the following conditions: FR 29076, May 18, 1993; 59 FR 6696, Feb. 11, 1. We allow hunting by special refuge per- 1994; 59 FR 55187, Nov. 3, 1994; 60 FR 62046, mit only. You must possess and carry the Dec. 4, 1995; 61 FR 46398, Sept. 3, 1996; 62 FR special refuge permit at all times while 47381, Sept. 9, 1997; 63 FR 46921, Sept. 3, 1998; hunting. 65 FR 30790, May 12, 2000; 65 FR 56407, Sept. 2. Condition A8 applies. 18, 2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58949, D. Sport Fishing. We allow fishing on des- Sept. 18, 2002; 68 FR 57318, Oct. 2, 2003; 69 FR ignated areas of the refuge in accordance 54362, 54447, Sept. 8, 2004; 70 FR 54189, Sept. with State regulations subject to the fol- 13, 2005; 70 FR 56377,Sept. 27, 2005] lowing conditions: 1 1. We open the refuge from 5 a.m. to 1 ⁄2 § 32.57 Pennsylvania. hours after legal sunset. 2. We allow fishing on refuge impound- The following refuge units have been ments and ponds from February 1 through opened for hunting and/or fishing, and September 30. We open other refuge waters are listed in alphabetical order with (Columbia River and its backwaters) in ac- applicable refuge-specific regulations. cordance with State regulations. ERIE NATIONAL WILDLIFE REFUGE UPPER KLAMATH NATIONAL WILDLIFE REFUGE A. Migratory Game Bird Hunting. We allow A. Migratory Game Bird Hunting. Hunting of hunting of mourning dove, rail, common geese, ducks, coots and common snipe is per- snipe, goose, duck, coot, and crow on des- mitted on designated areas of the refuge sub- ignated areas of the refuge in accordance ject to the following conditions: with State regulations subject to the fol- 1. The use of air-thrust and inboard water- lowing conditions: thrust boats is not permitted. 1. We allow hunting on the refuge from 2. Waterfowl and snipe hunters may pos- September 1 through the end of February. sess only approved nontoxic shot while in 2. We only allow nonmotorized boats for the field. waterfowl hunting. Hunters must remove B. Upland Game Hunting. [Reserved] boats (see § 27.93 of this chapter) from the C. Big Game Hunting. [Reserved] refuge by legal sunset. D. Sport Fishing. Fishing is permitted on 3. We require that hunters remove blinds designated areas of the refuge subject to the and decoys from the refuge by legal sunset following conditions: (see §§ 27.93 and 27.94 of this chapter) 1. Fishing is permitted in Pelican Bay, 4. We allow dogs for hunting; however, Recreation Creek, Crystal Creek, Odessa they must be under the immediate control of Creek, Pelican Cut and that portion of Upper the hunter at all times (see § 26.21(b) of this Klamath Lake located on the east side of the chapter). refuge. 5. We prohibit field possession of migratory 2. Motorized boats shall not exceed 10 miles game birds in areas of the refuge closed to per hour in any stream, creek or canal and migratory game bird hunting. on that portion of Pelican Bay west of a line B. Upland Game Hunting. We allow hunting beginning at designated points on the north of grouse, squirrel, rabbit, woodchuck, shore of Pelican Bay one-fourth mile east of pheasant, quail, raccoon, fox, coyote, skunk, Crystal Creek and extending due south to and opossum on designated areas of the ref- the opposite shore of the lake. uge in accordance with State regulations subject to the following conditions: WILLIAM L. FINLEY NATIONAL WILDLIFE 1. We allow hunting on the refuge from REFUGE September 1 through the end of February. A. Migratory Game Bird Hunting. [Reserved] 2. We require all persons to possess and B. Upland Game Hunting. [Reserved] carry a refuge Special Use Permit while

362

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.59

hunting fox, coyote, and raccoon on the ref- 1. We allow fishing on all refuge waters, ex- uge. cept: 3. We allow dogs for hunting; however, i. The East side of the Main Impoundment they must be under the immediate control of from the Dike Road south to the Trolley Bed the hunter at all times (see § 26.21(b) of this trail; and chapter). ii. The small pond located on the south C. Big Game Hunting. We allow hunting of side of Bartram Ave at the I–95 South on deer, bear, and turkey on designated areas of ramp. the refuge in accordance with State regula- 2. We allow fishing on the refuge from legal tions subject to the following conditions: sunrise to legal sunset. 1. We allow hunting on the refuge from 3. Anglers may only operate boats, canoes, September 1 through the end of February. and floats in tidal waters. We prohibit them We also allow spring turkey hunting in ac- on the refuge impoundments and ponds. cordance with State regulations. 4. We only allow fishing from the shoreline 2. Hunters must remove blinds, scaffolds, in refuge impoundments and ponds. We pro- tree stands, and decoys (see § 27.93 of this hibit wading. chapter) from the refuge by legal sunset. 5. We prohibit bowfishing or spearfishing 3. We prohibit organized deer drives in on the refuge. hunt area B of the Sugar Lake Division. We define a ‘‘drive’’ as three or more persons in- 6. We prohibit the take, collection, or cap- volved in the act of chasing, pursuing, dis- ture of reptile or amphibian on the refuge. turbing, or otherwise directing deer so as to OHIO RIVER ISLANDS NATIONAL WILDLIFE make the animal more susceptible to har- REFUGE vest. 4. We require all persons to possess and Refer to § 32.68 West Virginia for regula- carry a refuge Special Use Permit while tions. hunting bear on the refuge. 5. We require all hunters to notify the ref- [58 FR 5064, Jan. 19, 1993, as amended at 58 uge within 48 hours of the harvest of a deer, FR 29076, May 18, 1993; 59 FR 6698, Feb. 11, bear, or turkey. 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62047, D. Sport Fishing. We allow fishing on des- Dec. 4, 1995; 61 FR 31461, June 20, 1996; 61 FR ignated areas of the refuge in accordance 46398, Sept. 3, 1996; 62 FR 47381, Sept. 9, 1997; with State regulations subject to the fol- 63 FR 46921, Sept. 3, 1998; 65 FR 30791, May 12, lowing conditions: 2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58949, 1. We allow bank fishing only on the Sen- Sept. 18, 2002; 69 FR 54362, 54448, Sept. 8, 2004; eca Unit of the refuge. We prohibit wading. 70 FR 54189, Sept. 13, 2005] 2. We allow fishing from 1⁄2 hour before legal sunrise until 1⁄2 hour after legal sunset. § 32.58 Puerto Rico. [Reserved] 3. We prohibit the use of watercraft for fishing, with the exception of Area 5 where § 32.59 Rhode Island. we allow nonmotorized watercraft use from The following refuge units have been the second Saturday in June through Sep- tember 15. They must remain in an area from opened for hunting and/or fishing and the dike to 3,000 feet (900 m) upstream. are listed in alphabetical order with 4. We require that all anglers must remove applicable refuge-specific regulations. watercraft from the refuge by legal sunset (see § 27.93 of this chapter). BLOCK ISLAND NATIONAL WILDLIFE REFUGE 5. We allow ice fishing in Areas 5 and 7 A. Migratory Game Bird Hunting. [Reserved] only. B. Upland Game Hunting. [Reserved] 6. All persons must possess and carry a ref- C. Big Game Hunting. [Reserved] uge Special Use Permit while taking minnow D. Sport Fishing. Anglers may surf fish in or turtle. the Atlantic Ocean from the refuge shoreline 7. We prohibit the taking of frog. in accordance with state regulations. 8. We prohibit the possession of live baitfish on the Seneca Unit. NINIGRET NATIONAL WILDLIFE REFUGE 9. We prohibit the taking or possession of shellfish on the Seneca Unit of the refuge. A. Migratory Game Bird Hunting. [Reserved] B. Upland Game Hunting. [Reserved] JOHN HEINZ NATIONAL WILDLIFE REFUGE AT C. Big Game Hunting. [Reserved] TINICUM D. Sport Fishing. Anglers may surf fish in A. Migratory Game Bird Hunting. [Reserved] the Atlantic Ocean from the refuge shoreline B. Upland Game Hunting. [Reserved] in accordance with state regulations. An- C. Big Game Hunting. [Reserved] glers may saltwater fish and shellfish in D. Sport Fishing. We allow sport fishing on Ninigret Pond from the refuge shoreline only the refuge in accordance with State regula- from sunrise to sunset in accordance with tions subject to the following conditions: state and refuge regulations.

363

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.60 50 CFR Ch. I (10–1–06 Edition)

PETTAQUAMSCUTT COVE NATIONAL WILDLIFE 5. We prohibit permanent blinds. You must REFUGE remove portable blinds and decoys (see § 27.93 of this chapter) at the end of each day. A. Migratory Game Bird Hunting. [Reserved] 6. We only allow use of retrieving dogs B. Upland Game Hunting. [Reserved] while hunting. C. Big Game Hunting. [Reserved] 7. We allow scouting all year from legal D. Sport Fishing. Anglers may saltwater sunrise to legal sunset. fish from the refuge shoreline in accordance 8. Access to the hunt areas is by boat only. with state regulations. We prohibit boat launching on the refuge. 9. We do not require hunter check-in and SACHUEST POINT NATIONAL WILDLIFE REFUGE check out. There is no quota on the number A. Migratory Game Bird Hunting. [Reserved] of hunters. B. Upland Game Hunting. [Reserved] B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] C. Big Game Hunting. We allow hunting of D. Sport Fishing. Anglers may surf fish in white-tailed deer and feral hog on designated the Atlantic Ocean and Sakonnet River from areas of the refuge in accordance with State the refuge shoreline in accordance with state regulations subject to the following condi- regulations. Additionally, anglers may tions: night-fish after sunset in accordance with 1. Conditions A1 and A2 apply. state regulations. 2. We only allow hunting on days designated annually by the refuge within the TRUSTOM POND NATIONAL WILDLIFE REFUGE State season. We only allow hunting on designated refuge areas within the Edisto Unit A. Migratory Game Bird Hunting. Hunters and the Combahee Unit. may hunt Canada geese and mourning doves 3. We only allow archery or muzzleloader on designated areas of the refuge subject to hunting, and there is no quota on the num- the following conditions: State permits re- ber of hunters allowed to participate. During quired. a special quota permit hunt for the mobility B. Upland Game Hunting. [Reserved] impaired, we allow use of centerfire rifles or C. Big Game Hunting. [Reserved] shotguns. D. Sport Fishing. Anglers may surf fish in 4. Access into all refuge hunt areas for the Atlantic Ocean from the refuge shoreline hunting and scouting is by foot or bicycle. from September 16 to March 31 in accordance We may open some refuge roads on hunt with state and refuge regulations. days. 5. We allow scouting all year from legal [63 FR 46921, Sept. 3, 1998, as amended at 69 sunrise to legal sunset. FR 54362, Sept. 8, 2004] 6. Hunters may enter the refuge no earlier than 5 a.m. on hunt days and must leave the § 32.60 South Carolina. refuge no later than 1 hour after legal sun- The following refuge units have been set. opened for hunting and/or fishing, and 7. We do not require hunter check-in and are listed in alphabetical order with check out. However, you must check all deer applicable refuge-specific regulations. taken during any hunt at the designated refuge check station before removal from the ACE BASIN NATIONAL WILDLIFE REFUGE refuge. In addition, you must tag all antlerless deer with an antlerless tag pro- A. Migratory Game Bird Hunting. We allow vided by the refuge. hunting of duck, goose, and coot on des- 8. The refuge daily bag limit is two ignated areas of the refuge in accordance antlerless deer and one antlered buck that with State regulations subject to the fol- must have at least three antler points on one lowing conditions: side. We define a ‘‘point’’ as an antler projec- 1. We require each hunter to carry at all tion of at least 1 inch (2.5 cm) or more in times while hunting a signed, current refuge length. hunting regulations brochure containing a 9. You may take feral hog during refuge refuge hunt permit. The hunt permit is in- deer hunts. There is no size or bag limit on valid until signed by the hunter. hog. 2. Each youth hunter (age 15 and under) 10. We only allow one portable tree stand must remain within sight and normal voice per hunter and only during the actual days contact of an adult age 21 or older. Youth of each hunt. hunters must have successfully completed a 11. We prohibit hunting on or within 100 State-approved hunter education course. feet (30 m) of all routes marked as roads or 3. We only allow hunting until 12 p.m. trails (see § 27.31 of this chapter) on the hunt (noon) each day during the State waterfowl brochure map. season. 12. All permanently fixed ground blinds are 4. We prohibit hunting on Corps of Engi- for the mobility-impaired hunt only. neer dredge spoil sites located on refuge 13. We prohibit crossbows on the archery property on Jehossee Island. hunts. We only allow muzzleloading rifles

364

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00374 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.60

using a single projectile on the muzzleloader with State regulations subject to the fol- hunts. We prohibit buckshot. lowing conditions: 14. You may use flagging to mark the site 1. All hunters must possess and carry a of hunter entry from roads or trails and signed refuge General Hunt Permit and a again at the stand site. You may use clothes government-issued picture ID. pins with reflective tape between these sites 2. All hunters must complete a Small to mark the route to the stand. Hunters Game Check Sheet attached to the refuge must label all such markers with their full General Hunt Permit. You must turn each name and remove them (see § 27.93 of this check sheet in daily at one of the small game chapter) at the end of the hunt. check sheet drop boxes. 15. We require hunters to wear an outer 3. We prohibit discharge of weapons (see garment visible above the waist that con- § 27.42 of this chapter) within, into, or across tains a minimum of 500 square inches (3,250 a ‘‘No Hunting Zone’’ or ‘‘Closed Area’’. We cm2) of solid, florescent-orange material at prohibit entering or crossing a ‘‘No Hunting all times during the muzzleloader and mobil- Zone’’ or ‘‘Closed Area’’ to access areas open ity-impaired hunts. to hunting. We require consent from refuge 16. We prohibit the use of organized drives personnel to enter a ‘‘No Hunting Zone’’ or for taking or attempting to take game. ‘‘Closed Area’’ for the purpose of tracking D. Sport Fishing. We allow fishing on des- and/or retrieving legally taken game ani- ignated areas of the refuge in accordance mals. with State regulations subject to the fol- 4. Each youth hunter (age 16 or younger) lowing conditions: must remain within sight and normal voice 1. We allow fishing in impounded waters contact and under supervision of an adult contained within dikes and levees in the age 21 or older with a valid license and appli- Beaufort County portion of the refuge annu- cable permit. Each adult may supervise no ally from April 1 through August 31 during more than two youth hunters. Each youth daylight hours. We close fishing during all hunter must possess and carry evidence of remaining times within all refuge-im- successful completion of a State-approved pounded waters. hunter education course. 2. We prohibit boat use within refuge-im- 5. We prohibit loaded firearms (see § 27.42 of pounded waters. We only allow bank fishing. this chapter) within 100 feet (30 m) of main- 3. We only allow hook and line sport fish- tained refuge roads or within 500 feet (150 m) ing utilizing rod and reel or pole. of the paved visitor’s drive. We prohibit dis- 4. We only open access into refuge areas to charge of any weapon on or across any part fishing by foot or bicycle. of the refuge road system. We define a ‘‘loaded firearm’’ as a firearm with shells in CAPE ROMAIN NATIONAL WILDLIFE REFUGE the magazine or chamber, or, for muzzleloaders, a gun with the percussion A. Migratory Game Bird Hunting. We allow caps put in place. hunting of marsh hens/rails only on des- 6. Hunters must possess shotguns with shot ignated areas of the refuge subject to the fol- no larger than No. 5. lowing conditions: 7. Legal shooting hours for September dove 1. We require a refuge hunt permit. hunts are 12 p.m. (noon) to 6:30 p.m. 2. You may possess only approved nontoxic 8. We prohibit discharge of weapons for any shot. purpose other than to take or attempt to B. Upland Game Hunting. We allow hunting take legal game animals during established of raccoon on designated areas of the refuge hunting seasons. subject to the following condition: We re- B. Upland Game Hunting. We allow hunting quire a refuge hunt permit. of quail, rabbit, raccoon, and opossum on C. Big Game Hunting. We allow hunting of designated areas of the refuge in accordance white-tailed deer on designated areas of the with State regulations subject to the fol- refuge subject to the following condition: We lowing conditions: require a refuge hunt permit. 1. Conditions A1 through A5 and A8 apply. D. Sport Fishing. We allow fishing, crab- 2. We require dogs for hunting raccoon and bing, and shell fishing on designated areas of opossum. All dogs must wear a collar dis- the refuge subject to State regulations and playing the owner’s name, address, and the following condition: Marsh Island, White phone number. Banks, and Bird Island are open from Sep- 3. Upland game hunters may possess shot- tember 15 through February 15. We close guns with shot no larger than No. 4 or .22 them the rest of the year to protect nesting caliber rimfire rifles or primitive muzzle- birds. loading rifles of .40 caliber or smaller. We prohibit possession of buckshot or slugs. CAROLINA SANDHILLS NATIONAL WILDLIFE 4. Upland game hunters using archery REFUGE equipment must use small game tips on the A. Migratory Game Bird Hunting. We allow arrows. hunting of mourning dove and woodcock on C. Big Game Hunting. We allow hunting of designated areas of the refuge in accordance white-tailed deer, turkey, and feral hog on

365

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.60 50 CFR Ch. I (10–1–06 Edition)

designated areas of the refuge in accordance markers. You may use painted clothes pins with State regulations subject to the fol- or clothes pins with reflective tape or tacks lowing conditions: attached, but you must remove them (see 1. All hunters must possess and carry a § 27.93 of this chapter) at the end of each signed refuge General Hunt Permit and a hunt. government-issued picture ID; however, in 12. Youth hunts are for hunters ages 10 addition, turkey hunters must have a Refuge through 15 only. We prohibit adults from dis- Quota Turkey Hunt Permit. Refuge Quota charging firearms during youth deer and tur- Turkey Hunt Permits are nontransferable. key hunts. 2. You must promptly check all deer and 13. The bag limit during each deer hunt is hog killed on the refuge during modern gun the State limit plus two antlerless deer and hunts at the Refuge Check Station on the unlimited hogs. day of the kill prior to removal from the ref- 14. We require you to field-dress or remove uge. You must promptly check all antlerless the deer whole prior to transportation in a deer killed on the refuge during the primi- vehicle or removing them from the refuge. tive weapons and archery hunts at the refuge 15. We prohibit the use of ATVs, except by office on the day of the kill prior to removal mobility-impaired hunters with a Special from the refuge. You must self-check all ant- Use Permit during big game hunts. Mobility- lered bucks and hogs at the Refuge Check impaired hunters must have a State Disabled Station during the primitive weapons and Hunting license, be confined to a wheelchair, archery hunts. In addition, you must have need mechanical aids to walk, or have com- all antlerless deer tagged by refuge staff plete single-or double-leg amputation. prior to removal from the refuge. You must 16. We prohibit turkey hunters from call- promptly check and tag all turkey killed on ing a turkey for another hunter unless both the refuge during the Refuge Quota Turkey hunters have Refuge Quota Turkey Hunt Hunt at the refuge office on the day of the Permits. kill prior to removal from the refuge. 17. We prohibit turkey hunting in the area 3. Conditions A3 through A5 apply. defined as east of Hwy. 145, south of Rt. 9, 4. During big game deer hunts, we prohibit and north of Hwy. 1. hunters from entering the refuge before 4 18. Turkey hunts end each day at 1 p.m., a.m., and they must leave the refuge no later and you must unload, case, or dismantle all than 2 hours after legal sunset. We will lock weapons (see § 27.42 of this chapter) after 1 gates 2 hours after legal sunset on the last p.m. day of each hunt. 19. During turkey hunts we only allow one 5. During refuge firearms deer hunts all weapon per hunter. participants must wear at least 500 square 20. The bag limit for the entire hunt is two inches (3,250 cm2) of unbroken, flourescent- bearded turkey. orange material above the waistline as an 21. We prohibit discharge of weapons (see outer garment visible while hunting and § 27.42(a) of this chapter) for any purpose while en route to and from hunting areas. other than to take or attempt to take legal 6. During the primitive weapons hunt, you game animals during established hunting may use bow and arrow, muzzleloading shot- seasons. guns (20 gauge or larger), or muzzleloading D. Sport Fishing. We allow fishing on all rifles (.40 caliber or larger). We prohibit re- areas of the refuge, except Martins Lake and volving rifles or black-powder handguns. those areas closed for management purposes, 7. During the modern gun hunts, you may in accordance with State regulations subject use shotguns, rifles (centerfire and larger to the following conditions: than .22 caliber), handguns (.357 caliber or 1. We allow fishing from 1 hour before legal larger and barrel length no less than 6 inches sunrise to 1 hour after legal sunset. [15 cm]), or any weapon allowed during the 2. We allow nonmotorized boats and boats primitive weapons hunt. We prohibit mili- with electric motors. We allow boats with tary, hard-jacketed bullets, and .22 caliber permanently mounted gas motors as long as rimfire rifles during the modern gun hunts. you lock the propeller out of the water. You 8. We prohibit driving deer. We define a must hand load and unload boats except at ‘‘drive’’ as an organized hunting technique designated boat ramps. We prohibit skidding involving two or more individuals attempt- boats up or down dams or on water control ing to drive game animals from cover or structures. We provide boat ramps at Pool D, habitat for the purpose of shooting, killing, Pool L, Honkers Lake, and Mays Lake. or moving such animals toward other hunt- 3. We allow bank fishing on all designated ers. waters. 9. You must identify deer stands used on 4. We prohibit bow fishing, fish baskets, the refuge with the hunter’s name, address, nets, set hooks, trotlines, or snagging de- and phone number. vices. 10. We prohibit the use of dogs for any big 5. We prohibit snagging of fish by pulling game hunting. or jerking any device equipped with one or 11. We prohibit the use of flagging or re- more hooks through the water for the pur- flective tape, paint, tacks, or other trail pose of impaling fish.

366

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.60

6. We prohibit swimming or wading in any license. One adult may supervise no more areas of the refuge. than one youth hunter. D. Sport Fishing. Fishing is permitted on PINCKNEY ISLAND NATIONAL WILDLIFE REFUGE designated areas of the refuge subject to the A. Migratory Game Bird Hunting. [Reserved] following conditions: B. Upland Game Hunting. [Reserved] 1. Fishing is permitted year-round. C. Big Game Hunting. We allow hunting of 2. Fishing is only permitted from boats, white-tailed deer on designated areas of the into the estuarine waters adjacent to the ref- refuge in accordance with State regulations uge. subject to the following conditions: 1. You must have a signed refuge permit on SANTEE NATIONAL WILDLIFE REFUGE your person at all times. We require pay- A. Migratory Game Bird Hunting. We allow ment of a fee for the quota gun hunt. You hunting of mourning doves on designated may obtain information about the quota areas of the refuge subject to the following hunt drawing at the refuge headquarters in condition: We require a refuge permit. Savannah, Georgia. We allow hunting 2. Hunters must check-in at the designated B. Upland Game Hunting. check station between 4 a.m. and 5 a.m. and on designated areas of the refuge subject to park in the designated area prior to hunting. the following condition: We require a refuge We require personal identification at check- permit. in. C. Big Game Hunting. We allow hunting of 3. Any movement within the refuge must white-tailed deer on designated areas of the be by foot or bicycle. We limit entry and exit refuge subject to the following condition: We points for authorized motor vehicles to des- require a refuge permit. ignated check stations or other specified D. Sport Fishing. Fishing is permitted on areas (see § 27.31 of this chapter). We prohibit designated areas of the refuge subject to the entry by boat, and we prohibit hunters to following conditions: leave by boat to reach other parts of the is- 1. Fishing is permitted on inland ponds land. only from sunrise to sunset or as posted. 4. We require hunters to wear an outer gar- 2. Fishing is permitted in Cantey Bay, ment that contains a minimum of 500 square Black Bottom, Savannah Branch and refuge inches (3,250 cm2) of hunter-orange material ponds and impoundments from March 1 above the waistline. through October 31. 5. We prohibit participating in organized drives for deer. SAVANNAH NATIONAL WILDLIFE REFUGE 6. Each hunter may place one stand on the A. Migratory Game Bird Hunting. We allow refuge during the week (Monday through hunting of duck and coot on designated areas Friday only) preceding the hunt. You must north of South Carolina Highway 170 of the remove all stands (see § 27.93 of this chapter) refuge in accordance with State regulations at the end of the hunt. subject to the following conditions: 7. We prohibit camping on the refuge. 1. You must possess and carry a signed ref- 8. We only allow shotguns, 20 gauge or larg- uge permit at all times while hunting on the er, with slugs. refuge. Permits and general hunting infor- 9. If you are a hunter on the refuge, you mation are available at the refuge head- must be in your stand from 1⁄2 hour before legal sunrise until 9 a.m. and from 2 hours quarters in Savanna, Georgia. before legal sunset until legal sunset. 2. We only allow temporary blinds. You 10. We prohibit hunting closer than 100 must remove decoys and other personal prop- yards (90 m) to U.S. Highway 278 or the erty (see § 27.93 of this chapter) from the ref- check station area, or closer than 200 yards uge daily. (180 m) to the residence area. 3. We prohibit hunting within 100 yards (90 11. We prohibit flagging, blazing, or using m) of South Carolina Highway 170. other trail-marking devices to locate stands B. Upland Game Hunting. We allow hunting or for any other purpose. of squirrel November 1 through November 30 12. Refuge personnel must check deer har- on designated areas of the refuge in accord- vested during a scheduled hunt before hunt- ance with State regulations subject to the ers leave the refuge. following conditions: 13. You may take five deer (no more than 1. You must possess and carry a signed ref- four antlerless). uge permit at all times while hunting on the 14. We close the refuge to the public on refuge. Permits and hunt information are hunt days. available at the refuge headquarters in Sa- 15. Hunters age 15 and younger must pos- vannah, Georgia. sess and carry a valid hunter education card 2. We only allow .22 caliber rimfire rifles or in order to hunt. shotguns with #2 shot or smaller for squirrel 16. Youth hunters age 15 and younger must hunting. remain within sight and normal voice con- 3. We prohibit handguns. tact of an adult age 21 or older, possessing a 4. We prohibit dogs.

367

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.60 50 CFR Ch. I (10–1–06 Edition)

5. You may take feral hog with weapons 2. Each youth hunter (age 15 and under) legal for this hunt (no bag limit). must remain within sight and normal voice 6. We require a big game license. contact and under supervision of an adult 7. We require hunters to wear a visible age 21 or older. Youth hunters must have outer garment that contains a minimum of successfully completed a State-approved 500 square inches (3,250 cm2) of hunter-orange hunter education course. material above the waistline (except during 3. We only allow waterfowl hunting until 12 the archery-only deer hunt, the turkey hunt, p.m. (noon) each Saturday during the State and the waterfowl hunt. waterfowl season. Hunters may enter the ref- C. Big Game Hunting. We allow hunting of uge no earlier that 5 a.m. on hunt days and white-tailed deer, turkey, and feral hog on must be off the refuge by 2 p.m. designated areas of the refuge in accordance 4. We allow scouting Monday through Fri- with State regulations subject to the fol- day during the waterfowl season. We prohibit lowing conditions: possession of a firearm by anyone scouting. 1. Hunters must possess and carry a signed You must be off the refuge by 2 p.m. refuge permit at all times. We require pay- 5. You may only possess approved nontoxic ment of a fee for the wheelchair-dependent shot (see § 32.2(k)) while hunting all species hunters’ quota gun hunt for deer. Permits, of migratory birds on the refuge. quota hunt applications, and information 6. We require permanent blinds. You must about the quota hunt drawing are available remove portable blinds and decoys (see § 27.93 at the refuge headquarters in Savannah, of this chapter) at the end of each day. Georgia. 7. We only allow use of retrieving dogs 2. We allow archery hunting for deer and while hunting. hog from October 1 through October 31 on 8. We do not require hunter check-in and designated areas. check out. There is no quota on the number 3. We only authorize bows for deer/hog of hunters. hunting during the archery hunt. 9. We prohibit discharge of weapons (see 4. We allow gun hunting for deer and hog § 27.42(a) of this chapter) for any purpose during the archery hunt. other than to take or attempt to take legal 5. We only allow shotguns with slugs, game animals during established hunting muzzleloaders, and bows for deer and hog seasons. 10. We prohibit hunting on any unit for hunting throughout the designated hunt wildlife other than that which is officially area. However, we only allow centerfire rifles opened and posted or entering any areas of .22 caliber or larger north of Interstate posted as ‘‘Closed’’ or ‘‘No Hunting Zones’’. Highway 95. We prohibit handguns. B. Upland Game Hunting. We allow hunting 6. You may take five deer, no more than of gray squirrel, raccoon, and opossum on three antlerless and two antlered. There is designated areas of the refuge in accordance no bag limit on feral hogs. with State regulations subject to the fol- D. Sport Fishing. We allow fishing on des- lowing conditions: ignated areas of the refuge in accordance 1. Conditions A1, A2, A9, and A10 apply. with State regulations subject to the fol- 2. We only allow hunting on days des- lowing conditions: ignated annually by the refuge within the 1. We allow fishing in refuge impound- State season. We only allow upland game ments and canals from March 1 through No- hunting on designated Refuge areas within vember 30 annually. Refuge Unit 1. 2. We allow fishing in Kingfisher Pond 3. You may only possess approved nontoxic year-round. shot (see § 32.2(k)) in shotguns. We allow .22 3. We allow fishing from legal sunrise to caliber rimfire rifles. legal sunset. 4. We prohibit squirrel hunting from a boat 4. We allow fishing year-round in the ca- or other water conveyance on the refuge. nals adjacent to the wildlife drive. C. Big Game Hunting. We allow hunting of 5. Anglers may only use nonmotorized white-tailed deer, feral hog, and turkey on boats and boats with electric motors within designated areas of the refuge in accordance impounded water. with State regulations subject to the following conditions: WACCAMAW NATIONAL WILDLIFE REFUGE 1. Conditions A1, A2, A9, and A10 apply. A. Migratory Game Bird Hunting. We allow 2. We only allow hunting on days des- hunting of duck, goose, coot, and snipe on ignated annually by the refuge within the designated areas of the refuge in accordance State season. with State regulations subject to the fol- 3. We close refuge hunting areas to the lowing conditions: general public during big game hunts. 1. Hunters must possess and carry at all 4. We allow archery, muzzleloading (black times while hunting a signed, current refuge powder) and centerfire rifles, and shotguns. hunting regulations brochure containing a 5. We prohibit crossbows, blow guns, and refuge hunt permit. The hunt permit is in- drugged arrows (see § 32.2(g)). We only allow valid until signed by the hunter. muzzleloading rifles using a single projectile

368

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.61

on the muzzleloader hunts. We prohibit sess, and carry a Refuge Turkey Hunt Permit buckshot, .22 caliber rimfire, and full-metal at all times during the hunt. jacketed military ammunition. 20. We prohibit turkey hunters from call- 6. Access into all refuge hunt areas for ing a turkey for another hunter unless both hunting and scouting is by foot or boat. We hunters have Refuge Turkey Hunt Permits. may open some refuge roads on hunt days. 21. We prohibit turkey hunting in Refuge We prohibit ATVs (see § 27.31(f) of this chap- Units 2 and 3. ter) and air boats on the refuge. 22. Turkey hunts begin each day at legal 7. We allow scouting all year during day- sunrise and end each day at 1 p.m., and you light hours except during the State water- must unload and case or dismantle all weap- fowl season. During the waterfowl season, ons (see § 27.42 of this chapter) after 1 p.m. the same regulations that apply to scouting 23. During turkey hunts we only allow one for waterfowl (A4), apply to scouting for big weapon per hunter. game species. 24. The bag limit for the entire hunt is one 8. Hunters may enter the refuge no earlier bearded turkey. than 5 a.m. on hunt days and must leave the D. Sport Fishing. We allow fishing in ac- refuge no later than 1 hour after legal sun- cordance with State regulations. set. [58 FR 5064, Jan. 19, 1993, as amended at 58 9. We do not require hunter check-in and FR 29076, May 18, 1993; 58 FR 29085, May 18, check out. 1993; 59 FR 6698, Feb. 11, 1994; 59 FR 55188, 10. The refuge limit on deer is one antlered Nov. 3, 1994; 60 FR 62047, Dec. 4, 1995; 63 FR buck per refuge hunt. Hunters can harvest an 46921, Sept. 3, 1998; 65 FR 30791, May 12, 2000; additional two antlerless deer per hunt dur- 65 FR 56408, Sept. 18, 2000; 66 FR 46361, Sept. ing coinciding State doe days. 4, 2001; 67 FR 58949, Sept. 18, 2002; 69 FR 54362, 11. You may take feral hogs during refuge 54449, Sept. 8, 2004; 70 FR 54190, Sept. 13, 2005] deer hunts. There is no size or bag limit on hog. We may offer special hog hunts during § 32.61 South Dakota. and after deer season to further control this invasive species. You must dispatch all feral The following refuge units have been hogs before removing them from the refuge. opened for hunting and/or fishing, and 12. We prohibit hunting on or within 100 are listed in alphabetical order with feet (30 m) of all routes marked as roads or applicable refuge-specific regulations. trails (see § 27.31 of this chapter) on the hunt brochure map. HURON WETLAND MANAGEMENT DISTRICT 13. You must hunt deer and feral hog from A. Migratory Game Bird Hunting. We allow an elevated deer stand. We prohibit shooting migratory game bird hunting on Waterfowl a hog from a boat. Production Areas throughout the District in 14. We only allow one portable tree stand accordance with State regulations subject to per hunter and only during the actual days the following condition: You must remove of each hunt. You must remove deer stands boats, decoys, portable blinds, other personal (see § 27.93 of this chapter) from the refuge no property, and any materials brought onto later than 3 days after each refuge big game the area for blind construction by the end of hunt. each day (see §§ 27.93 and 27.94 of this chap- 15. We allow use of flagging to make the ter). We prohibit bringing any type of live or site of hunter entry from roads or trails and dead vegetation onto the refuge for any pur- again at the stand site. We allow use of pose at any time. clothes pins with reflective tape between B. Upland Game Hunting. We allow upland these sites to make the route to the stand. game hunting on Waterfowl Production Hunters must label all such markers with Areas throughout the District in accordance their full name and remove them (see § 27.93 with State regulations subject to the fol- of this chapter) at the end of the hunt. lowing condition: We prohibit the use of 16. We require hunters to wear an outer horses for any purpose. garment visible above the waist that con- C. Big Game Hunting. We allow big game tains a minimum of 500 square inches (3,250 hunting on Waterfowl Production Areas cm2) of solid, flourescent-orange material at throughout the District in accordance with all times during big game hunts except for State regulations subject to the following turkey. conditions: 17. We prohibit the use of organized drives, 1. We allow hunters to leave portable tree including the use of boats, as an aid in the stands and free-standing elevated platforms taking or attempting to take big game spe- on Waterfowl Production Areas from the cies. first Saturday after August 25 through Feb- 18. We prohibit distribution of bait or ruary 15. hunting over a baited area (see § 32.2(h)). 2. You must label portable tree stands and 19. We limit turkey hunts to annual quota free-standing elevated platforms with your hunts. We will select hunters by a random name and address or current hunting license drawing. Selected hunters must sign, pos- number so it is legible from the ground.

369

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.61 50 CFR Ch. I (10–1–06 Edition)

3. We prohibit the use of horses for any 5. We restrict fishing to 1⁄2 hour before purpose. legal sunrise and to 1⁄2 hour after legal sunset 4. You must remove portable ground blinds on all refuge waters open to fishing, except and other personal property by the end of the Little White River Recreation Area. each day (see §§ 27.93 and 27.94 of this chapter). LAKE ANDES WETLAND MANAGEMENT DISTRICT D. Sport Fishing. We allow sport fishing on A. Migratory Game Bird Hunting. We allow Waterfowl Production Areas throughout the migratory game bird hunting on Waterfowl District in accordance with State regula- Production Areas throughout the District in tions subject to the following condition: You accordance with State regulations subject to must remove boats, motor vehicles, fishing the following condition: You must remove equipment, and other personal property (ex- boats, decoys, portable blinds, other personal cluding ice houses) by the end of each day property, and any materials brought onto (see §§ 27.93 and 27.94 of this chapter). the area for blind construction by the end of each day (see §§ 27.93 and 27.94 of this chap- LACREEK NATIONAL WILDLIFE REFUGE ter). We prohibit bringing any type of live or A. Migratory Game Bird Hunting. We allow dead vegetation onto the refuge for any pur- hunting of goose, duck, coot, common snipe, pose at any time. sandhill crane, American crow, and mourn- B. Upland Game Hunting. We allow upland ing dove on designated areas of the refuge in game hunting on Waterfowl Production accordance with State regulations subject to Areas throughout the District in accordance the following condition: We only allow hunt- with State regulations subject to the fol- ing of migratory game birds on the Little lowing condition: We prohibit the use of White River Recreation Area. horses for any purpose. B. Upland Game Hunting. We allow hunting C. Big Game Hunting. We allow big game of cock ring-necked pheasant and sharptail hunting on Waterfowl Production Areas grouse on designated areas of the refuge in throughout the District in accordance with accordance with State regulations subject to State regulations subject to the following the following conditions: conditions: 1. You must possess and carry a refuge per- 1. We allow hunters to leave portable tree mit on all areas, except the Little White stands and free-standing elevated platforms River Recreation Area. on Waterfowl Production Areas from the 2. We prohibit hunting with the aid of a first Saturday after August 25 through Feb- motor vehicle. No person may discharge a ruary 15. firearm within 1⁄2 mile (.8 km) of any motor 2. You must label portable tree stands and vehicle available for his/her transportation free-standing elevated platforms with your unless that motor vehicle is parked in a des- name and address or current hunting license ignated parking area. number so it is legible from the ground. C. Big Game Hunting. We allow hunting of 3. We prohibit the use of horses for any white-tailed and mule deer on designated purpose. areas of the refuge in accordance with State 4. You must remove portable ground blinds regulations subject to the following condi- and other personal property by the end of tions: each day (see §§ 27.93 and 27.94 of this chap- 1. We require a State permit for muzzle- ter). loader deer hunting. D. Sport Fishing. We allow sport fishing on 2. You must possess and carry a refuge per- Waterfowl Production Areas throughout the mit for archery deer hunting. District in accordance with State regula- 3. Condition B2 applies. tions subject to the following condition: You D. Sport Fishing. We allow fishing on des- must remove boats, motor vehicles, fishing ignated areas of the refuge in accordance equipment, and other personal property (ex- with State regulations subject to the fol- cluding ice houses) by the end of each day lowing conditions: (see §§ 27.93 and 27.94 of this chapter). 1. We only allow fishing on Pools 3, 4, 7, 10, MADISON WETLAND MANAGEMENT DISTRICT the Little White River Recreation Area, and Cedar Creek Trout Ponds 2 and 3. A. Migratory Game Bird Hunting. We allow 2. We allow boats with motors on all areas migratory game bird hunting on Waterfowl open to fishing, except the Trout Ponds. Production Areas throughout the District in 3. No person may violate the ‘‘no-wake accordance with State regulations subject to zone’’ that includes all waters within 500 feet the following condition: You must remove (150 m) of the shoreline or emergent marsh boats, decoys, portable blinds, other personal vegetation on any refuge pool, except the property, and any materials brought onto Little White River Recreation Area. the area for blind construction by the end of 4. We prohibit the use or possession of live each day (see §§ 27.93 and 27.94 of this chap- minnows or bait fish on all waters of the ref- ter). We prohibit bringing any type of live or uge except the Little White River Recreation dead vegetation onto the refuge for any pur- Area. pose at any time.

370

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.61

B. Upland Game Hunting. We allow upland cordance with State regulations subject to game hunting on Waterfowl Production the following conditions: Areas throughout the District in accordance 1. Only firearms deer hunters with a Sand with State regulations subject to the fol- Lake refuge permit (you must possess and lowing condition: We prohibit the use of carry) may hunt deer on the refuge. horses for any purpose. 2. Hunters with a valid State archery li- C. Big Game Hunting. We allow big game cense may hunt on the refuge during the es- hunting on Waterfowl Production Areas tablished refuge archery deer season. Consult throughout the District in accordance with the refuge manager for current season dates. State regulations subject to the following 3. All individuals afield during the refuge conditions: firearms deer season must wear a minimum 1. We allow hunters to leave portable tree of 400 square inches (2,600 cm2) of solid fluo- stands and free-standing elevated platforms rescent orange material on the head, chest, on Waterfowl Production Areas from the and back that must be visible at all times. first Saturday after August 25 through Feb- 4. We allow portable, elevated hunting ruary 15. platforms not attached to trees and portable 2. You must label portable tree stands and ground blinds, but they must bear the name free-standing elevated platforms with your and address of the owner or user or the year name and address or current hunting license and big game tag number of the owner or number so it is legible from the ground. user. The labeling must be readily visible 3. We prohibit the use of horses for any and legible. purpose. 5. Beginning the Saturday after August 25 4. You must remove portable ground blinds licensed archery deer hunters and firearms and other personal property by the end of deer hunters holding refuge permits (you each day (see §§ 27.93 and 27.94 of this chap- must possess and carry) may place tree stands, elevated platforms, and portable ter). ground blinds on the refuge. Hunters must D. Sport Fishing. We allow sport fishing on remove all such devices (see § 27.93 of this Waterfowl Production Areas throughout the chapter) by February 15. District in accordance with State regula- 6. Deer hunters may enter the refuge 1 tions subject to the following condition: You hour before legal shooting time and remain must remove boats, motor vehicles, fishing no longer than 1 hour after shooting time equipment, and other personal property (ex- ends. cluding ice houses) by the end of each day 7. Refuge access is ‘‘walk-in’’ only. We (see §§ 27.93 and 27.94 of this chapter). allow vehicles on designated refuge roads SAND LAKE NATIONAL WILDLIFE REFUGE ONLY for retrieving harvested deer and ONLY during the following times: 9:30–10 A. Migratory Game Bird Hunting. We allow a.m., 1:30–2 p.m., and from the end of legal hunting of waterfowl on designated portions shooting time to 1 hour after the end of of the refuge in accordance with State regu- shooting time (see § 27.31 of this chapter). lations subject to the following conditions: 8. We restrict vehicle parking to des- 1. We allow hunters to use the spaced pe- ignated parking lots in the vicinity of the rimeter blinds on a first-come, first-served waterfowl blind areas (see § 27.31 of this chap- basis located along those posted sections of ter). road right-of-way closed to hunting. 9. We prohibit bicycles, snowmobiles, and 2. We restrict vehicle parking to des- all-terrain vehicles at all times (see § 27.31(f) ignated parking lots in the vicinity of the of this chapter). waterfowl blind areas (see § 27.31 of this chap- D. Sport Fishing. We allow sport fishing on ter). designated areas of the refuge in accordance 3. Unarmed waterfowl hunters on the pe- with State regulations subject to the fol- rimeter of the refuge may retrieve downed lowing conditions: waterfowl up to 100 yards (90 m) inside the 1. Fishing hours are 1⁄2 hour before legal refuge boundary. sunrise to 1⁄2 hour after legal sunset. B. Upland Game Hunting. We allow hunting 2. We prohibit motorized vehicles on the of pheasant, sharp-tailed grouse, and par- ice during winter (see § 27.31 of this chapter). tridge on designated portions of the refuge in 3. We allow ice fishing shanties, but an- accordance with State regulations subject to glers must remove them (see § 27.93 of this the following conditions: chapter) daily. 1. The game bird season begins the Monday 4. We prohibit open fires (see § 27.95 of this following closure of the refuge firearms deer chapter). season and continues through December 31. SAND LAKE WETLAND MANAGEMENT DISTRICT 2. Refuge access is ‘‘walk-in’’ only. We prohibit motor vehicles, bicycles, snowmobiles, A. Migratory Game Bird Hunting. We allow and all-terrain vehicles (see § 27.31(f) of this migratory game bird hunting on Waterfowl chapter). Production Areas throughout the District in C. Big Game Hunting. We allow hunting of accordance with State regulations subject to deer on designated areas of the refuge in ac- the following condition: You must remove

371

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.61 50 CFR Ch. I (10–1–06 Edition)

boats, decoys, portable blinds, other personal solid flourescent-orange material visible on property, and any materials brought onto the head, chest, and back. the area for blind construction by the end of D. Sport Fishing. We allow fishing on des- each day (see §§ 27.93 and 27.94 of this chap- ignated areas of the refuge in accordance ter). We prohibit bringing any type of live or with State regulations subject to the fol- dead vegetation onto the refuge for any pur- lowing conditions: pose at any time. 1. We allow ice fishing after refuge firearm B. Upland Game Hunting. We allow upland deer seasons close. We prohibit open water game hunting on Waterfowl Production Areas throughout the District in accordance fishing at any time. with State regulations subject to the fol- 2. Anglers must not be on the ice until 1 lowing condition: We prohibit the use of hour prior to legal sunrise and must be off horses for any purpose. the ice by 1 hour after legal sunset. C. Big Game Hunting. We allow big game 3. Anglers must remove ice shacks (see hunting on Waterfowl Production Areas § 27.93 of this chapter) daily prior to closed throughout the District in accordance with fishing hours. State regulations subject to the following 4. We restrict angler foot travel to posted conditions: access points, public roads, and lake ice. 1. We allow hunters to leave portable tree stands and free-standing elevated platforms WAUBAY WETLAND MANAGEMENT DISTRICT on Waterfowl Production Areas from the first Saturday after August 25 through Feb- A. Migratory Game Bird Hunting. We allow ruary 15. migratory game bird hunting on Waterfowl 2. You must label portable tree stands and Production Areas throughout the District in free-standing elevated platforms with your accordance with State regulations subject to name and address or current hunting license the following condition: You must remove number so it is legible from the ground. boats, decoys, portable blinds, other personal 3. We prohibit the use of horses for any property, and any materials brought onto purpose. the area for blind construction by the end of 4. You must remove portable ground blinds each day (see §§ 27.93 and 27.94 of this chap- and other personal property by the end of ter). We prohibit bringing any type of live or each day (see §§ 27.93 and 27.94 of this chap- dead vegetation onto the refuge for any pur- ter). pose at any time. D. Sport Fishing. We allow sport fishing on Waterfowl Production Areas throughout the B. Upland Game Hunting. We allow upland District in accordance with State regula- game hunting on Waterfowl Production tions subject to the following condition: You Areas throughout the District in accordance must remove boats, motor vehicles, fishing with State regulations subject to the fol- equipment, and other personal property (ex- lowing condition: We prohibit the use of cluding ice houses) by the end of each day horses for any purpose. (see §§ 27.93 and 27.94 of this chapter). C. Big Game Hunting. We allow big game hunting on Waterfowl Production Areas WAUBAY NATIONAL WILDLIFE REFUGE throughout the District in accordance with A. Migratory Game Bird Hunting. [Reserved] State regulations subject to the following B. Upland Game Hunting. [Reserved] conditions: C. Big Game Hunting. We allow deer hunt- 1. We allow hunters to leave portable tree ing on designated areas in accordance with stands and free-standing elevated platforms State regulations subject to the following on Waterfowl Production Areas from the conditions: first Saturday after August 25 through Feb- 1. We prohibit deer hunting on Head- ruary 15. quarters Island. 2. We prohibit erecting tree stands prior to 2. You must label portable tree stands and hunt start dates. Hunters must remove them free-standing elevated platforms with your (see § 27.93 of this chapter) by the end of the name and address or current hunting license hunt. number so it is legible from the ground. 3. Hunters may launch nonmotorized 3. We prohibit the use of horses for any watercraft from designated access points to purpose. travel to islands. 4. You must remove portable ground blinds 4. We close archery seasons during refuge and other personal property by the end of firearm seasons. each day (see §§ 27.93 and 27.94 of this chap- 5. We prohibit deer drives during archery ter). seasons. We define a drive as the act of chas- D. Sport Fishing. We allow sport fishing on ing, pursuing, disturbing, or otherwise di- Waterfowl Production Areas throughout the recting deer so as make the animals more District in accordance with State regula- susceptible to harvest by another hunter. tions subject to the following condition: You 6. Refuge firearm hunters must wear a must remove boats, motor vehicles, fishing minimum of 400 square inches (2,600 cm2) of

372

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.62

equipment, and other personal property (ex- C. Big Game Hunting. We allow hunting of cluding ice houses) by the end of each day white-tailed deer and turkey on designated (see §§ 27.93 and 27.94 of this chapter). areas of the refuge in accordance with State regulations subject to the following condi- [58 FR 5064, Jan. 19, 1993, as amended at 60 tions: FR 62047, Dec. 4, 1995; 62 FR 47381, Sept. 9, 1. Conditions A1 through A3, and A7 1997; 65 FR 30791, May 12, 2000; 65 FR 56408, through A8 (each adult may supervise only Sept. 18, 2000; 66 FR 46361, Sept. 4, 2001; 69 FR one youth hunter) apply. 54362, 54452, Sept. 8, 2004; 69 FR 55995, Sept. 2. You may only participate in the refuge 17, 2004; 70 FR 54190, Sept. 13, 2005] turkey hunts with a special quota permit issued through a random drawing. You may § 32.62 Tennessee. obtain information for permit applications The following refuge units have been at the refuge headquarters. opened for hunting and/or fishing, and 3. You may only possess approved nontoxic shot (see § 32.2(k)) while hunting turkey. are listed in alphabetical order with 4. We only allow the use of portable blinds applicable refuge-specific regulations. and tree stands on the refuge. You must remove blinds, tree stands, and all other per- CHICKASAW NATIONAL WILDLIFE REFUGE sonal equipment (see §§ 27.93 and 27.94 of this A. Migratory Game Bird Hunting. We allow chapter) from the refuge at the end of each hunting of duck, goose, coot, merganser, day’s hunt. mourning dove, woodcock, and snipe on des- D. Sport Fishing. We allow sport fishing on ignated areas of the refuge in accordance designated areas of the refuge in accordance with State regulations subject to the fol- with State regulations subject to the following conditions: lowing conditions: 1. The refuge is a day-use area only, with 1. We only allow fishing from legal sunrise the exception of legal hunting/fishing activi- to legal sunset. ties. 2. We only allow fishing with pole and line 2. We prohibit the use of motorized off-road or rod and reel. vehicles (e.g., ATVs) on the refuge (see 3. We prohibit possession of unauthorized § 27.31(f) of this chapter). fishing gear, including trotlines, limblines, juglines, yo-yos, nets, spears, and snag 3. You must possess and carry a signed ref- hooks, while fishing on the refuge. uge permit and report game taken as speci- 4. We allow the use of bow and arrow or a fied within the permit. gig to take nongame fish on refuge waters. 4. Legal hunting hours for duck, goose, 5. We prohibit taking frog or turtle on the 1 coot, and merganser are ⁄2 hour before legal refuge (see § 27.21 of this chapter). sunrise to 12 p.m. (noon) 5. Mourning dove, woodcock, and snipe sea- CROSS CREEKS NATIONAL WILDLIFE REFUGE sons close during all firearms and muzzle- A. Migratory Game Bird Hunting. We allow loader deer seasons. hunting of Canada geese (September season 6. You may only use portable blinds, and only) on designated areas of the refuge in ac- you must remove all boats, blinds, and de- cordance with State regulations subject to coys (see § 27.93 of this chapter) from the ref- the following conditions: uge by 1 p.m. daily. 1. The refuge is a day-use area only, with 7. We allow hunters to access the refuge no the exception of legal hunting/fishing activi- more than 2 hours before legal sunrise and ties. no more than 2 hours after legal sunset. 2. You must possess and carry a valid ref- 8. Each youth hunter (under age 16) must uge permit while hunting on the refuge. remain within sight and normal voice con- 3. We set and publish season dates and bag tact and under supervision of an adult age 21 limits annually in the refuge Public Use Reg- or older. One adult hunter may supervise no ulations available at the refuge office. more than two youth hunters. 4. We prohibit hunting within 50 yards (45 B. Upland Game Hunting. We allow hunting m) of any building, public use road, or boat of squirrel, rabbit, quail, raccoon, and opos- launching ramp. sum on designated areas of the refuge in ac- 5. We allow hunters access to the refuge cordance with State regulations subject to from 11⁄2 hours before legal sunrise to 11⁄2 the following conditions: hours after legal sunset. 1. Conditions A1 through A3, and A7 6. We prohibit the use of motorized off-road through A8 apply. vehicles (e.g., ATVs) on the refuge. 2. Spring squirrel season is closed on the 7. We prohibit the use of horses or other refuge. animal conveyances on refuge hunts. 3. Squirrel, rabbit, and quail seasons close 8. Youth hunters under age 16 must remain during all firearms and muzzleloader deer in sight and normal voice contact with an seasons. adult hunter age 21 or older. One adult 4. We allow hunting for raccoon and opos- hunter may supervise no more than two sum from legal sunset to legal sunrise. youth hunters.

373

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.62 50 CFR Ch. I (10–1–06 Edition)

9. We allow the use of dogs to retrieve with State regulations subject to the fol- geese. lowing conditions: 10. You may use only portable blinds, and 1. The refuge is a day-use area only, with you must remove all boats, blinds, and de- the exception of legal hunting/fishing activi- coys from the refuge at the end of each day. ties. B. Upland Game Hunting. We allow hunting 2. We prohibit the use of motorized off-road of squirrel on designated areas of the refuge vehicles (e.g., ATVs) on the refuge (see in accordance with State regulations subject § 27.31(f) of this chapter). to the following conditions: 3. You must possess and carry a signed ref- 1. The refuge is a day-use area only, with uge permit and report game taken as speci- the exception of legal hunting/fishing activi- fied within the permit. ties. 4. We only allow waterfowl hunting on 2. You must possess and carry a valid ref- Tuesdays, Thursdays, and Saturdays. Legal uge permit while hunting on the refuge. hunting hours for duck, goose, coot, and 3. We set and publish season dates and bag merganser are 1⁄2 hour before legal sunrise to limits annually in the refuge public use regu- 12 p.m. (noon). lations available at the refuge office. 5. Mourning dove, woodcock, and snipe sea- 4. We prohibit hunting within 50 yards (45 sons close during all firearms and muzzle- m) of any building, public use road, or boat loader deer seasons. launching ramp. 6. We allow only portable blinds, and hunt- 5. We allow hunters access to the refuge ers must remove all boats, blinds, and decoys from 11⁄2 hours before legal sunrise to 11⁄2 (see §§ 27.93 and 27.94 of this chapter) from hours after legal sunset. the refuge by 1 p.m. daily. 6. We prohibit the use of motorized off-road 7. We allow hunters to access the refuge no vehicles (e.g., ATVs) on the refuge (see more than 2 hours before legal sunrise, and § 27.31(f) of this chapter). they must leave the refuge no more than 2 7. We prohibit the use of horses or other hours after legal sunset. animal conveyances on refuge hunts. 8. Each youth hunter (under age 16) must 8. Each youth hunter (under age 16) must remain within sight and normal voice con- remain within sight and normal voice contact of an adult (age 21 or older). tact of an adult age 21 or older. One adult B. Upland Game Hunting. We allow hunting hunter may supervise no more than two of squirrel, rabbit, quail, raccoon, and opos- youth hunters. sum on designated areas of the refuge in ac- 9. We do not open for spring squirrel hunt- cordance with State regulations subject to ing. the following conditions: C. Big Game Hunting. We allow the hunting 1. Conditions A1 through A3 and A7 of white-tailed deer and turkey on des- through A8 apply. ignated areas of the refuge in accordance 2. Spring squirrel season is closed on the with State regulations subject to the fol- refuge. lowing conditions: 3. Squirrel, rabbit, and quail seasons close 1. Conditions B1 through B8 (one adult during all firearms and muzzleloader deer hunter may supervise no more than one seasons. youth hunter) apply. 4. Hunting hours for raccoon and opossum 2. We only allow the use of portable blinds are legal sunset to legal sunrise. and tree stands on the refuge. You must re- C. Big Game Hunting. We allow hunting of move blinds, tree stands, and all other per- white-tailed deer and turkey on designated sonal equipment (see § 27.93 of this chapter) areas of the refuge in accordance with State from the refuge at the end of each day. regulations subject to the following condi- D. Sport Fishing. We allow fishing on des- tions: ignated areas of the refuge in accordance 1. Conditions A1 through A3, A7, and A8 with State regulations subject to the fol- (each adult may supervise only one youth lowing conditions: hunter) apply. 1. We allow fishing on refuge pools and res- 2. You may only participate in the refuge ervoirs from March 16 through November 14 deer gun hunts with a special quota permit from legal sunrise to legal sunset. issued through random drawing. Information 2. We prohibit bows and arrows, trotlines, for permit applications and season dates is limblines, jugs, and slat baskets in refuge available at the refuge headquarters. pools and reservoirs. 3. You may only possess approved nontoxic 3. We prohibit taking of frog and turtle on shot (see § 32.2(k)) while hunting turkey. the refuge (see § 27.21 of this chapter). 4. We only allow the use of portable blinds 4. We prohibit leaving boats unattended on and tree stands on the refuge. You must re- the refuge. move blinds, tree stands, and all other personal equipment (see §§ 27.93 and 27.94 of this HATCHIE NATIONAL WILDLIFE REFUGE chapter) from the refuge at the end of each A. Migratory Game Bird Hunting. We allow day’s hunt. hunting of migratory game birds on des- 5. We allow archery-only hunting between ignated areas of the refuge in accordance State Highway 76 and Interstate 40.

374

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.62

6. We only allow archery hunting the first 2. We only allow the use of portable blinds 16 days of the State season. and tree stands on the refuge. You must re- 7. We are closed to Youth-Deer hunting. move blinds, tree stands, and all other per- D. Sport Fishing. We allow sport fishing on sonal equipment (see § 27.93 of this chapter) designated areas of the refuge in accordance from the refuge at the end of each day. with State regulations subject to the fol- D. Sport Fishing. We allow fishing on the lowing conditions: refuge in accordance with State regulations 1. Conditions A1 and A2 apply. subject to the following conditions: 2. We only allow fishing with pole and line 1. We open all waters of Lake Isom to fish- or rod and reel. ing only from March 16 through November 14 3. We prohibit possession of unauthorized from legal sunrise to legal sunset. fishing gear, including trotlines, limblines, 2. We only allow boats with electric or out- juglines, yo-yos, nets, spears, and snag board motors of 10 hp or less. hooks, while fishing on the refuge. 3. We prohibit taking frog or turtle from 4. We allow use of a bow and arrow or gig refuge waters (see § 27.21 of this chapter). to take nongame fish on refuge waters. 5. We prohibit taking frog or turtle on the LOWER HATCHIE NATIONAL WILDLIFE REFUGE refuge (see § 27.21 of this chapter). A. Migratory Game Bird Hunting. We allow 6. We seasonally close the sanctuary areas hunting of duck, goose, coot, merganser, of the refuge to the public November 15 mourning dove, woodcock, and snipe on des- through March 15. ignated areas of the refuge in accordance 7. We open Oneal Lake for fishing during a with State regulations subject to the fol- restricted season and for authorized special lowing conditions: events. Information on event and season 1. The refuge is a day-use area only with dates is available at the refuge headquarters. the exception of legal hunting/fishing activi- 8. You must immediately release all ties. largemouth bass under 14 inches (30 cm) in 2. We prohibit the use of motorized off-road length on Goose and Quail Hollow Lakes. vehicles (e.g., ATVs) on the refuge (see 9. We allow the use of nonmotorized boats § 27.31(f) of this chapter). and boats with electric motors only. 3. You must possess and carry a signed ref- 10. We only allow bank fishing on Goose uge permit and report game taken as speci- Lake. fied within the permit. 4. Legal hunting hours for duck, goose, LAKE ISOM NATIONAL WILDLIFE REFUGE coot, and merganser are 1⁄2 hour before legal A. Migratory Game Bird Hunting. [Reserved] sunrise to 12 p.m. (noon). B. Upland Game Hunting. We allow hunting 5. Mourning dove, woodcock, and snipe sea- of squirrel and raccoon on the refuge in ac- sons close during all firearms and muzzle- cordance with State regulations subject to loader deer seasons. the following conditions: 6. You may only use portable blinds, and 1. The refuge is a day-use area only, with you must remove all boats, blinds, and de- the exception of legal hunting/fishing activi- coys (see § 27.93 of this chapter) from the ref- ties. uge by 1 p.m. daily. 2. We prohibit the use of motorized off-road 7. We allow hunters to access the refuge no vehicles (e.g., ATVs) on the refuge (see more than 2 hours before legal sunrise and § 27.31(f) of this chapter). no more than 2 hours after legal sunset. 3. We set and publish season dates and bag 8. We close Sunk Lake Public Use Natural limits annually in the refuge Public Use Reg- Area to all migratory game bird hunting, ulations available at the refuge office. and we close the southern unit of Sunk Lake 4. You must possess and carry a valid ref- Public Use Natural Area to all hunting. uge permit and report game taken as speci- 9. Each youth hunter (under age 16) must fied within the permit. remain within sight and normal voice con- 5. We allow hunters to access the refuge no tact of an adult age 21 or older. One adult more than 2 hours before legal sunrise and hunter may supervise no more than two no more than 2 hours after legal sunset. youth hunters. 6. Hunting hours for raccoon are 7 p.m. to B. Upland Game Hunting. We allow hunting 12 p.m. (midnight). of squirrel, rabbit, quail, raccoon, and opos- 7. Each youth hunter (under age 16) must sum on designated areas of the refuge and remain within sight and normal voice con- the northern unit of Sunk Lake Public Use tact of an adult age 21 or older. One adult Natural Area in accordance with State regu- hunter may supervise no more than two lations subject to the following conditions: youth hunters. 1. Conditions A1 through A3, A7, and A9 C. Big Game Hunting. We allow archery apply. only hunting for white-tailed deer on the ref- 2. Spring squirrel season is closed on the uge in accordance with State regulations refuge. subject to the following conditions: 3. Squirrel, rabbit, and quail seasons close 1. Conditions B1 through B5, B7 (each adult during all firearms and muzzleloader deer may only supervise one youth hunter) apply. seasons.

375

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.62 50 CFR Ch. I (10–1–06 Edition)

4. Hunting hours for raccoon and opossum a valid refuge permit while hunting on the are legal sunset to legal sunrise. refuge. C. Big Game Hunting. We allow hunting of 3. We set and publish season dates and bag white-tailed deer and turkey on designated limits annually in the refuge Public Use Reg- areas of the refuge in accordance with State ulations available at the refuge office. regulations subject to the following condi- 4. We prohibit hunting within 50 yards (45 tions: m) of any building, public use road, or boat 1. Conditions A1 through A3, and A7 launching ramp. through A9 (each adult may supervise only 5. We allow access for goose hunting on the one youth hunter) apply. refuge 11⁄2 hours before legal sunrise until 11⁄2 2. You may only participate in the refuge hours after legal sunset. turkey hunts with a special quota permit 6. We prohibit the use of motorized off-road issued through random drawing. Information vehicles (e.g., ATVs) on the refuge. for permit applications is available at the 7. We prohibit the use of horses or other refuge headquarters. animal conveyances on refuge hunts. 3. You may only possess approved nontoxic 8. Youth hunters under age 16 must remain shot while hunting turkey (see § 32.2(k)). in sight and normal voice contact with adult 4. We only allow the use of portable blinds hunters age 21 or older. One adult hunter and tree stands on the refuge. You must re- may supervise no more than two youth hunt- move blinds, tree stands, and all other per- ers. sonal equipment (see §§ 27.93 and 27.94 of this 9. We allow the use of dogs to retrieve chapter) from the refuge at the end of each geese. day’s hunt. 10. You may use only portable blinds, and 5. We allow archery-deer hunting only on you must remove all boats, blinds, and de- the northern unit of Sunk Lake Public Use coys from the refuge at the end of each day. Natural Area. B. Upland Game Hunting. We allow hunting D. Sport Fishing. We allow sport fishing on of squirrel and raccoon on designated areas designated areas of the refuge and the Sunk of the refuge in accordance with State regu- Lake Public Use Natural Area in accordance lations subject to the following conditions: with State regulations subject to the fol- 1. The refuge is a day-use area only, with lowing conditions: the exception of legal hunting/fishing activi- 1. We only allow fishing from legal sunrise ties. to legal sunset. 2. We require a refuge hunt permit for all 2. We only allow fishing with pole and line hunters age 16 and older. We charge a fee for or rod and reel. all hunt permits. You must possess and carry 3. We prohibit possession of unauthorized a valid refuge hunt permit while hunting on fishing gear, including trotlines, limblines, the refuge. juglines, yo-yos, nets, spears, and snag 3. We set and publish season dates and bag hooks, while fishing on the refuge. limits annually in the refuge Public Use Reg- 4. We allow use of a bow and arrow or a gig ulations available at the refuge office. to take nongame fish on refuge waters. 4. We prohibit hunting within 50 yards (45 5. We prohibit taking frog or turtle on the m) of any building, public use road, or boat refuge (see § 27.21 of this chapter). launching ramp. 6. We seasonally close the sanctuary area 5. We allow hunters access to the refuge 1 1 of the refuge and the southern unit of Sunk from 1 ⁄2 hours before legal sunrise to 1 ⁄2 Lake Public Use Natural Area to the public hours after legal sunset. November 15 through March 15. 6. We allow hunting for raccoon from legal 7. We allow the use of nonmotorized boats sunset to legal sunrise. and boats with electric motors only on Sunk 7. We prohibit the use of motorized off-road Lake Public Use Natural Area. vehicles (e.g., ATVs) on the refuge (see § 27.31(f) of this chapter). REELFOOT NATIONAL WILDLIFE REFUGE 8. We prohibit the use of horses and other animal conveyances on refuge hunts. Refer to § 32.36 Kentucky for regulations. 9. Each youth hunter (under age 16) must remain within sight and normal voice con- TENNESSEE NATIONAL WILDLIFE REFUGE tact and under supervision of an adult age 21 A. Migratory Game Bird Hunting. We allow or older. One adult may supervise no more hunting of Canada geese (September season than two youth hunters. only) on designated areas of the refuge in ac- 10. We do not open for spring squirrel hunt- cordance with State regulations and subject ing on the refuge to the following conditions: 11. You may take coyote and beaver inci- 1. The refuge is a day-use area only, with dental to legal hunting activities. the exception of legal hunting/fishing activi- C. Big Game Hunting. We allow hunting of ties. white-tailed deer and turkey on designated 2. We require a refuge hunt permit for all areas of the refuge in accordance with State hunters age 16 and older. We charge a fee for regulations subject to the following condi- all hunt permits. You must possess and carry tions:

376

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.63

1. Conditions B1 through B5, B7 through B9 hunting on the refuge will open consistent (each adult may only supervise one youth with the State-specified season date. hunter), and B11 apply. 2. You must possess and carry a signed ref- 2. You may only participate in the refuge uge hunting permit while hunting on all quota deer hunts with a special quota permit hunt units of the refuge. issued through random drawing. Information 3. Hunters may enter the refuge hunt units for permit applications is available at the no earlier than 4 a.m. Hunting starts at the refuge headquarters. designated legal shooting time and ends at 12 D. Sport Fishing. We allow fishing on des- p.m. (noon). Hunters must leave refuge hunt ignated portions of the refuge in accordance units by 12:30 p.m. We close refuge hunt units with State regulations subject to the fol- on Thanksgiving, Christmas, and New Year’s lowing conditions: Day. 1. We allow fishing in Swamp Creek, Sul- 4. We allow hunting in portions of the East phur Well Bay, Bennetts Creek, and all inte- Unit on Saturdays, Sundays, and Tuesdays rior impoundments from March 16 through during the regular waterfowl season. We re- November 14. The remainder of the refuge quire payment of a $10.00 daily or $40.00 an- portion of Kentucky Lake will remain open nual fee to hunt on the East Unit. All hunt- year-round. We allow bank fishing year- ers must check-in and out through the check round along Refuge Lane, from the New station when hunting the East Unit from a Johnsonville Pump Station, and from vehicle. We will allow a maximum of 100 Busseltown Pump Station areas. hunters to access the East Unit by vehicle. 2. We limit boats to no wake speed on all We allow hunting in designated areas from refuge impoundments. East Bay Bayou, Jackson Ditch, and Onion 3. We prohibit leaving boats unattended on Bayou via boat. We require hunters access- the refuge. ing the East Unit by boat from Jackson 4. We allow fishing on interior refuge im- Ditch, East Bay Bayou, or Onion Bayou to poundments from legal sunrise to legal sun- pay the $40.00 annual fee. We prohibit access set. to the East Unit Reservoirs from Onion 5. We close the Grassy Lake heron rookery Bayou via boat. We prohibit use of motorized to all public entry as posted November 15 boats on the East Unit except on ponds through August 31. accessed from Jackson Ditch. 6. We prohibit taking frog or turtle on the 5. We allow hunting on the East Unit Spe- refuge (see § 27.21 of this chapter). cial Goose Hunt Areas by permit on a first- come, first-served basis the morning of the [58 FR 5064, Jan. 19, 1993, as amended at 58 hunt. Hunters must have goose decoys to FR 29085, May 18, 1993; 59 FR 6698, Feb. 11, hunt the Special Goose Hunt Areas. We allow 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62047, a minimum of two and a maximum of six Dec. 4, 1995; 62 FR 47382, Sept. 9, 1997; 63 FR persons per permit. All Special Goose Hunt 46921, Sept. 3, 1998; 65 FR 30791, May 12, 2000; Area hunters must accompany a valid permit 66 FR 46361, Sept. 4, 2001; 67 FR 58950, Sept. holder. Individuals in each group must set up 18, 2002; 69 FR 54362, 54454, Sept. 8, 2004; 70 FR and stay in their permitted area and stay 54191, Sept. 13, 2005] within 50 feet (15 m) of each other unless retrieving goose. § 32.63 Texas. 6. We randomly draw permits the morning The following refuge units have been of the hunt for the East Unit Special Duck opened for hunting and/or fishing, and Hunt Areas. Hunters must set up within 50 yards (45 m) of the post marker and must are listed in alphabetical order with stay within 50 feet (15 m) of each other un- applicable refuge-specific regulations. less retrieving waterfowl. We allow a minimum of two and a maximum of six persons ANAHUAC NATIONAL WILDLIFE REFUGE per permit. A. Migratory Game Bird Hunting. We allow 7. We allow hunting in the Pace Tract hunting of goose, duck, and coot on des- daily during the September teal season and ignated areas of the refuge in accordance regular waterfowl season. with State regulations subject to the fol- 8. All hunters using the Oyster Bayou Boat lowing conditions: Ramp must register at the main refuge en- 1. Season dates will be concurrent with the trance. State for the September teal season, youth- 9. We allow hunting in portions of the Mid- only season, and duck and coot regular sea- dleton Tract daily during the September teal son in the Texas South Zone, and goose reg- season and on Saturdays, Sundays, and ular season in the Texas East Zone, with the Wednesdays of the regular waterfowl season. exception that we will prohibit duck (not in- We restrict motorized boats in inland waters cluding the September teal and youth-only of the Middleton Tract to motors of 25 hp or seasons) and coot hunting on the refuge until less or electric trolling motors. the last Saturday in October. If the State- 10. Youth hunters, age 17 and younger, specified duck and coot regular season opens must be under the supervision of an adult later than the last Saturday in October, then age 18 or older.

377

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00387 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.63 50 CFR Ch. I (10–1–06 Edition)

11. We only allow shotguns for waterfowl ARANSAS NATIONAL WILDLIFE REFUGE hunting. 12. We prohibit the use of airboats, marsh A. Hunting of Migratory Birds. [Reserved] buggies, ATVs (see § 27.31(f) of this chapter) B. Upland Game Hunting. [Reserved] and personal watercraft. C. Big Game Hunting. We allow hunting of 13. On inland waters of refuge hunt areas white-tailed deer and feral hog on designated open to motorized boats, we restrict the op- areas of the refuge subject to the following eration of motorized boats to lakes, ponds, conditions: ditches, and other waterways. We prohibit 1. We may immediately close the entire the operation of motorized boats on or refuge or any portion thereof to hunting in through emergent wetland vegetation. the event of the appearance of whooping 14. On inland waters of the refuge hunt cranes in the hunt area. areas open to motorized boats, we restrict 2. You must obtain a refuge permit and pay the use of boats powered by air-cooled or ra- a fee. diator-cooled engines to those powered by a 3. You may not use dogs to trail game. single engine of 25 hp or less and utilizing a 4. You may not possess alcoholic beverages propeller 9 inches (22.5 cm) in diameter or while on the refuge. less. 5. We will annually designate bag limits in 15. We only allow vehicular travel on des- the refuge hunt brochure. ignated roads and in parking areas. We pro- 6. We allow archery hunting in October hibit hunting from roads and blocking access within the deer season for the county on to any road or trail entering or on the refuge specified days listed in the refuge hunt bro- (see § 27.31(h) of this chapter). chure. 16. We prohibit pits and permanent blinds. 7. We allow firearm hunting in November We allow portable blinds or temporary nat- within the deer season for the county on ural vegetation blinds. You must remove specified days listed in the refuge hunt bro- portable blinds (see § 27.93 of this chapter) chure. from the refuge daily. 8. Firearm hunters must wear a total of 400 17. The minimum permitted distance be- square inches (10.16 m2) hunter orange in- tween hunt parties is 200 yards (180 m). cluding 144 square inches (936 cm2) visible in 18. Dogs accompanying hunters must be front and 144 square inches visible in rear. under the immediate control of handlers at Some hunter orange must appear on head all times (see § 26.21(b) of this chapter). gear. 19. You must remove all decoys, boats, spent shells, marsh chairs, and other equip- 9. You must unload and encase all firearms ment (see § 27.93 of this chapter) from the ref- while in a vehicle. uge daily. We prohibit the use of plastic flag- 10. You may not hunt on or across any part ging, reflectors, or reflective tape. of the refuge road system, or hunt from a ve- B. Upland Game Hunting. [Reserved] hicle on any refuge road or road right-of- C. Big Game Hunting. [Reserved] way. D. Sport Fishing. We allow fishing and crab- 11. You may hunt white-tailed deer and bing on designated areas of the refuge in ac- feral hog on designated areas of Matagorda cordance with State regulations subject to Island in accordance with the State permit the following conditions: system as administered by Texas Parks and 1. We allow fishing and crabbing on shore- Wildlife Department. line areas on East Galveston Bay, along East 12. We prohibit hunters possessing hand- Bay Bayou on the East Bay Bayou Tract, guns during archery and rifle hunts. We along West Line Road to the southern end of allow the use of archery equipment and Shoveler Pond, and along the canal from the centerfire rifles in accordance with State Oyster Bayou Boat Ramp to the southwest law. corner of Shoveler Pond. 13. We only allow you to use biodegradable 2. We only allow fishing and crabbing with flagging to mark trails and your hunt stand pole and line, rod and reel, or hand-held line. location during the archery and rifle hunts 3. We allow cast-netting for bait for per- on the refuge. We color code the flagging sonal use along waterways in areas open to used each weekend during the rifle hunts. the public and along public roads. You must use the designated flagging color 4. We prohibit the use of trotlines, setlines, specified for particular hunt dates. We pro- bows and arrows, gigs, or spears. vide this information on the refuge hunt per- 5. We prohibit boats and other flotation de- mit and in refuge regulations sent to permit- vices on inland waters. You may launch mo- tees. You must remove flagging (see § 27.93 of torized boats into East Bay at the East Bay this chapter) at the end of the hunt. Boat Ramp on Westline Road and at the Oys- D. Sport Fishing. We allow fishing on des- ter Bayou Boat Ramp (boat canal). You may ignated areas of the refuge subject to the fol- launch nonmotorized boats along East Bay lowing conditions: Bayou and along the shoreline on East Gal- 1. You may not use crab traps in any ref- veston Bay. uge marshes, including Matagorda Island.

378

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.63

2. Beginning April 15 through October 15, 2. We require hunters to check in and out you may fish on the refuge only in areas des- daily at designated check stations. ignated in the refuge fishing brochure. 3. We allow bows and arrows, shotguns, and 3. You may fish all year in marshes on rifles. Matagorda Island and in areas designated in 4. We may immediately close to hunting the refuge fishing brochure. the entire refuge or any portion thereof for the protection of resources as determined by BALCONES CANYONLANDS NATIONAL WILDLIFE the refuge manager. REFUGE 5. Hunters must be at least 12 years of age. A. Migratory Game Bird Hunting. We allow An adult 21 years of age or older must super- hunting of mourning, white-wing, rock, and vise hunters between the ages of 12 and 17 Eurasian-collared doves on designated areas (inclusive). of the refuge subject to the following condi- 6. The refuge will set bag limits. tions: 7. We require hunters to wear 400 square 2 1. The length of the hunting season will be inches (2,600 cm ) of hunter orange on the concurrent with the State season in Sep- outermost layer of the head, chest, and back, tember and October. which must include a hunter orange hat or 2. We allow hunting in designated areas, cap. from noon to sunset, Saturdays and Sundays. 8. We require refuge permits and the pay- 3. You may possess only approved nontoxic ment of a hunt fee. shot while in the field. 9. You may not use dogs for hunting. 4. We require refuge permits and payment 10. You may not camp. 11. You may only use vehicles on des- of a hunt fee by all hunters. ignated roads and parking areas. 5. We allow dogs to retrieve game birds D. Sport Fishing. [Reserved] during the hunt, but the dogs must be under control of the handler at all times and not BIG BOGGY NATIONAL WILDLIFE REFUGE allowed to roam free. 6. All hunters must be 10 years old or older. A. Migratory Game Bird Hunting. We allow An adult 21 years of age or older must super- hunting of goose, duck, and coot on des- vise hunters ages 10–17 (inclusive). ignated areas of the refuge in accordance 7. We prohibit use or possession of alcohol. with State regulations subject to the fol- 8. We may immediately close the entire lowing conditions: refuge or any portion thereof to hunting for 1. Season dates will be concurrent with the the protection of resources, as determined by State for the September teal season, youth- the refuge manager. only season, and duck and coot regular sea- B. Upland Game Hunting. We allow hunting son in the Texas South Zone, and goose reg- of turkey on designated areas of the refuge ular season in the Texas East Zone, with the subject to the following conditions: exception that we will prohibit duck (not in- 1. We allow hunting in November, Decem- cluding the September teal and youth-only ber, and/or January. seasons) and coot hunting on the refuge until 2. We require hunters to check in and out the last Saturday in October. If the State- of a hunt area. specified duck and coot regular season opens 3. We allow bows and arrows, shotguns, and later than the last Saturday in October, then rifles. hunting on the refuge will open consistent 4. We may immediately close the entire with the State-specified season date. refuge or any portion thereof to hunting for 2. We prohibit the building or use of pits the protection of resources, as determined by and permanent blinds. the refuge manager. 3. We only allow the use of airboats in tidal 5. Hunters must be at least 12 years of age. navigable waters unless otherwise posted. An adult 21 years of age or older must super- 4. We prohibit target practice on the ref- vise hunters between the ages of 12 and 17 uge. (inclusive). B. Upland Game Hunting. [Reserved] 6. The refuge will set bag limits. C. Big Game Hunting. [Reserved] 7. We require hunters to visibly wear 400 D. Sport Fishing. [Reserved] square inches (2,600 cm2) of hunter orange on BRAZORIA NATIONAL WILDLIFE REFUGE the outermost layer of the head, chest and back, which must include a hunter orange A. Migratory Game Bird Hunting. We allow hat or cap. hunting of goose, duck, and coot on des- 8. We require refuge permits and the pay- ignated areas of the refuge in accordance ment of a hunt fee. with State regulations subject to the fol- C. Big Game Hunting. We allow hunting of lowing conditions: white-tailed deer and feral hogs on des- 1. Season dates will be concurrent with the ignated areas of the refuge subject to the fol- State for the September teal season, youth- lowing conditions: only season, and duck and coot regular sea- 1. We allow hunting in November, Decem- son in the Texas South Zone, and goose reg- ber, and/or January. ular season in the Texas East Zone, with the

379

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.63 50 CFR Ch. I (10–1–06 Edition)

exception that we will prohibit duck (not in- HAGERMAN NATIONAL WILDLIFE REFUGE cluding the September teal and youth-only A. Migratory Game Bird Hunting. We allow seasons) and coot hunting on the refuge until hunting of mourning doves in the month of the last Saturday in October. If the State- September on designated areas of the refuge, specified duck and coot regular season opens subject to the following conditions: later than the last Saturday in October, then 1. We require you to check in and out of hunting on the refuge will open consistent the hunt area. with the State-specified season date. 2. We allow only shotguns. 2. We prohibit the building of pits and per- 3. You may possess no shot larger than #4 manent blinds. on the hunting area. 3. You must possess and carry a refuge per- B. Upland Game Hunting. We allow hunting mit to hunt on certain portions of the hunt- of quail in the month of February and squir- ing area. 4. We only allow the use of airboats in tidal rel and rabbit in the months of February and navigable waters unless otherwise posted. September on designated areas of the refuge 5. We prohibit target practice on the ref- subject to the following conditions: uge. 1. We require you to check in and out of B. Upland Game Hunting. [Reserved] the hunt area. C. Big Game Hunting. [Reserved] 2. We allow only shotguns. D. Sport Fishing. We allow fishing in ac- 3. You may possess no shot larger than #4 cordance with State regulations subject to on the hunting area. the following conditions: 4. You must plug shotguns to hold no more 1. We allow fishing only on Nick’s Lake, than three shells during the September dove Salt Lake, and Lost Lake and along the Salt season. Lake Weir Dike and the Bastrop Bayou Pub- C. Big Game Hunting. We allow hunting of lic Fishing Areas. white-tailed deer and feral hogs on des- 2. We allow access for shore fishing at ignated areas of the refuge subject to the fol- Bastrop Bayou, Clay Banks and Salt Lake lowing conditions: Public Fishing Areas, and Salt Lake Weir 1. You may archery hunt as listed in the Dike. refuge hunt information sheet. You must ob- 3. We open Bastrop Bayou to fishing 24 tain a refuge permit and pay a hunt fee. hours a day; we prohibit camping. 2. We allow hunting with firearms includ- 4. We open all other fishing areas from ing shotguns, 20 gauge or larger, loaded with legal sunrise to legal sunset. rifled slug during a special youth hunt as 5. We only allow nonmotorized boat listed in the refuge hunt information sheet. launching at the Salt Lake Public Fishing We require permits. Area. The refuge provides no other boat D. Sport Fishing. We allow fishing on des- launching facilities. ignated areas of the refuge subject to the fol- 6. We prohibit the use of trotlines, sail lowing conditions: lines, set lines, jugs, gigs, spears, bush 1. Lake Texoma and connected streams are hooks, snatch hooks, crossbows, or bows and open to fishing year round. arrows of any type. 2. We allow fishing in ponds and stock tanks from April 1 through September 30. BUFFALO LAKE NATIONAL WILDLIFE REFUGE 3. Fishermen may string trotlines between A. Migratory Game Bird Hunting. [Reserved] anchored floats only. We do not allow lines B. Upland Game Hunting. Hunting of pheas- attached to rubber bands, sticks, poles, ant is permitted on designated areas of the trees, or other fixed objects in refuge ponds refuge subject to the following conditions: or impoundments. 1. Permits and payment of a fee are re- 4. We do not allow fishing from bridges or quired. roadways. 2. Hunters may hunt only one day each 5. We do not allow boats and other flota- year. tion devices on the waters of Lake Texoma 3. You may possess only approved nontoxic from October 1 through March 31, or at any shot while in the field. time on refuge ponds and impoundments. 4. Hunting is limited to five days, opening LAGUNA ATASCOSA NATIONAL WILDLIFE on Saturday in accordance with the opening REFUGE of the State of Texas hunting season, and the subsequent Monday, Wednesday, Friday and A. Migratory Game Bird Hunting. [Reserved] Sunday. B. Upland Game Hunting. [Reserved] 5. Hunting hours will be from 9 a.m. to the C. Big Game Hunting. We allow hunting of close of legal shooting time as listed in the white-tailed deer, feral pig, and nilgai ante- State of Texas pheasant hunting regulations. lope on designated areas of the refuge in ac- 6. All hunters must check in and out at ref- cordance with State regulations subject to uge headquarters. the following conditions: 7. Only shotguns are permitted. 1. We require hunters to pay a fee and ob- C. Big Game Hunting. [Reserved] tain a refuge hunt permit. We issue replace- D. Sport Fishing. [Reserved] ment permits for an additional nominal fee.

380

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.63

All hunt fees are nonrefundable. We require the permitted hunt season. All hunters must the hunter to possess and carry a signed and check out daily at the refuge check station dated refuge hunt permit. at the end of their hunt or no later than 1 2. We allow archery and firearm hunting on hour after legal shooting hours. designated units of the refuge. Units 1, 2, 3, 10. We allow vehicle parking at Unit 1 and 5, 6, and 8 are open to archery hunting during Unit 6 designated parking areas and along designated dates. Units 2, 3, 5, 6, and 8 are the roadsides of General Brandt Road (FM open to firearm hunting during designated 106), Buena Vista Road, Lakeside Road, and dates. We close the following areas to hunt- County Road (see § 27.31 of this chapter). ing: Adolph Thomae, Jr. County Park in 11. We restrict vehicle access to service Unit 3, posted ‘‘No Hunting Zones’’ within all roads not closed by gates or signs (see § 27.31 hunt units, La Selva Verde Tract (Arm- of this chapter). You must only access hunt strong), Waller Tract, COHYCO, Inc. Tract, units by foot or bicycle. Bahia Grande Unit, and South Padre Unit. 12. We allow hunting from portable stands 3. We offer hunting during specific portions or by stalking and still hunting. There is a of the State hunting season. We determine limit of one blind or stand per permitted specific deer hunt dates annually, and they hunter. You must attach hunter identifica- usually fall within November, December, and tion (name, address, permit number, and January. We may provide special feral pig phone number), to the blind or stand. We and nilgai antelope hunts to reduce popu- prohibit attaching blinds and stands to trees lations at any time during the year. or making blinds and stands from natural 4. We annually establish a specific bag vegetation (see §§ 32.2(i) and § 27.51 of this limit for deer hunted on the refuge in the chapter)). You must remove all blinds and refuge hunt brochure. We have an unlimited stands (see § 27.93 of this chapter) at the end bag limit on feral pig and nilgai antelope. of the permitted hunt season. 5. We require hunters to visibly wear 400 13. We prohibit hunting with dogs. square inches (2,600 cm2) of hunter orange, 14. Hunters must field-dress all harvested which includes wearing a minimum of 144 big game in the field and check the game at square inches (936 cm2) visible on the chest, the refuge check station before removal from a minimum of 144 square inches (936 cm2) the refuge. You may quarter deer, feral pig, visible on the back, and a hunter-orange hat and nilgai antelope in the field as defined by or cap visible on the head when in the field. State regulations. You may use a non- We allow hunter-orange camouflage pat- motorized cart to assist with the transpor- terns. We allow archery hunters during the tation of harvested game animals. archery-only hunts to remove their hunter 15. We prohibit use of or hunting from any orange in the field only when hunting at a type of watercraft or floating device. stationary location. 16. You must receive authorization from a 6. Each youth hunter, ages 12 to 17, must refuge employee to enter closed refuge areas be accompanied by and remain within sight to retrieve harvested game. and normal voice contact of an adult age 18 17. We require written documentation from or older. Hunters must be at least age 12. a licensed physician to certify a hunter as 7. We only allow the use of shoulder-fired temporarily or permanently disabled or mo- muzzleloaders and rifled firearms. We pro- bility impaired no later than 10 calendar hibit possession of a pistol or shotgun while days before the start of the scouting or hunt hunting. Muzzleloader firearms must be .40 period. We allow the use of all-terrain vehi- caliber or larger, and modern-rifled firearms cles (ATVs), which excludes motorcycles and must be center fired and .22 caliber or larger. full-size passenger vehicles, for hunters with We prohibit loaded firearms (see § 27.42 of mobility impairments and other disabilities this chapter) in the passenger compartment through the issuance of a Special Use Per- of a motor vehicle (we define ‘‘loaded’’ as mit. having rounds in the chamber or magazine or D. Sport Fishing. We allow fishing and crab- a firing cap on a muzzleloading firearm). We bing on designated areas of the refuge in ac- prohibit target practice or ‘‘sighting-in’’ on cordance with State regulations subject to the refuge. the following conditions: 8. We allow a 9-day scouting period, ending 1. We only allow fishing and crabbing from 1 week prior to the commencement of the Adoph Thomae Jr. County Park on San Mar- refuge deer hunting season. A permitted tin Lake of the Bahia Grande Unit, and on hunter and a limit of two nonpermitted indi- the South Padre Island Unit year-round. viduals may enter the hunt units during the 2. We require payment of an entry fee and scouting period. We allow access to the units boat launch at Adolph Thomae Jr. County during the scouting period from legal sunrise Park. We allow access to the park between 6 to legal sunset. You must clearly display ref- a.m. and 10 p.m. from June through October, uge-issued Hunter Vehicle Validation Tags/ and between 6 a.m. and 9 p.m. from Novem- Scouting Permits (available from the refuge ber through May. office) face up on the vehicle dashboard. 3. We only allow pole and line, rod and reel, 9. We only allow hunters to enter the ref- hand line, dip net, or cast net for fishing. We uge 1 hour before legal shooting hours during prohibit the use of crab traps or pots for

381

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.63 50 CFR Ch. I (10–1–06 Edition)

crabbing. Anglers must attend all fishing MCFADDIN NATIONAL WILDLIFE REFUGE lines, crabbing equipment, or other fishing A. Migratory Game Bird Hunting. We allow devices at all times. hunting of goose, duck, and coot on des- 4. We prohibit the taking and use of frog, ignated areas of the refuge in accordance salamander, and other amphibian as bait. with State regulations subject to the fol- 5. We allow the use of boats for sport fish- lowing conditions: ing. You may launch boats at Adolph 1. Season dates will be concurrent with the Thomae Jr. County Park. We only allow State for the September teal season, youth- bank and wade fishing on the shoreline of only season, and duck and coot regular sea- San Martin Lake within the refuge bound- son in the Texas South Zone, and goose reg- ary. We only allow access by foot behind ular season in the Texas East Zone, with the posted refuge boundary signs. exception that we will prohibit duck (not in- 6. We only allow camping at Adolph cluding the September teal and youth-only Thomae Jr. County Park. seasons) and coot hunting on the refuge until the last Saturday in October. If the State- LOWER RIO GRANDE VALLEY NATIONAL specified duck and coot regular season opens WILDLIFE REFUGE later than the last Saturday in October, then A. Migratory Game Bird Hunting. We allow hunting on the refuge will open consistent hunting of mourning, white-winged, and with the State-specified season date. white-tipped dove on designated areas of the 2. You must possess and carry a signed ref- refuge in accordance with State regulations uge hunting permit while hunting on all subject to the following conditions: hunt units of the refuge. 1. We require hunters to pay a fee and ob- 3. Hunters must enter the refuge hunt tain a refuge hunt permit. All hunt fees are units between 4 a.m. and 1⁄2 hour before the nonrefundable. We require hunters to possess designated legal shooting time. Hunting and carry a signed (by permittee and an au- starts at legal shooting time and ends at 12 thorized refuge staff member) refuge hunt p.m. (noon). Hunters must leave refuge hunt permit. units by 12:30 p.m. We close refuge hunt units 2. We allow hunting on areas of the refuge on Thanksgiving, Christmas, and New Year’s during limited periods of the State-des- Day. ignated hunting season. We publish these 4. You may access hunt areas by foot, non- dates in the refuge hunting sheet. motorized watercraft, outboard motorboat, 3. You may only possess approved nontoxic or airboat. Airboats may not exceed 10 hp shot while in the field (see § 32.2(k)). with direct drive with a propeller length of 4. We require hunters to be at least age 12. 48 inches (120 cm) or less. Engines may not Youth hunters, age 17 and younger must be exceed 2 cylinders and 484 cc. We prohibit all under the supervision of an adult age 18 or other motorized vehicles. We prohibit marsh older. buggies, ATVs, and personal watercraft (see § 27.31(f) of this chapter). 5. We determine the location and method 5. On inland waters of the refuge open to of hunting each year and publish this infor- motorized boats, we restrict the use of boats mation in the refuge hunting sheet. powered by air-cooled or radiator-cooled en- 6. We only allow parking in designated lo- gines to those powered by a single engine of cations. 25 hp or less and utilizing a propeller 9 inches 7. We allow the use of properly trained re- (22.5 cm) in diameter or less. trievers during these hunts. 6. On inland waters of the refuge open to B. Upland Game Hunting. [Reserved] motorized boats, we restrict the operation of C. Big Game Hunting. We allow hunters to motorized boats to lakes, ponds, ditches, and take white-tailed deer, feral hog, and nilgai other waterways. We prohibit the operation antelope on designated areas of the refuge in of motorized boats on or through emergent accordance with State regulations subject to wetland vegetation. the following conditions: 7. We allow hunting in the Central Hunt 1. Conditions A1 through A3 and A5 Units daily during the September teal season through A7 apply. and on Saturdays, Sundays, and Tuesdays of 2. We annually establish bag limits for the regular waterfowl season. white-tailed deer based on survey data pro- 8. We only allow hunting in the Spaced vided by the State. We establish no bag lim- Hunt Units on Saturdays, Sundays, and its for feral hog or nilgai antelope. Tuesdays of the regular waterfowl season. 3. We require hunters to visibly wear 400 We require payment of a $10.00 daily fee to square inches (2,600 cm2) of hunter orange, hunt the Spaced Hunt Units. We allow a which includes wearing a minimum of 144 maximum of four hunters per area. Hunters square inches (936 cm2) visible on the chest, must possess and carry Special Fee Area a minimum of 144 square inches visible on Permits while hunting. the back, and a hunter-orange hat or cap 9. We allow daily hunting in the Mud visible on the head. Bayou Hunt Unit during the September teal D. Sport Fishing. [Reserved] season and on Sundays, Wednesdays, and

382

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.63

Fridays of the regular waterfowl season. We cluding the September teal and youth-only allow access by foot from the beach on Mid- seasons) and coot hunting on the refuge until dleton Levee, or by boat from the Gulf Intra- the last Saturday in October. If the State- coastal Waterway via Mud Bayou. specified duck and coot regular season opens 10. Each youth hunter (age 17 and younger) later than the last Saturday in October, then must remain within sight and normal voice hunting on the refuge will open consistent contact of an adult age 18 or older. with the State-specified season date. 11. We only allow shotguns for waterfowl 2. We prohibit the building or use of pits hunting. and permanent blinds (see §§ 27.92 and 27.93 of 12. We only allow vehicular travel on des- this chapter). ignated roads and in parking areas. We pro- 3. We require permits and payment of fees hibit blocking access to any road or trail en- for the Sargent Permit Waterfowl Hunt, Big tering or on the refuge (see § 27.31(h) of this Pond Hunt Area, and Light Goose Conserva- chapter). tion Order Season Permit Hunt Area. Hunt- 13. We prohibit pits and permanent blinds. ers must abide by all terms and conditions We allow portable blinds or temporary nat- set by the permits. ural vegetation blinds. You must remove 4. We only allow the use of airboats in tidal portable blinds (see § 27.93 of this chapter) navigable waters unless otherwise posted. from the refuge daily. 5. We prohibit target practice on the ref- 14. The minimum permitted distance be- uge. tween hunt parties and between hunters and B. Upland Game Hunting. [Reserved] driveable roads and buildings is 200 yards (180 C. Big Game Hunting. [Reserved] m). We prohibit hunting from roads or lev- D. Sport Fishing. We allow sport fishing on ees. designated areas of the refuge in accordance 15. Dogs accompanying hunters must be with State regulations subject to the fol- under the immediate control of handlers at lowing conditions: all times (see § 26.21(b) of this chapter). 1. We allow fishing only on the refuge por- 16. You must remove all decoys, boats, tions of Cow Trap Lakes, Cedar Lakes, and spent shells, marsh chairs, and other equip- along Cedar Lake Creek. ment (see §§ 27.93 and 27.94 of this chapter) from the refuge daily. We prohibit use of 2. We prohibit the use of trotlines, sail plastic flagging, reflectors, or reflective tape lines, set lines, jugs, gigs, spears, bush on the refuge. hooks, snatch hooks, crossbows, or bows and B. Upland Game Hunting. [Reserved] arrows of any type. C. Big Game Hunting. [Reserved] TEXAS POINT NATIONAL WILDLIFE REFUGE D. Sport Fishing. We allow fishing and crabbing on designated areas of the refuge in ac- A. Migratory Game Bird Hunting. We allow cordance with State regulations subject to hunting of goose, duck, and coot on des- the following conditions: ignated areas of the refuge in accordance 1. We only allow fishing and crabbing with with State regulations subject to the fol- pole and line, rod and reel, or handheld line. lowing conditions: 2. We allow cast netting for bait for per- 1. Season dates will be concurrent with the sonal use along waterways in areas open to State for the September teal season, youth- the public and along public roads. only season, and duck and coot regular sea- 3. We prohibit the use of trotlines, setlines, son in the Texas South Zone, and goose reg- bows and arrows, gigs, or spears in inland ular season in the Texas East Zone, with the waters. exception that we will prohibit duck (not in- 4. We allow fishing and crabbing in 10–Mile cluding the September teal and youth-only Cut and Mud Bayou and in the following in- seasons) and coot hunting on the refuge until land waters: Star Lake and Clam Lake. We the last Saturday in October. If the State- also allow fishing and crabbing from the specified duck and coot regular season opens shoreline of the Gulf Intracoastal Waterway later than the last Saturday in October, then and along roadside ditches. hunting on the refuge will open consistent 5. Conditions A5 and A6 apply. with the State-specified season date. 2. Hunters must possess and carry a signed SAN BERNARD NATIONAL WILDLIFE REFUGE refuge hunting permit while hunting on the A. Migratory Game Bird Hunting. We allow refuge. hunting of goose, duck, and coot on des- 3. Hunters must enter the refuge hunt unit ignated areas of the refuge in accordance between 4 a.m. and 1⁄2 hour before the des- with State regulations subject to the fol- ignated legal shooting time. Hunting starts lowing conditions: at legal shooting time and ends at 12 p.m. 1. Season dates will be concurrent with the (noon). Hunters must be off refuge hunt State for the September teal season, youth- units by 12:30 p.m. We close refuge hunt units only season, and duck and coot regular sea- on Thanksgiving, Christmas, and New Year’s son in the Texas South Zone, and goose reg- Day. ular season in the Texas East Zone, with the 4. We allow hunting in portions of the ref- exception that we will prohibit duck (not in- uge daily during the September teal season

383

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.63 50 CFR Ch. I (10–1–06 Edition)

and on Saturdays, Mondays, and Wednesdays TRINITY RIVER NATIONAL WILDLIFE REFUGE during the regular waterfowl season. 5. You may access hunt areas by foot, non- A. Migratory Game Bird Hunting. We allow motorized watercraft, outboard motorboat, hunting of duck on designated areas of the or airboat. Airboats may not exceed 10 hp refuge in accordance with State regulations with direct drive with a propeller length of subject to the following conditions: 48 inches (120 cm) or less. Engines may not 1. We only allow hunting on Champion exceed 2 cylinders and 484 cc. We prohibit all Lake by drawing. other motorized vehicles. We prohibit marsh 2. We require an application fee for partici- buggies, ATVs, and personal watercraft (see pants to enter the drawing. After the State § 27.31(f) of this chapter). announces hunting dates, we will issue a ref- 6. On inland waters of the refuge open to uge permit to those drawn. The hunter must motorized boats, we restrict the use of boats possess and carry the permit at all times powered by air-cooled or radiator-cooled en- when hunting. gines to those powered by a single engine of 3. We only allow hunting on Champion 25 hp or less and utilizing a propeller 9 inches Lake Saturdays and Sundays during the (22.5 cm) in diameter or less. State duck season. Hunters may not enter 7. On inland waters of the refuge open to the refuge until 5 a.m. and must be off the motorized boats, we restrict the operation of hunt area by 12 p.m. (noon). motorized boats to lakes, ponds, ditches, and 4. We only allow portable blinds. Hunters other waterways. We prohibit the operation must remove all blinds, decoys, shell casings, or motorized boats on or through emergent and other personal equipment (see §§ 27.93 wetland vegetation. and 27.94 of this chapter) from the refuge 8. Each youth hunter (age 17 and younger) each day. must remain within sight and normal voice 5. We limit motors to 10 hp or less. contact of an adult age 18 or older. 6. We allow retrievers, but they must be 9. We only allow shotguns for waterfowl under the immediate control of the hunter at hunting. all times. 10. We only allow vehicle travel on des- 7. Each youth hunter (age 17 and under) ignated roads and in designated parking must remain within sight and normal voice areas (see § 27.31 of this chapter). We prohibit contact and under supervision of an adult blocking access to any road or trail entering age 18 or older. or on the refuge (see § 27.31(h) of this chap- 8. Hunt parties must keep a minimum dis- ter). tance of 150 yards (135 m) between them. 11. We prohibit pits and permanent blinds. B. Upland Game Hunting. We allow hunting We allow portable binds or temporary nat- for squirrel and rabbit on designated areas of ural vegetation blinds. You must remove the refuge in accordance with State regula- portable blinds (see §§ 27.93 and 27.94 of this tions subject to the following conditions: chapter) from the refuge daily. 1. We require participants to pay an appli- 12. The minimum distance between hunt cation fee to enter the hunt permit drawing. parties is 200 yards (180 m). We prohibit We issue a refuge permit to the individuals hunting from roads or levees. whose names are drawn. Successful partici- 13. Dogs accompanying hunters must be pants must possess and carry these permits under the immediate control of handlers at at all times. Permits are nontransferable. all times (see § 26.21(b) of this chapter). 14. You must remove all decoys, boats, 2. We allow hunting during a designated 23- spent shells, marsh chairs, and other equip- day season. Hunters may enter the refuge ment (see §§ 27.93 and 27.94 of this chapter) and park in an assigned parking area no ear- 1 from the refuge daily. We prohibit use of lier than 4:30 a.m. We allow hunting from ⁄2 plastic flagging, reflectors, or reflective tape hour before legal sunrise to legal sunset. We on the refuge. require hunters to return a data log card. B. Upland Game Hunting. [Reserved] 3. We prohibit hunting along refuge roads. C. Big Game Hunting. [Reserved] 4. We prohibit the use of dogs, feeders, D. Sport Fishing. We allow fishing and crab- baiting (see § 32.2(h)), campsites, fires (see bing on designated areas of the refuge in ac- § 27.95(a) of this chapter), horses, bicycles, cordance with State regulations subject to and all-terrain vehicles. the following conditions: 5. We restrict weapons to shotguns and 1. We only allow fishing and crabbing in in- rimfires. land waters with pole and line, rod and reel, 6. Youth hunters age 17 and younger must or handheld line. be under the direct supervision of an adult 2. We only allow cast netting for bait by age 18 or older. individuals along waterways in areas open to 7. The minimum distance we allow between the public and along public roads. hunt parties is 200 yards (180 m). We require 3. We prohibit the use of trotlines, setlines, hunters to visibly wear 400 square inches bows and arrows, gigs, or spears in inland (2,600 cm 2) of hunter-orange, which includes waters. wearing a minimum of 144 square inches (936 4. Conditions A6 and A7 apply. cm 2) visible on the chest, a minimum of 144

384

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00394 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.64

square inches visible on the back, and a hours after legal sunset. We prohibit leaving hunter orange hat or cap visible on the head. decoys, boats, vehicles, and other personal C. Big Game Hunting. We allow hunting of property on the refuge overnight (see § 27.93 white-tailed deer and feral hog on designated of this chapter). areas of the refuge in accordance with State 6. Hunters may only park in designated regulations subject to the following condi- parking sites. tions: 7. Any person entering, using or occupying 1. Conditions B1, B2, B4, B6, and B7 apply. the refuge for waterfowl hunting must abide 2. We only allow temporary blinds. We pro- by all the terms and conditions in the Refuge hibit hunting or blind erection along refuge Hunting Brochure. roads. 8. When hunters are in their vehicles, at 3. We restrict weapon type used depending parking lots, or traveling on Refuge roads, on unit hunted. We publish this information all firearms must be completely unloaded on the refuge permit (you must possess and (including the magazine) and cased or dis- carry) and in the refuge hunt brochure. mantled. D. Sport Fishing. We allow fishing on most 9. You may only possess 10 shells while refuge tracts in accordance with State regu- hunting on or within 50 feet (15 m) from the lations subject to the following conditions: center of Unit 1A or 2C dike. 1. We only allow fishing with pole and line, B. Upland Game Hunting. Hunters may hunt rod and reel, or hand-held line. pheasants on designated areas of the refuge 2. We prohibit the use of trotlines, setlines, subject to the following conditions: bows and arrows, gigs, spears, fish traps, 1. You may possess only approved nontoxic crab/crawfish traps or nets. shot while in the field. 3. We prohibit the harvesting of frog or 2. Pheasants may not be taken with a shot- turtle (see § 27.21 of this chapter). gun of any description capable of holding 4. We allow fishing from legal sunrise to more than three shells, unless it is plugged legal sunset. with a one-piece filler, incapable of removal 5. We limit motors to a maximum of 10 hp. without disassembling the gun, so its total We prohibit fishing or enter within 200 yards capacity does not exceed three shells. (180 m) of an established bird rookery from C. Big Game Hunting. [Reserved] March through the end of June. Check at ref- D. Sport Fishing. Fishermen may fish on uge headquarters for rookery locations. designated areas of the refuge subject to the following conditions: [58 FR 5064, Jan. 19, 1993, as amended at 58 1. Fishermen may fish year-round in des- FR 29076, May 18, 1993; 59 FR 6698, Feb. 11, ignated areas of the Refuge. 1994; 59 FR 55188, Nov. 3, 1994; 62 FR 47382, Sept. 9, 1997; 63 FR 46921, Sept. 3, 1998; 65 FR FISH SPRINGS NATIONAL WILDLIFE REFUGE 30792, May 12, 2000; 65 FR 56408, Sept. 18, 2000; A. Migratory Game Bird Hunting. We allow 66 FR 46361, Sept. 4, 2001; 67 FR 58950, Sept. hunting of ducks and coots on designated 18, 2002; 69 FR 54362, 54457, Sept. 8, 2004; 69 FR areas of the refuge in accordance with State 55995, Sept. 17, 2004; 70 FR 54192, Sept. 13, regulations and the following conditions: 2005] 1. All hunters must register individually at the visitor information station before enter- § 32.64 Utah. ing the open hunting area and prior to The following refuge units have been exiting the refuge. opened for hunting and/or fishing, and 2. We do not allow hunters or dogs to enter closed areas to retrieve birds. are listed in alphabetical order with 3. You may only possess firearms legally applicable refuge-specific regulations. used to hunt waterfowl unless you case or break them down. BEAR RIVER MIGRATORY BIRD REFUGE 4. You may construct nonpermanent A. Migratory Game Bird Hunting. We allow blinds. You must remove all blinds con- hunting of goose, duck, coot, and tundra structed out of materials other than vegeta- swan on designated areas of the refuge in action at the end of a hunt day. cordance with State regulations subject to 5. We allow use of small boats (15′ or less). the following conditions: We do not allow gasoline motors and air 1. Hunters may not shoot or hunt within boats. 100 yards (90 m) of principal refuge roads (the 6. You may enter the refuge 2 hours prior tour route). to sunrise and must exit the refuge by 11⁄2 2. You may possess only approved nontoxic hours after sunset. You may not leave de- shot while in the field. coys, boats, vehicles, and other personal 3. Hunters may not use pits or permanent property on the refuge overnight. blinds. 7. We have a Special Blind Area for use by 4. Airboats are permitted only in Unit 9 the disabled. We prohibit trespass for any and in Block C of the Refuge. reason by any individual not registered to 5. You may enter the refuge 2 hours before utilize that area. legal sunrise and must exit the refuge by 2 B. Upland Game Hunting. [Reserved]

385

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00395 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.65 50 CFR Ch. I (10–1–06 Edition)

C. Big Game Hunting. [Reserved] day of the hunting season for which you have D. Sport Fishing. [Reserved] a tag. 3. We prohibit hunting on the islands and OURAY NATIONAL WILDLIFE REFUGE sandbars within the Green River. A. Migratory Game Bird Hunting. We allow 4. We prohibit hunting of pronghorn and hunting of duck, coot, and goose within elk. Leota Bottom in accordance with State reg- D. Sport Fishing. We allow sport fishing ulations subject to the following conditions: within and on the banks of the Green River 1. We prohibit hunting within 100 yards (90 (the southernmost portion of the Green m) of the Green River in Leota Bottom. River within the Refuge Boundary requires a 2. We close the Green River within the ref- Ute Tribe fishing permit) in accordance with uge boundaries to hunting. State regulations subject to the following 3. You may only possess approved nontoxic conditions: shot while in the field (see § 32.2(k)). 1. We prohibit fishing on or from the diked 4. We prohibit pits and permanent blinds. interior impoundments or canals. 5. You may use portable blinds or blinds 2. You may only fish with the aid of a pole, constructed of natural dead vegetation (see hook, and line. We prohibit trot lines, bow § 27.51 of this chapter). and arrows, spears, spear guns, cross bows, 6. You must remove all decoys, shell cas- and firearms. ings, portable and temporary blinds, and 3. You must release unharmed any of the other personal equipment (see §§ 27.93 and four endangered fish if caught (razorback 27.94 of this chapter) from the refuge at the sucker, Colorado pike minnow, humpbacked end of each day. chub, or bonytailed chub). 7. We prohibit operation of a gas-powered [58 FR 5064, Jan. 19, 1993, as amended at 59 boat or vehicle within Leota Bottom. FR 6699, Feb. 11, 1994; 60 FR 62047, Dec. 4, 8. We prohibit possession or consumption 1995; 61 FR 46398, Sept. 3, 1996; 62 FR 47383, of any alcoholic beverage while hunting (see Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; 65 FR § 32.2(j)). 30792, May 12, 2000; 67 FR 58950, Sept. 18, 2002; 9. During hunting season the refuge is open 69 FR 54362, 54462, Sept. 8, 2004] from 11⁄2 hours before legal sunrise to 11⁄2 hours after legal sunset. We gate and lock the main entrance on the west side of the § 32.65 Vermont. Green River during closed hours. The following refuge units have been 10. We prohibit possession of a loaded fire- opened for hunting and/or fishing, and arm in your vehicle. You must unload, case, are listed in alphabetical order with or dismantle all firearms (see § 27.42 of this applicable refuge-specific regulations. chapter) when traveling through the refuge. B. Upland Game Hunting. We allow hunting MISSISQUOI NATIONAL WILDLIFE REFUGE of pheasants within Leota, Johnson, Bren- nan, and portions of Wyasket Bottoms (the A. Migratory Game Bird Hunting. We allow southern portion of Wyasket Bottom and all hunting of goose, duck, brant, merganser, of Woods Bottom are leased Ute Tribal lands coot, woodcock, and snipe in accordance that require special permitting by the Ute with State regulations subject to the fol- Tribe) in accordance with State regulations lowing conditions: subject to the following conditions: 1. Waterfowl—For the hunting of goose, 1. You may only possess approved nontoxic brant, duck, merganser, and coot we divide shot while in the field (see § 32.2(k)). the refuge into six discrete waterfowl hunt- 2. We prohibit hunting the islands and ing units: the Delta Lakeshore Area, the sandbars within the Green River. Saxes Pothole/Creek and Shad Island Area, 3. We prohibit hunting pheasants with a the Junior Waterfowl Hunting Area (includ- shotgun capable of holding more than three ing Long Marsh Bay, Patrick Marsh, and shells. Charcoal Creek), the Long Marsh Channel 4. We prohibit hunting of turkey and quail. and Metcalfe Island Area, and the Maquam C. Big Game Hunting. We allow hunting of Swamp Area. Conditions for each area are as mule deer within Leota, Johnson, Brennan, follows: and the northern portion of Wyasket Bottom i. Delta Lakeshore Area includes lakeshore (the southern portion of Wyaket Bottom and areas from Shad Island to the south side of all of Woods Bottom are leased Ute Tribal Martindale Point but does not include Saxes lands that require special permitting by the Pothole/Creek and Shad Island Pothole. Ute Tribe) in accordance with State regula- a. We prohibit blind staking, permanent tions subject to the following conditions: blinds, or unattended decoys. 1. You may hunt with the aid of a tem- b. We prohibit jump shooting within 200 porary tree stand that does not require drill- yards (180 m) of a party hunting from a boat ing or nailing into the tree. or blind. 2. You must remove your tree stand (see c. We do not require a refuge permit to § 27.93 of this chapter) no later than the last hunt in this area.

386

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.65

d. This area is available to youth water- at the Mac’s Bend Landing. When you sign fowl hunters on Youth Waterfowl Hunting out, another party may sign in and use the Weekend. vacated zone. You must sign out of a zone at e. We prohibit entering closed areas of the Mac’s Bend Landing prior to occupying a dif- refuge for any reason, except for the recov- ferent hunting site in any of the controlled ery of legally harvested animals, and in that hunting areas. case you may not carry a weapon (see g. You must hunt within 100 feet (30 m) of § 27.42(a) of this chapter). a numbered stake corresponding to your as- f. Unarmed hunters may scout open hunt- signed zone. We prohibit jump shooting. ing areas before a particular season opens h. You must use a retrieving dog. but in no case before September 1. We do not i. You may only possess approved nontoxic require a hunting permit for scouting. shot shells (see § 32.2(k)) in quantities of 25 or ii. Maquam Shore Area encompasses a 30- less per day. acre area along the lakeshore of Maquam j. This area is open on a first-come, first- Bay and is bounded by private land on the served basis to youth waterfowl hunters dur- west and a Vermont wildlife management ing the annual 2-day special Youth Water- area on the east. a. Conditions A1i(a–f) fowl Hunting Weekend conducted in late apply. September. We will hold no preseason draw- iii. Saaxes Pothole/Creek and Shad Island ing and assess no fee, however, youth hunt- Pothole encompasses Saxes Creek, Saxes ers must self-register and submit a report of Pothole, and Shad Island Pothole. This is a their hunt. controlled hunting area. We stake and make k. We prohibit entering closed areas of the available five zones (numbered 1–5) to five refuge for any reason, except for the recov- hunting parties in Saxe’s Pothole, zone 6 is ery of legally harvested animals, and in that staked and available to one hunting party in case we prohibit carrying a weapon (see Shad Island Pothole. § 27.42(a) of this chapter). a. A hunting party consists of the hunter l. Unarmed hunters may scout open hunt- named on the permit and one guest hunter ing areas before a particular season opens per zone per day. Nonhunters may accom- but in no case before September 1. We do not pany a hunting party. require a hunting permit for scouting. b. Each hunting party must possess and iv. Junior Waterfowl Hunting Area encom- carry a permit for the specific zone on the passes Long Marsh Bay, Patrick Marsh and specific day they are hunting in this area. that portion of Charcoal Creek south of Permits are not transferable. Vermont Route 78. This is a controlled hunt- c. You may obtain permits for the period ing area. We establish 11 blind sites for use from the opening day of duck hunting season by junior waterfowl hunters, blind sites 4–8 through the first Sunday of the duck hunting in Long Marsh Bay, blind sites C-F in Char- season, and for the second weekend of the coal Creek, and blind sites A-B in Patrick duck hunting season through application to Marsh. a preseason lottery. During the years when a. Junior waterfowl hunters (ages 12–15, in- the State elects to have a split season, you clusive, at the time of the hunt) following may also obtain your permits for the second successful completion of the annual training opening day through the following Sunday program (usually held the third or fourth through application to the preseason lottery. Saturday in August) vie for blind site assign- On all other hunt days, you must acquire ments during a lottery drawing at the con- permits through self-registration at the clusion of the training. The 11 blind sites are Mac’s Bend Landing no earlier than 2 hours available exclusively to these junior water- before legal shooting time on the day of the fowl hunters and their mentors the first 4 hunt. Saturdays and Sundays of the duck season. d. Hunters selected during the preseason b. As an incentive to the adult volunteers lottery must pay a $10 fee. The refuge must who serve as mentors to junior waterfowl receive the fee no earlier than 2 days before hunters, they will vie for blind site assign- the opening of the season or forfeit the per- ments during a lottery drawing at the con- mit, which we will then make available to clusion of the annual junior waterfowl other hunters on a first-come, first-served hunter training for the use of blind sites in basis. The fee is paid for any permit assigned the junior hunt area on the first Wednesday before the day of the hunt. There is no fee following the second weekend of the season. for any permit obtained on the day of the This day is known as Mentor Day. We will hunt. collect no fee from mentors for this hunt e. On those days that we draw permits by day. We will make available blinds not as- preseason lottery, hunters must sign in at signed because of this lottery to other adult the Mac’s Bend Landing by 7 a.m. before hunters via a preseason lottery. going to the assigned zone. After 7 a.m. other c. Following the use of the blind sites in hunters may sign in, self-register, and use this area by junior hunters and junior hunter unoccupied zones. mentors, all blind sites are then available to f. At the end of each daily hunt, you must all adult hunters by permit awarded via a sign out and deposit a report of hunt success preseason lottery for the second Wednesday

387

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.65 50 CFR Ch. I (10–1–06 Edition)

following the second weekend of the duck per blind site per day. Junior hunters may season; and on weekends following the junior not invite a guest hunter unless it another hunt by a first-come, first-served, self-reg- refuge-trained junior hunter. Nonhunters istration, and permitting basis at the refuge may accompany a hunting party. headquarters. q. You must use at least six decoys. d. Hunters, including junior hunters, with r. We prohibit entry to closed areas of the preregistered permits must sign in at refuge refuge for any reason, except for the recov- headquarters no later than 7 a.m. on the date ery of legally harvested animals, and in that of their scheduled hunt. After 7 a.m. other case you may not carry a weapon (see hunters may sign in, self-register, and use § 27.42(a) of this chapter). unoccupied blind sites. Only junior hunters s. Unarmed hunters may scout open hunt- may hunt on the first 4 Saturdays and Sun- days of the season. ing areas before a particular season opens e. Each junior hunter must possess and but in no case before September 1. We do not carry a free permit for the assigned blind require a hunting permit for scouting. site and day. On Mentor Day, mentors must v. Long Marsh Channel and Metcalfe Island also possess and carry this free permit for encompasses the Metcalfe Island Pothole and the assigned blind site. Each adult hunting Long Marsh Channel. This is a controlled party must possess and carry a permit for hunting area. We established three blind the blind site and day they are hunting. Per- sites, designated 1–3, in Long Marsh Channel. mits are not transferable. We established three blind sites, designated f. The mentor must accompany the junior 8–10, on Metcalfe Island. hunter who completed the training program a. We will limit hunting to Tuesdays, with him or her. We include the mentor on Thursdays, and Saturdays throughout the the permit assigned to the junior hunter. A waterfowl hunting season for duck. mentor may simultaneously oversee up to b. You may obtain permits for the first 5 two junior hunters at one blind site. days of the duck season through application g. Each adult hunter, except mentors on to a preseason lottery. The procedure de- Mentor Day, must pay $10 for each permit scribed in the Saxes Pothole/Creek and Shad issued because of the preseason lottery. Per- Island controlled hunt area apply. Following mits acquired by self-registration are free. the first 5 days, hunters may acquire permits h. Only junior hunters may discharge a on a first-come, first-served basis with self- firearm in this area during the junior hunt service permitting and sign in at the Mac’s periods. Bend Landing, no more than 2 hours before i. We allow and recommend hunting from legal shooting time. portable blinds and boat blinds constructed c. Hunters selected during the preseason and place by the refuge for the junior water- lottery must pay a $10 fee. The refuge must fowl hunting program at some of the blind receive the fee no less than 2 days before the sites. Junior hunters, with the approval of opening of the season or the permit will be the refuge manager, may construct sta- forfeited and made available first to standby tionary blinds and leave them in place for hunters identified at the time of the draw- the duration of the season. Otherwise, we ing, and second to other hunters on a first- prohibit permanent blinds. come, first-served basis. The fee is paid for j. All hunting must take place within 100 any permit assigned before the day of the feet (30 m) of the stake marking the blind hunt. There is no fee for any permit obtained area. We prohibit jump shooting. on the day of the hunt. k. This area is available to refuge-trained d. On those days that we draw permits by junior waterfowl hunters during the Youth preseason lottery, hunters must sign in at Waterfowl Hunting Weekend in late Sep- the Mac’s Bend Landing by 7 a.m. before tember. going to the assigned zone. After 7 a.m., l. Shooting hours are from legal opening other hunters may sign in, self-register, and time until 11 a.m. use unoccupied zones. m. Hunters must deposit the Hunt Success 1 Report portion of their permit at refuge e. Shooting hours will be from ⁄2 hour be- headquarters at the end of the hunt. fore legal sunrise until 11 a.m. n. A small flat-bottom boat, car-top boat, f. At the end of each daily hunt, you must or canoe is necessary for access to Charcoal sign out and deposit a report of hunt success Creek and Patrick Marsh blind sites. Access at the Mac’s Bend Landing. When a party is available at the Charcoal Creek crossing signs out, another party may sign in and use on Vermont Route 78 or from a pulloff on the vacated zone. Hunters must sign out of a Route 78 about 3/4 of a mile (1.2 km) east of zone at Mac’s Bend Landing prior to occu- the Charcoal Creek access. pying a different hunting site in any of the o. You may only possess approved nontoxic controlled hunting areas. shot shells (see § 32.2(k)) in quantities of 25 or g. You must hunt within 100 feet (30 m) of less per day. a numbered stake corresponding to your as- p. A hunting party consists of the hunter signed zone. named on the permit and one guest hunter h. You must use a retrieving dog.

388

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.65

i. You may only possess approved nontoxic Pool (as indicated by public hunting area shot shells (see § 32.2(k)) in quantities of 25 or signs), on Shad Island, on all refuge lands less per day. west of Tabor Road, and on all refuge lands j. We prohibit permanent blinds. between Tabor Road and the Central k. We prohibit jump shooting. Vermont Railroad bed to the east, except the l. You must use at least six decoys. marked area encompassing the headquarters m. You must use a boat to hunt at each of nature trail and the land east of Charcoal these blind sites. Creek and north of the marked boundary n. This area is open on a first-come, first- near Coleman’s inholding. We mark the served basis to youth waterfowl hunters dur- headquarters trail area with ‘‘No Hunting ing the annual 2-day special Youth Water- Zone’’ signs. fowl Hunting Weekend conducted in late 3. We only allow shotguns or muzzleloaders September. We will hold no preseason draw- on open areas east of the Missisquoi River ing and assess no fee, however, youth hunt- and on Shad Island. ers must self-register and submit a report of 4. You must use approved nontoxic shot their hunt. (see § 32.2(k)) for the shotgun hunting of all o. We will close this area to waterfowl upland game species except deer. hunting during split seasons when goose are 5. We prohibit hunting from the end of the only waterfowl that hunters may legally snowshoe hare and rabbit season through take. September 1. p. We prohibit entry to closed areas of the 6. We require you to submit an annual re- refuge for any reason, except for the recov- port of the results of your hunt by December ery of legally harvested animals, and in that 31. Failure to do so will result in denial of a case you may not carry a weapon (see § 27.42 permit the following year. of this chapter). 7. We prohibit entry into closed areas of q. Unarmed hunters may scout open hunt- the refuge for any reason, except for the re- ing areas before a particular season opens covery of legally harvested animals, and in but in no case before September 1. We do not that case you may not carry a weapon (see require a hunting permit for scouting. § 27.42(a) of this chapter). vi. Marquam Swamp Area encompasses 8. Unarmed hunters may scout open hunt- about 200 acres (80 ha) west of the Central ing areas before a particular season opens Vermont Railroad and south of Coleman’s but in no case before September 1. We do not inholding and is open to migratory bird require a hunting permit for scouting. hunting with the following special require- C. Big Game Hunting. We allow hunting of ments: white-tailed deer in accordance with State a. Conditions A1ia and A1ic through A1 if regulations subject to the following condi- apply. tions; b. You must use a retrieving dog. 1. We prohibit hunting of bear, moose, or c. We prohibit hunting within the area en- turkey. compassing the headquarters nature trail. 2. You must obtain a permit at refuge We identify this area with ‘‘No Hunting headquarters prior to hunting, and you must Zone’’ signs. hold a valid State hunting license. We will 2. Other migratory birds (including collect a $10 fee for each permit issued. The woodcock and common snipe): permit applies for the calendar year of issue. i. The open area consists of the Delta Permits issued to youth hunters (licensed Lakeshore Waterfowl Hunting Area exclud- hunters age 16 and under) for the Youth Deer ing the Saxe’s Creek/Pothole and Shad Island Hunting Weekend are free. Pothole controlled areas. 3. You may pursue deer during State-des- ii. You may hunt woodcock and snipe in ignated archery and regular firearms sea- the Maquam Swamp Area, but you must sons: east of the Missisquoi River and north have a retriever. of Goose Bay Pool (as indicated by public iii. We do not require a permit to hunt hunting area signs), on Shad Island, on all woodcock and snipe in these areas. refuge lands west of Tabor Road, and on all iv. Conditions A1ie and A1if apply. refuge lands between Tabor Road and the B. Upland Game Hunting. We allow hunting Central Vermont Railroad bed to the east, of cottontail rabbits, snowshoe hare, ruffed except the marked safety zone encompassing grouse, and gray squirrels on open areas of the headquarters nature trail and the land the refuge (designated in B2 below) in ac- east of Charcoal Creek and north of the cordance with State regulations subject to marked boundary near Coleman’s inholding. the following conditions: 4. We only allow shotguns, muzzleloaders, 1. You must obtain a permit at refuge or archery equipment on open areas east and headquarters prior to hunting, and you must north of Vermont Route 78. We prohibit ri- hold a valid State hunting license. We will fles in these areas at any time. collect a $10 fee for each permit issued. The 5. During the State-designated muzzle- permit applies for the calendar year of issue. loader season and Youth Deer Hunting Week- 2. You may pursue upland game: east of the end, you may hunt the entire area north of Missisquoi River and north of Goose Bay the line of public hunting area signs west of

389

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.66 50 CFR Ch. I (10–1–06 Edition)

Mudgett Island, and all of Metcalfe Island, in refuge Special Use Permit that will contain addition to the open areas described in C3 the following special conditions: above. i. We require a $35 fee for the Special Use 6. During the State regular firearms sea- Permit. son, Youth Deer Hunting Weekend, and muz- ii. The permittee must possess and carry a zleloader big game season, you must wear in Commercial Bait Dealer’s Permit from the a visible manner on head, chest, and back a Vermont Commissioner of Fish. minimum of 400 square inches (2,600 cm2) of iii. Excessive fish mortality and waste, as solid-colored, hunter-orange clothing or ma- determined by the refuge manager, will re- terial. sult in revocation of the Special Use Permit 7. You may use portable tree stands in ac- and denial of future permit applications. cordance with State regulations guiding iv. The permittee must remove all traps their use on State Wildlife Management and holding cages (see § 27.93 of this chapter) Areas. We require written approval from the within 1 week of permanent freeze up. refuge manager on your big game hunting v. The Special Use Permit must be in the permit prior to leaving a stand or blind unat- possession of the permittee or an employee tended. We prohibit permanent stands and of the permitee on site while on the refuge blinds (see § 27.93 of this chapter). and is not transferable to another individual 8. Conditions B6, B7, and B8 apply. or party. D. Sport Fishing. We allow fishing on areas vi. The Special Use Permit does not grant described below in accordance with State or imply permission to obstruct any refuge regulations subject to the following condi- road, parking area, boat launch, or waterway tions: at any time. 1. We allow sport fishing by boat in the vii. The permittee must keep all equip- west branch, east branch and main channel ment used clean so as not to introduce of the Missisquoi River, Dead Creek, and aquatic nuisance species. The permittee shallow water areas of the Missisquoi River must not clean or empty tanks and other delta from Goose Bay to Charcoal Creek equipment used into refuge waters. (north of Vermont Route 78) with the fol- viii. Failure to comply with conditions of lowing exceptions: the Special Use Permit will result in its rev- i. We close the following areas from ice out ocation and the denial of future permit ap- to July 15—Goose Bay, Saxes Creek and Pot- plications. hole, Metcalfe Island Pothole, Long Marsh Channel, and Clark Marsh. [58 FR 5064, Jan. 19, 1993, as amended at 58 ii. We close the following areas from Labor FR 29077, May 18, 1993; 60 FR 62047, Dec. 4, Day to December 31—Long Marsh Bay and 1995; 61 FR 46399, Sept. 3, 1996; 65 FR 30792, Long Marsh Channel. May 12, 2000; 65 FR 56409, Sept. 18, 2000; 69 FR 2. We allow bank fishing along Charcoal 54362, 54462, Sept. 8, 2004] Creek where it passes under Route 78, and along the shoreline of the Missisquoi River § 32.66 Virginia. from refuge headquarters to Mac’s Bend boat The following refuge units have been launch. Bank fishing is accessible only by opened for hunting and/or fishing, and foot along the Missisquoi River from Louie’s are listed in alphabetical order with Landing to Mac’s Bend. 3. We prohibit fishing from any dike or applicable refuge-specific regulations. from within any water management unit or BACK BAY NATIONAL WILDLIFE REFUGE any other area not specifically designated as being open under D1 and D2 above. A. Migratory Game Bird Hunting. [Reserved] 4. We allow ice fishing in open areas de- B. Upland Game Hunting. [Reserved] scribed in D1 above. C. Big Game Hunting. We allow hunting of 5. We allow bow fishing from a boat on ref- white-tailed deer and feral hogs on des- uge waters that are open to fishing as de- ignated areas of the refuge in accordance scribed in D1 above. with State regulations subject to the fol- 6. We prohibit taking fish with firearms lowing conditions: within refuge boundaries. 1. We close the refuge to all other public 7. We allow boat launching from Louie’s uses beginning at legal sunrise on the first Landing year-round. We allow boat launch- Saturday of October through legal sunset of ing from Mac’s Bend boat launch area from the following Saturday. September through November inclusive. 2. We require a Special Use Hunting Per- 8. Anglers may collect minnows in accord- mit. You must carry the signed permit on ance with State regulations from refuge open your person while hunting. We issue permits fishing areas for personal use. We prohibit on the day of the hunt at the Refuge Check collection of more than 2 quarts (1.9 l) per Station. day from the refuge. 3. We only allow shotguns 20 gauge or larg- 9. We authorize commercial bait dealers to er (loaded with buckshot or rifled slugs) and take and transport minnows in excess of 2 bow and arrow. We prohibit possession of quarts (1.9 l) per day only after acquiring a loaded firearms (see § 27.42 of this chapter) or

390

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00400 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.66

nocked arrows on refuge roads and Refuge 1. We close all areas within the hunting Proclamation Waters. zones, as well as the refuge oceanfront, to 4. We prohibit the use of dogs to hunt deer fishing, crabbing, and clamming during the or feral hog. annual refuge white-tailed deer and feral hog 5. You must be at least age 18 to hunt with- hunt, beginning at legal sunrise on the first out an accompanying, qualified adult. Saturday in October through legal sunset of Youths between ages 12 and 18 may only the following Saturday. hunt when accompanied by a licensed non- 2. You must attend all fishing lines and hunting adult who is age 21 or older. crab pots at all times. 6. You must visibly wear a minimum of 400 3. We prohibit on-site cleaning of fish. square inches (2,600 cm2) of solid-colored, 4. We prohibit the taking of amphibian, blaze-orange material on your head, chest, reptile, marine mammal, aquatic inverte- and back (the equivalent of a hat and vest brate, or any other marine organism from for each hunter). refuge lands or waters. 7. We reserve Hunting Zone 5 for use by 5. We allow sportfishing, crabbing, and nonambulatory hunters. We define a ‘‘non- clamming access to Back Bay from the ref- ambulatory’’ hunter as ‘‘any person who pre- uge headquarters parking lot only by foot, sents a medical doctor’s written statement bicycle, and hand-launched, nontrailered that said person is permanently unable to boat. 6. We only allow surf fishing, crabbing, and walk.’’ Zone 5 will be available to the gen- clamming south of the refuge’s beach access eral public only when nonambulatory hunt- ramp. ers are not present. 7. For sportfishing in D Pool and at Horn 8. We will decide reservations for hunt days Point: and zones by a computerized lottery at the i. We only allow fishing from the docks or refuge headquarters in mid-September. You banks. We prohibit boats, canoes, or kayaks may obtain a hunt application by calling the on refuge pools and impoundments. Back Bay Refuge headquarters at (757) 721– ii. We prohibit live minnows or other live 2412 during August. bait fish for fishing in refuge pools and im- 9. We restrict scouting to the week prior to poundments. the refuge hunt. We restrict access to hunt- iii. We require barbless or flattened hooks ing zones to travel by bicycle or on foot. for all fishing. Scouts must wear 400 square inches (2,600 iv. Smallmouth bass, largemouth bass, and cm2) of visible blaze orange. We prohibit pickerel are catch-and-release only. The weapons see § 27.42(a) of this chapter) during daily creel limit for D Pool for other species scouting. Scouts must notify refuge staff is a maximum combination of any 10 fish. daily prior to both entering and leaving a v. Parking for mobility-impaired visitors hunt zone. is available adjacent to the dock at D Pool. 10. You must register at the Refuge En- We require all other visitors to hike or bicy- trance Fee Booth between 4 a.m. and 5 a.m. cle. on the day of the hunt. After 5 a.m., we will allow standby hunters to fill vacant slots in CHINCOTEAGUE NATIONAL WILDLIFE REFUGE a separate lottery. All hunters must check A. Migratory Game Bird Hunting. We allow out at the Check Station no later than 6 p.m. hunting of migratory duck, goose, swan, 11. Transportation to Hunt Zone 7 (Long Is- coot, and rail on Thursdays, Fridays, and land) is only by car-top boat (canoe, punt, Saturdays during the State seasons on des- row-boat, etc.) or from the canoe/kayak ignated areas of the refuge within Wildcat launch at refuge headquarters. Hunter-pro- Marsh, Morris Island, Assawoman Island, vided boats must meet Coast Guard safety and Metompkin Island Divisions in accord- requirements. We prohibit boats on trailers. ance with State regulations subject to the 12. A Safety Zone runs from the Check Sta- following conditions: tion to north of the headquarters parking 1. You must possess and carry while hunt- lot. We prohibit hunting or discharging of ing on the refuge written authorization from firearms/bow and arrows within the Safety the refuge. You may obtain hunting bro- Zone. We prohibit retrieval of crippled game chures containing an application for permis- from a No Hunting Area or Safety Zone sion to hunt from the refuge administration without the consent of the refuge employee building during normal business hours. The on duty at the Check Station. refuge administration office has available 13. You must use safety belts at all times hunting brochures containing application while you are in a tree stand. procedures, seasons, bag limits, methods of 14. We close the ‘‘Hacking Tower’’ in Hunt hunting, maps depicting areas open to hunt- Zone 3 to public access. ing, and the terms and conditions under D. Sport Fishing. We allow fishing, non- which we issue hunting permits. commercial crabbing, and clamming on des- 2. Each youth hunter (under age 18) must ignated areas of the refuge in accordance remain within sight and normal voice con- with State regulations subject to the fol- tact and under direct supervision of an adult lowing conditions: age 18 or older. The supervising adult must

391

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00401 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.66 50 CFR Ch. I (10–1–06 Edition)

also possess and carry a State hunting li- i. We allow hunting of white-tailed deer cense and a refuge permit. and sika with bow and arrow in designated 3. You may only access hunting areas by areas of the refuge. boat. ii. You may not nock an arrow within 50 4. You may only possess approved nontoxic feet (15 m) of the centerline of any road. shot (see § 32.2(k)) while hunting duck, goose, iii. During the sika archery season, you swan, coot, and rail. may take up to five sika daily, two of which 5. You may erect portable blinds and de- may be antlered. In addition, you may take ploy decoys, but you must remove the blinds antlerless white-tailed deer in accordance and decoys (see § 27.93 of this chapter) daily. with State regulations. 6. You may use trained dogs to assist in iv. We prohibit deer drives. the retrieval of harvested birds. v. You must print your full name in a per- 7. You must complete a harvest report manent manner near the fletching on each card, provided by the refuge, after each hunt arrow shaft used for hunting. period. You must return the harvest report vi. We reserve Zone 2 for hunters confined card to the refuge within 15 days of your per- to wheelchairs. Hunters confined to wheel- mitted hunt. chairs must remain on the paved trail or B. Upland Game Hunting. [Reserved] overlook platform on Woodland Trail. Hunt- C. Big Game Hunting. We allow hunting of ers confined to wheelchairs who require as- white-tailed deer and sika in designated sistance retrieving or dressing harvested ani- areas of the refuge in accordance with State mals must have a nonhunting assistant regulations subject to the following condi- available. tions: 3. Firearm hunt information: 1. General hunt information: i. We allow hunting of white-tailed deer i. You must possess and carry a refuge per- and sika with firearms in designated areas of mit. We issue the permits based on a com- the refuge. puter lottery system. You may obtain per- ii. You must wear a minimum of 400 square mit applications from the refuge administra- inches (2,600 cm2) of visible blaze-orange mation office during normal business hours. terial consisting of a vest and hat or a jacket Hunting brochures containing hunting appli- and hat. cation procedures, seasons, bag limits, meth- iii. You may use any firearm allowed by ods of hunting, maps depicting areas open to State law in designated areas of the refuge. hunting, and the terms and conditions under We restrict other areas of the refuge to shot- which we issue hunting permits are available gun and muzzleloading firearms only. We re- from the refuge administration office. strict shotgun ammunition to slugs, 00 buck- ii. You must be age 12 or older to hunt on shot, or 000 buckshot. You must unload and the refuge. An adult age 18 or older must ac- either case or disassemble firearms (see company hunters under age 18. The super- § 27.42(b) of this chapter) in vehicles. vising adult must also possess and carry a iv. We prohibit possession of a loaded fire- State hunting license and refuge permit. arm within 50 feet (15 m) of the centerline of iii. You must attend a hunt orientation. any road. We conduct orientations beginning at 10 a.m. v. During the sika firearm season, you may Sundays and Wednesdays throughout the take up to five sika daily, two of which may hunt season. We allow scouting from 11 a.m. be antlered. In addition, hunters may take to 6 p.m. following each orientation. antlerless white-tailed deer in accordance iv. You must sign in at the hunter registra- with State regulations on the first day of tion station prior to entering your hunt zone designated white-tailed deer hunt periods. If and sign out upon exiting your hunt zone. you take an antlerless white-tailed deer on All hunters must sign out no later than 2 the first day of your hunt, you may take ant- hours after the end of the hunt day. lered white-tailed deer or any sika, not to v. You must check all harvested animals at exceed prescribed bag limits, on the second the refuge’s official check station. day of your hunt period. If you do not take vi. You must make a reasonable effort to an antlerless white-tailed deer on the first recover wounded animals from the field and day of your hunt period, you may only take must notify the check station personnel im- antlerless white-tailed deer or any sika, not mediately if you are not able to recover a to exceed prescribed bag limits, on the sec- wounded animal. ond day of your hunt period. vii. We prohibit crossing water manage- vi. You must have a 4-wheel drive vehicle ment areas unless you are retrieving a har- to hunt in zones 10, 10a, and Tom’s Cove vested animal. Hook. All oversand vehicles must carry a viii. We prohibit use of a boat, all-terrain shovel, jack, tow rope or chain, board or vehicle, bicycle, or saddled animal to access similar support for the jack, and a low pres- or travel within your hunt zone (see § 27.31(f) sure tire gauge. of this chapter). vii. We reserve zone 2 for hunters confined ix. We allow the use of a portable tree to wheelchairs. Those hunters must remain stand. on the paved trail or overlook platform on 2. Archery hunt information: Woodland Trial. They may use any firearm

392

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00402 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.66

allowed by State law while hunting from the 11. During the firearm hunt, you must wear overlook platform. We restrict other areas of a minimum of 400 square inches (2,600 cm 2) of the zone to shotgun and muzzleloading fire- a blaze-orange material consisting of a hat arms only. Hunters confined to wheelchairs and vest or jacket. Blaze-orange camouflage who require assistance retrieving and/or is not acceptable. dressing harvested animals must have a non- 12. You must unload and case or dis- hunting assistant available. assemble firearms see § 27.42(b) of this chap- D. Sport Fishing. We allow sport fishing, ter) in vehicles. crabbing, and clamming from the shoreline D. Sport Fishing. [Reserved] of the refuge in designated areas of Tom’s Cove, Swan’s Cove, and the Atlantic Ocean GREAT DISMAL SWAMP NATIONAL WILDLIFE in accordance with State regulations subject REFUGE to the following conditions: A. Migratory Game Bird Hunting. [Reserved] 1. You may not enter any water manage- B. Upland Game Hunting. [Reserved] ment areas. C. Big Game Hunting. We allow hunting of 2. You must attend minnow traps, crab deer and bear on designated areas of the ref- traps, crab pots, and handlines at all times. uge in accordance with State regulations 3. You must possess and carry a refuge per- subject to the following conditions: mit to surf fish after hours while fishing. 1. You must possess and carry a refuge per- EASTERN SHORE OF VIRGINIA NATIONAL mit. WILDLIFE REFUGE 2. We allow shotguns, 20 gauge or larger, loaded with buckshot and/or rifled slugs, and A. Migratory Game Bird Hunting. [Reserved] bows and arrows. B. Upland Game Hunting. [Reserved] 3. We prohibit dogs. C. Big Game Hunting. We allow archery and 4. We require all hunters to wear 400 square shotgun hunting of white-tailed deer on des- inches (2,600 cm 2) of solid-colored, hunter-or- ignated areas of the refuge in accordance ange clothing or material in a visible man- with State regulations subject to the fol- ner during firearms big game season. lowing conditions: 5. We require hunters to sign in and out 1. There are 12 days of archery and 7 days each hunt day. of shotgun hunting that occur during the 6. We prohibit possession of loaded fire- State hunting season. arms (see § 27.42 of this chapter) (ammunition 2. You must hunt white-tailed deer in des- in the chamber, magazine, or clip), or loaded ignated zones. You must possess and carry a bow on or within 50 feet (15 m) of a refuge refuge permit to hunt that serves as your road, including roads closed to vehicles. pass to enter your hunt zone. The permit fee 7. We prohibit hunters to shoot onto or is $15.00 for each hunt. across refuge roads, including roads closed to 3. You must be at least age 18 to hunt with- vehicles. out an accompanying, qualified adult. Youth D. Sport Fishing. We allow fishing in des- hunters between ages 12 and 17 may only ignated areas of the refuge in accordance hunt when accompanied by an adult age 21 or with State regulations subject to the fol- older who must possess and carry a valid lowing conditions: hunting license. The minimum age for hunt- 1. We only allow fishing in Lake Drum- ers is 12. mond and in the Feeder Ditch on the east 4. You must sign in before entering the side of Lake Drummond during daylight hunt zone and sign out upon leaving the hours. zone. 2. We prohibit bank fishing. 5. We allow portable tree stands, but you 3. You must attend all fishing lines. must remove them (see § 27.93 of this chapter) 4. We require permits for vehicular access at the end of each day. You must use safety to the boat ramp on Interior Ditch Road on straps while in tree stands. We prohibit tree the west side of Lake Drummond. stands attached with nails, wire, screws, or bolts (see § 32.2(i)). JAMES RIVER NATIONAL WILDLIFE REFUGE 6. You must bring all deer harvested to the refuge check station before the end of hunt A. Migratory Game Bird Hunting. [Reserved] day for inspection by refuge personnel. B. Upland Game Hunting. [Reserved] 7. We prohibit the use of organized drives C. Big Game Hunting. We allow hunting of for taking or attempting to take game. white-tailed deer on designated areas of the 8. We prohibit nocked arrows in your vehi- refuge in accordance with State regulations cle or outside your hunt zone. subject to the following conditions: 9. For the firearm hunt, we allow shotgun 1. We require firearm hunters to purchase hunting in zones 1–4. We allow archery hunt- a refuge hunt permit at the Refuge Hunter ing in zone 5 during the firearm season. Check Station on the morning of each hunt 10. We only allow shotguns, 20 gauge or on a first-come, first-served basis. The larger, loaded with buckshot during the fire- hunter must possess and carry the permit arm season. while on refuge property.

393

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00403 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.66 50 CFR Ch. I (10–1–06 Edition)

2. We require archery hunters to purchase D. Sport Fishing. We allow fishing on des- a refuge hunt permit by mail by the designated areas of the refuge subject to the fol- ignated application deadline. The hunter lowing conditions: must possess and carry the permit while on 1. We allow fishing only from sunrise to refuge property. sunset from March 15 through October 15. 3. We allow the use of shotguns (20 gauge or 2. You must attend all fishing lines. larger, loaded with buckshot only), 3. We do not allow airboats. muzzleloaders, and bows and arrows on designated refuge hunt days. MASON NECK NATIONAL WILDLIFE REFUGE 4. You may take two deer of either sex per A. Migratory Game Bird Hunting. [Reserved] day. B. Upland Game Hunting. [Reserved] 5. We prohibit dogs. C. Big Game Hunting. We allow hunting of 6. We only allow portable tree stands that deer on designated areas of the refuge in ac- you must remove (see § 27.93 of this chapter) cordance with State and County regulations at the end of each hunt day. subject to the following conditions: 7. During firearms season, all hunters must 1. You must possess and carry a refuge per- wear in a visible manner on head, chest, and mit. back a minimum of 400 square inches (2,600 2. We select hunters by lottery. Contact cm2) of solid-colored, hunter-orange clothing the refuge office for information on applica- or material. tion dates. 8. During archery only season, archers 3. We send applicants an information pack- must wear in a visible manner a solid-col- et detailing specific dates, details, and re- ored, hunter-orange hat or cap while moving quirements for the hunt, including, but not to and from their stand. limited to: hunt dates, hunt areas, bag re- 9. We require that firearm hunters remain strictions, weapon certification require- within 25 feet (7.5 m) of their assigned stand ments and locations, orientation dates/ unless tracking or retrieving a wounded times, scouting date(s), check station loca- deer. tion, and maps. 10. We allow hunters to retrieve wounded 4. Hunters must certify/qualify weapons deer from closed areas with prior consent and ammunition and attend an orientation from a refuge employee only. session prior to issuance of a permit. 11. We require hunters to unload all weap- 5. Hunters must wear a minimum of 400 2) of visible solid ons while on the refuge (see § 27.42(b) of this square inches (2,600 cm hunter-orange clothing and a hunter-orange chapter), except when at their assigned hat. stand. 6. We may close areas of the refuge to 12. We prohibit the discharge of firearm or hunting. We will identify these areas on the archery equipment across or within refuge maps in the information packet and review roads, including roads closed to vehicles. them during orientation. 13. You must be at least age 18 to hunt D. Sport Fishing. [Reserved] without an accompanying, qualified adult. Youth hunters between ages 12 and 17 may OCCOQUAN BAY NATIONAL WILDLIFE REFUGE only hunt when accompanied by an adult age 21 or older, who must also possess and carry A. Migratory Game Bird Hunting. [Reserved] a valid hunting license. The minimum age B. Upland Game Hunting. [Reserved] for hunters is 12. C. Big Game Hunting. We allow hunting of D. Sport Fishing. [Reserved] deer on designated areas of the refuge in accordance with State and County regulations MACKAY ISLAND NATIONAL WILDLIFE REFUGE subject to the following conditions: 1. You must possess and carry a refuge per- A. Migratory Game Bird Hunting. [Reserved] mit. B. Upland Game Hunting. [Reserved] 2. We select hunters by lottery. Contact C. Big Game Hunting. We allow hunting of the refuge office for information on applica- deer on designated areas of the refuge in action dates. cordance with State regulations subject to 3. We send applicants an information pack- the following conditions: et detailing specific dates, details, and re- 1. Hunters must sign and carry a Refuge quirements for the hunt, including, but not Deer Hunting Permit while hunting on the limited to: hunt dates, hunt areas, bag re- refuge. strictions, weapon certification require- 2. We allow the use of shotguns, muzzle- ments and locations, orientation dates/ loading rifles/shotguns, and bows. We pro- times, scouting date(s), check station loca- hibit the use of all other rifles and pistols. tion, and maps. 3. We allow access to hunting areas from 5 4. Hunters must certify/qualify weapons a.m. until 8 p.m. and ammunition and attend an orientation 4. We prohibit marking of trees or vegeta- session prior to issuance of a permit. tion (see § 27.51 of this chapter) with blazes, 5. Hunters must wear a minimum of 400 flagging, or other marking devices. square inches (2,600 cm 2) of visible solid

394

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00404 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.66

hunter-orange clothing and a hunter-orange PRESQUILE NATIONAL WILDLIFE REFUGE hat. A. Migratory Game Bird Hunting. [Reserved] 6. We may close areas of the refuge to B. Upland Game Hunting. [Reserved] hunting. We will identify these areas on the C. Big Game Hunting. We allow hunting of maps in the information packet and review white-tailed deer on designated areas of the them during orientation. refuge in accordance with State regulations D. Sport Fishing. [Reserved] subject to the following conditions: 1. We require hunters to purchase a refuge PLUM TREE ISLAND NATIONAL WILDLIFE hunt permit. You may obtain permits by REFUGE contacting the Charles City office at (804) A. Migratory Game Bird Hunting. We allow 829–9020. The hunter must possess and carry hunting of waterfowl, gallinule, and coot on the signed permit while on refuge property. designated areas of the refuge in accordance 2. We allow the use of shotguns (20 gauge or with State regulations subject to the fol- larger, loaded with buckshot and/or rifled lowing conditions: slugs). 1. You must possess and carry a signed 3. You may take two deer of either sex per Special Use Hunting Permit while hunting day. waterfowl on the refuge. We only open the 4. We prohibit dogs. Cow Island area of the refuge to waterfowl 5. We allow only portable tree stands that hunting. We close all other areas of the ref- hunters must remove at the end of each hunt uge to all public entry. day (see §§ 27.93 and 27.94 of this chapter). 2. We limit hunting parties to three indi- 6. We require hunters to wear in a con- viduals hunting at one blind site. spicuous manner on head, chest, and back a 3. You may hunt from: the location of your minimum of 400 square inches (2,600 cm2) of choice, unimproved shore locations, camou- solid-colored, hunter-orange clothing or ma- flaged boats (float blinds) anchored to the terial. shore, or temporary blinds erected on the in- 7. We require hunters to remain within 25 terior of the island. feet (7.5 m) of their designated stand unless 4. We prohibit permanent blinds/structures tracking or retrieving a wounded deer. on the refuge. 8. We require all hunters to unload all fire- 5. We prohibit jump-shooting. arms while on the refuge, except when at 6. Except for peak use days, we restrict wa- their assigned stand (see § 27.42(b) of this terfowl hunting to three mornings per week: chapter). Tuesday, Thursday, and Saturday mornings 9. You must be at least age 18 to hunt with- until 12 p.m. (noon) local time. We prohibit out an accompanying, qualified adult. Youth hunting on Sundays, Mondays, Wednesdays, hunters between ages 12 and 17 may only and Fridays. hunt when accompanied by an adult age 21 or 7. On all hunt days, hunters must retrieve older who must also possess and carry a and remove all decoys, temporary blinds, and valid hunting license. The minimum age for equipment and leave Cow Island by 1 p.m. hunters is 12. (see §§ 27.93 and 27.94 of this chapter). D. Sport Fishing. [Reserved] 8. We define peak use days as the waterfowl season opening days and some Federal holi- RAPPAHANNOCK RIVER VALLEY NATIONAL days. We will define peak use dates for the WILDLIFE REFUGE current season after the State establishes its A. Migratory Game Bird Hunting. [Reserved] waterfowl hunting season(s). B. Upland Game Hunting. [Reserved] 9. You must secure reservations by tele- C. Big Game Hunting. We allow hunting of phone (call 804–829–9020 weekdays between 8 white-tailed deer on designated areas of the a.m. and 4:30 p.m.) no more than 4 workings refuge in accordance with State regulations days prior to your desired hunt date. We will subject to the following conditions: issue the first five callers for those days a 1. We require hunters to purchase a refuge reservation number that they must possess hunt permit. You may obtain permits by and carry while hunting on their reserved contacting the refuge headquarters at (804) date. 333–1470. The hunter must possess and carry 10. No more than two other hunters may the permit while on refuge property. accompany hunters with reservations, and 2. We allow shotgun, muzzleloader, and they must hunt as a party from the same archery hunting on designated refuge hunt blind. days. 11. Youth Waterfowl Hunt Day: We will 3. We allow the take of two deer of either open Cow Island for the youth waterfowl sex per day. hunt as per State regulations. Youth hunters 4. We prohibit dogs. must also possess and carry a signed refuge 5. We allow only portable tree stands that Special Use Hunting Permit. hunters must remove at the end of each hunt B. Upland Game Hunting. [Reserved] day (see §§ 27.93 and 27.94 of this chapter). C. Big Game Hunting. [Reserved] 6. During firearm seasons, all hunters must D. Sport Fishing. [Reserved] wear in a visible manner on head, chest, and

395

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00405 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.67 50 CFR Ch. I (10–1–06 Edition)

back a minimum of 400 square inches (2,600 1. You must possess and carry a refuge per- cm2) of solid-colored, hunter-orange clothing mit. We issue permits based on a computer or material. lottery system. You may obtain permit ap- 7. During archery only season, archers plications from the refuge administration of- must wear in a visible manner a solid-col- fice during normal business hours. Hunting ored, hunter-orange hat or cap while moving brochures containing application procedures, to and from their stand. seasons, and maps depicting areas open to 8. We prohibit the possession of loaded fire- hunting are available from the refuge admin- arms or nocked arrows while on the refuge istration office. You must provide an unob- roads. structed view of the refuge permit on the ve- 9. We require hunters to unload all weap- hicle’s dashboard while hunting on the ref- ons while traveling between the hunting uge. sites (see § 27.42(b) of this chapter). 2. You must be age 12 or older to hunt on 10. We prohibit the discharge of a firearm the refuge. An adult age 18 or older must ac- or archery equipment across or within refuge company and directly supervise hunters roads, including roads closed to vehicles. under age 18. The supervising adult must 11. We allow hunters to retrieve wounded also possess and carry a State hunting li- deer from closed areas only with prior con- cense and refuge permit. sent from a refuge employee. 3. You must sign in at the hunter registra- 12. You must be at least age 18 to hunt tion station prior to entering your hunt zone without an accompanying, qualified adult. and sign out upon exiting your hunt zone. Youth hunters between ages 12 and 17 may You must sign out no later than two hours only hunt when accompanied by an adult age after the end of the hunt day. 21 or older who must also possess and carry 4. You must wear a minimum of 400 square a valid hunting license. The minimum age inches (2,600 cm 2) of blaze-orange material for hunters is 12. consisting of a vest and hat or a jacket and D. Sport Fishing. We allow fishing on des- hat. ignated areas of Wilna Pond in Richmond 5. You may use of portable tree stands. County subject to the following conditions: 1. We allow fishing access from legal sun- 6. We prohibit dogs. rise to legal sunset. 7. You must park your vehicle in des- 2. We allow fishing from the Wilna Pond ignated areas (see § 27.31 of this chapter). pier, banks of the dam, and watercraft. We D. Sport Fishing. [Reserved] prohibit fishing from the aluminum catwalk. [58 FR 5064, Jan. 19, 1993, as amended at 58 3. During the period when we open the FR 29077, May 18, 1993; 58 FR 29085, May 18, Wilna Tract for deer hunting, we will close it 1993; 59 FR 6686, Feb. 11, 1994; 60 FR 62048, to all other uses, including fishing. Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996; 62 FR 4. We prohibit fishing by any means other 47383, Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; than by use of one or more attended poles 65 FR 30792, May 12, 2000; 65 FR 56409, Sept. with hook and line attached. 18, 2000; 67 FR 58951, Sept. 18, 2002; 68 FR 5. We prohibit the use of lead sinkers. 57318, Oct. 2, 2003; 69 FR 54362, 54465, Sept. 8, 6. We require catch and release fishing only 2004; 70 FR 54194, Sept. 13, 2005] for largemouth bass. Anglers may take other finfish species in accordance with State regulations. § 32.67 Washington. 7. We prohibit the take of any reptile, am- The following refuge units have been phibian, or invertebrate species for use as opened for hunting and/or fishing, and bait or for any other purpose. are listed in alphabetical order with 8. We prohibit the use of live minnows as applicable refuge-specific regulations. bait. 9. We prohibit use of boats propelled by COLUMBIA NATIONAL WILDLIFE REFUGE gasoline motors, sail, or mechanically operated paddle wheel. We only permit car-top A. Migratory Game Bird Hunting. We allow boats; and we prohibit trailers. hunting of goose, duck, coot, and Wilson’s 10. Prescheduled environmental education snipe on designated areas of the refuge in ac- field trips will have priority over other uses, cordance with State regulations subject to including sport fishing, on the Wilna Pond the following conditions: pier at all times. 1. We only allow hunting on Wednesdays, Saturdays, Sundays, and Federal holidays on WALLOPS ISLAND NATIONAL WILDLIFE REFUGE Marsh Unit 1 and Farm Units 226–227. A. Migratory Game Bird Hunting. [Reserved] 2. Prior to entering the Farm Unit 226–227 B. Upland Game Hunting. [Reserved] hunt area, we require you to possess and C. Big Game Hunting. We allow hunting of carry a refuge permit, pay a recreation user white-tailed deer in designated areas of the fee, and obtain a blind assignment. refuge in accordance with State regulations 3. You may not shoot or discharge any fire- subject to the following conditions: arm from, across, or along a public highway,

396

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00406 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.67

designated route of travel, road, road shoul- the following condition: Condition A2 ap- der, road embankment, or designated park- plies. ing area. D. Sport Fishing. [Reserved] B. Hunting of Upland Game Birds. We allow hunting of ring-necked pheasant, California DUNGENESS NATIONAL WILDLIFE REFUGE quail, gray partridge, and chukar on designated areas of the refuge in accordance A. Migratory Game Bird Hunting. [Reserved] with State regulations subject to the fol- B. Upland Game Hunting. [Reserved] lowing conditions: C. Big Game Hunting. [Reserved] 1. We only allow hunting of upland game D. Sport Fishing. Anglers may salt water birds during State upland game seasons that fish in designated areas of the refuge. run concurrently with the State waterfowl season. HANFORD REACH NATIONAL MONUMENT/SAD- 2. We allow hunting from 12 p.m. (noon) to DLE MOUNTAIN NATIONAL WILDLIFE REF- legal sunset on Wednesdays, Saturdays, Sun- UGE days, and Federal holidays in Marsh Unit 1. A. Migratory Game Bird Hunting. We allow 3. Condition A3 applies. hunting of goose, duck, coot, mourning dove, C. Big Game Hunting. We allow hunting of and common snipe on the Wahluke Unit of mule deer and white-tailed deer on des- the Monument/Refuge in accordance with ignated areas of the refuge in accordance State regulations subject to the following with State regulations subject to the fol- conditions: lowing conditions: 1. We only allow shotgun and archery hunt- 1. You may only possess approved nontoxic ing. shot while on the refuge (see § 32.2(k)). 2. We only allow hunting during State deer 2. We allow access from 2 hours before legal seasons that run concurrently with the State sunrise to 2 hours after legal sunset. We pro- waterfowl season. hibit overnight camping and/or parking. 3. Condition A3 applies. 3. We prohibit permanent and pit blinds D. Sport Fishing. We allow fishing on des- and the cutting of vegetation (see § 27.51 of ignated areas of the refuge in accordance this chapter). You must remove all blind ma- with State regulations subject to the fol- terials, decoys, and other equipment (see lowing conditions: § 27.93 of this chapter) at the end of each day. 1. On waters open to fishing, we only allow 4. We only allow nonmotorized boats and fishing from April 1 to September 30, with boats with electric motors on the WB–10 the exception of Falcon, Heron, Goldeneye, Pond (Wahluke Lake) and with walk-in ac- Corral, Blythe, Chukar, and Scaup Lakes cess only. that are open year-round. 5. We prohibit shooting or discharging any 2. We allow nonmotorized boats and boats firearm from, across, or along a public high- with electric motors on Upper and Lower way, designated route of travel, road, road Hampton, Hutchinson, and Shiner Lakes. shoulder, road embankment, or designated 3. We allow motorized boats and non- parking area. motorized boats on all other refuge waters B. Upland Game Hunting. We allow hunting open to fishing. of pheasant, quail, and partridge on des- 4. We allow frogging during periods when ignated areas on the Wahluke Unit of the we allow fishing on designated waters. Monument/Refuge in accordance with State 5. We allow catch-and-release fishing using regulations and subject to the conditions artificial flies with a single barbless hook on listed below: Quail Lake. 1. You may possess only approved nontoxic CONBOY LAKE NATIONAL WILDLIFE REFUGE shot while on the refuge. 2. We allow only shotguns and archery A. Migratory Game Bird Hunting. We allow hunting. hunting of dove, goose, duck, coot, and com- 3. We allow access from 2 hours before sun- mon snipe on designated areas of the refuge rise to 2 hours after sunset. We prohibit in accordance with State regulations subject overnight camping and/or parking. to the following conditions: 1. Waterfowl and snipe hunters may pos- 4. Condition A5 applies. sess only approved nontoxic shot while in C. Big Game Hunting. We allow hunting of the field (see § 32.2(k)). deer and elk on the Wahluke Unit of the 2. You may not shoot or discharge any fire- Monument/Refuge in accordance with State arm from, across, or along a public highway, regulations and subject to the following con- designated route of travel, road, road shoul- ditions: der, road embankment, or designated park- 1. We allow only shotguns, muzzleloaders, ing area. and archery hunting. B. Upland Game Hunting. [Reserved] 2. We allow access from 2 hours before sun- C. Big Game Hunting. We allow hunting of rise to 2 hours after sunset. We prohibit deer on designated areas of the refuge in ac- overnight camping and/or parking. cordance with State regulations subject to 3. Condition A5 applies.

397

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.67 50 CFR Ch. I (10–1–06 Edition)

D. Sport Fishing. We allow fishing on the 10. No more than one unlicensed person Wahluke Unit in accordance with State regu- may assist each licensed hunter during the lations subject to the following conditions: hunt. 1. We allow access from 2 hours before legal 11. Additional persons may assist hunters sunrise to 2 hours after legal sunset. We pro- during elk retrieval only. hibit overnight camping and/or parking. 12. We prohibit hunters from operating mo- 2. We allow nonmotorized boats and boats torized vehicles on the refuge. with electric motors on the WB–10 Ponds and 13. Condition A2 applies. with walk-in access only. D. Sport Fishing. We allow bank fishing from the Mainland Unit shoreline adjoining JULIA BUTLER HANSEN REFUGE FOR THE the Elochoman and Columbia Rivers as well COLUMBIAN WHITE-TAILED DEER as Steamboat and Brooks Sloughs, in accord- A. Migratory Game Bird Hunting. We allow ance with State fishing regulations. We also hunting of goose, duck, coot, and common allow bank fishing in the pond adjacent to snipe on designated areas of the Hunting Is- the diking district pumping station by land Unit in accordance with State regula- Brooks Slough. We close all other interior tions subject to the following conditions: water of the Mainland Unit to fishing. 1. You may possess only approved nontoxic LITTLE PEND OREILLE NATIONAL WILDLIFE shot while in the field (see § 32.2(k)). REFUGE 2. You may not shoot or discharge any firearm from, across, or along a public highway, A. Migratory Game Bird Hunting. We allow designated route of travel, road, road shoul- hunting of migratory game birds on des- der, road embankment, or designated park- ignated areas of the refuge in accordance ing area. with State regulations subject to the fol- B. Upland Game Hunting. [Reserved] lowing conditions: C. Big Game Hunting. We allow hunting of 1. We prohibit waterfowl hunting on any elk on designated areas of the refuge in ac- creek or stream. cordance with State regulations subject to 2. We allow hunting during approved State the following conditions: hunting seasons occurring September 1. We conduct the refuge hunt by State through December and during the State permit only. We require hunters to possess spring wild turkey season only. We prohibit and carry current Washington State elk li- hunting and discharge of firearms during all censes, valid for the refuge’s hunt unit. other periods. 2. We allow a maximum of ten hunters to 3. You may not shoot or discharge any fire- use the refuge in any one day, with one hunt arm from, across, or along a public highway, period consisting of 5 consecutive days (Mon- designated route of travel, road, road shoul- day through Friday only). der, road embankment, or designated park- 3. We allow a maximum of four hunt peri- ing area. ods per hunt season; two regular permit B. Upland Game Hunting. We allow hunting hunts, and if required, two ‘‘as needed’’ per- of upland game on designated areas of the mit hunts. refuge in accordance with State regulations 4. We will use the State Second Elk Tag subject to the following conditions: As-Needed hunt program as necessary to 1. We prohibit use of dogs except for hunt- control elk numbers during months outside ing and retrieving upland game birds. the normal hunting season, except we pro- 2. Conditions A2 and A3 apply. hibit hunting during the period April C. Big Game Hunting. We allow hunting of through August. big game on designated areas of the refuge in 5. The State will publish the hunting dates, accordance with State regulations subject to number of permits to be issued, and other the following conditions: regulations for the refuge hunt in the State’s 1. We prohibit all use of dogs for hunting of Big Game hunting pamphlet. You may also big game. obtain this information by contacting the 2. Conditions A2 and A3 apply. refuge headquarters. D. Sport Fishing. We allow sport fishing on 6. We allow hunting of elk using muzzle- designated areas of the refuge in accordance loading firearms only. with State regulations. 7. We require hunters to attend a refuge- MCNARY NATIONAL WILDLIFE REFUGE specific orientation session each year prior to hunting on the refuge. A. Migratory Game Bird Hunting. We allow 8. We allow hunting on Mondays through hunting of goose, duck, coot, dove, and com- Fridays only. We close the refuge to hunting mon snipe on designated areas of the refuge on weekends and Federal holidays. in accordance with State regulations subject 9. We require hunters to sign in and out to the following conditions: each day at the refuge headquarters. When 1. We only allow vehicles on designated signing out for the day, you must report routes of travel and require hunters to park hunting success, failure, and any hit-but-not in designated parking areas (see § 27.31 of this retrieved animals. chapter). We prohibit off-road vehicle travel

398

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00408 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.67

and all use of ATVs (see § 27.31(f) of this chap- Day. We prohibit hunting until 12 p.m. ter). (noon) of each hunt day. 2. We only allow portable blinds and tem- 2. On the Peninsula Unit, we prohibit up- porary blinds constructed of natural mate- land game hunting before 12 p.m. (noon) on rials. goose hunt days. 3. We allow dove hunting in accordance 3. We only allow turkey hunting on the with State regulations on the Wallula, Bur- Wallula Unit. bank Sloughs, Stateline, Juniper Canyon, 4. We close all islands of the Hanford Is- Peninsula, and Two Rivers Units only. lands Division to hunting. 4. The McNary Fee Hunt Unit is only open 5. Condition A14 applies. on Wednesdays, Saturdays, Sundays, C. Big Game Hunting. We allow hunting of Thanksgiving Day, and New Year’s Day from deer only on the Stateline, Juniper Canyon, 1 5 a.m. to 1 ⁄2 hours after legal sunset. and Wallula Units in accordance with State 5. Prior to entering the McNary Fee Hunt regulations subject to the following condi- Unit, we require you to possess and carry a tions: refuge permit, pay a recreation user fee, and 1. On the Wallula Unit, we only allow shot- obtain a blind assignment before hunting. gun and archery hunting. 6. On the McNary Fee Hunt Unit, we only 2. Condition A14 applies. allow hunting from assigned blind sites and require hunters to remain within 100 feet (30 D. Sport Fishing. We allow fishing on des- m) of marked posts unless retrieving birds or ignated areas of the refuge in accordance setting decoys. We allow a maximum of four with State regulations. persons per blind site. NISQUALLY NATIONAL WILDLIFE REFUGE 7. On the McNary Fee Hunt Unit, you may only possess approved nontoxic shotshells A. Migratory Game Bird Hunting. [Reserved] (see § 32.2(k)) in quantities of 25 or less per B. Upland Game Hunting. [Reserved] day. C. Big Game Hunting. [Reserved] 8. On the Wallula Unit, we prohibit hunt- D. Sport Fishing. We allow fishing and ing within 1⁄4 mile (.4 km) of the Walla Walla shellfishing on designated areas of the refuge Delta or Crescent Island from February 1 in accordance with State regulations subject through September 30. to the following conditions: 9. On the Peninsula Unit, we allow water- 1. We allow fishing from boats outside the fowl hunting subject to the following condi- Brown Farm Dike and outside the Research tions: Natural Area. i. On the east shoreline of the Peninsula 2. We allow bank fishing in the designated Unit, we only allow hunting from established McAllister Creek Bank Fishing Area from numbered blinds sites, assigned on a first- legal sunrise to legal sunset. The 3/4-mile (1.2 come, first-served basis. We require hunters km) area of bank fishing is located 1⁄2 mile (.8 to remain within 100 feet (30 m) of marked km) downstream from I–5 and allowed only posts unless retrieving birds or setting de- along the east side of the creek. Anglers may coys. reach this area either by foot from the ref- ii. On the west shoreline of the Peninsula uge parking lot or by boat. Unit, we require hunters to space themselves 3. We prohibit bank fishing along the a minimum of 200 yards (180 m) apart. Nisqually River. 10. We close the furthest downstream ref- 4. We prohibit fishing in any waters inside uge island (Columbia River mile 341–343) in the Brown Farm Dike. the Hanford Islands Division to hunting. 5. We allow shellfishing on the tideflats. 11. On the Peninsula and Two Rivers Units, Access is by boat or by foot from the Luhr we close Casey Pond to all hunting. Beach Boat Launch. We prohibit tideflat ac- 12. We close Strawberry Island in the cess from the Brown Farm Dike. Snake River to all hunting. 6. We prohibit boat launching on the ref- 13. We close Badger and Foundation Islands uge. in the Columbia River to all hunting. 14. You may not shoot or discharge any RIDGEFIELD NATIONAL WILDLIFE REFUGE firearm from, across, or along a public highway, designated route of travel, road, road A. Migratory Game Bird Hunting. We allow shoulder, road embankment, or designated hunting of goose, duck, and coot on des- parking area. ignated areas of the refuge in accordance B. Upland Game Hunting. We allow hunting with State regulations subject to the fol- of upland game birds on designated areas of lowing conditions: the refuge in accordance with State regula- 1. We allow hunting by special refuge per- tions subject to the following conditions: mit only. You must possess and carry the 1. On the McNary Fee Hunt Unit, we only special refuge permit at all times while allow hunting of upland game birds on hunting. Wednesdays, Saturdays, Sundays, Thanks- 2. You may not shoot or discharge any fire- giving Day, Christmas Day, and New Year’s arm from, across, or along a public highway,

399

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.67 50 CFR Ch. I (10–1–06 Edition)

designated route of travel, road, road shoul- B. Upland Game Hunting. We allow hunting der, road embankment, or designated park- of upland game birds on designated areas of ing area. the refuge in accordance with State regula- B. Upland Game Hunting. [Reserved] tions subject to the following conditions: C. Big Game Hunting. [Reserved] 1. On all refuge units, we prohibit hunting D. Sport Fishing. We allow fishing and of upland game birds until 12 p.m. (noon) of frogging on designated areas of the refuge in each hunt day. accordance with State regulations subject to 2. On the Halvorson and Webb Units, we the following conditions: only allow hunting on Wednesdays, Satur- 1. We allow fishing and frogging from days, Sundays, Thanksgiving Day, Christmas March 1 through September 30 only. Day, and New Year’s Day. 2. We allow fishing and frogging from legal 3. On the Robbins Road Unit, we only allow sunrise to legal sunset only. hunting on Tuesdays, Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, TOPPENISH NATIONAL WILDLIFE REFUGE and New Year’s Day. A. Migratory Game Bird Hunting. We allow 4. Condition A9 applies. hunting of goose, duck, coot, dove, and com- C. Big Game Hunting. [Reserved] mon snipe on designated areas of the refuge D. Sport Fishing. [Reserved] in accordance with State regulations subject UMATILLA NATIONAL WILDLIFE REFUGE to the following conditions: 1. We open the refuge from 5 a.m. to 11⁄2 A. Migratory Game Bird Hunting. We allow hours after legal sunset. hunting of goose, duck, coot, dove, and com- 2. We only allow vehicles on designated mon snipe on designated areas of the refuge routes of travel and require hunters to park in accordance with State regulations subject in designated parking areas (see § 27.31 of this to the following conditions: chapter). We prohibit off-road vehicle travel 1. We open the refuge from 5 a.m. to 11⁄2 and all use of ATVs (see § 27.31(f) of this hours after legal sunset. chapter). 2. We only allow vehicles on designated 3. We only allow dove hunting on the Webb, routes of travel and require hunters to park Petty, Halvorson, Chambers, and Isiri Units. in designated parking areas (see § 27.31 of this 4. You may only possess approved nontoxic chapter). We prohibit off-road vehicle travel shotshells (see § 32.2(k)) in quantities of 25 or and all use of ATVs (see § 27.31(f) of this less per day. chapter). 5. On the Petty, Isiri, Chamber, and Cloe 3. We only allow portable blinds and tem- Units, we allow hunting 7 days a week sub- porary blinds constructed of natural mate- ject to the following condition: We require rials. hunting parties to space themselves a min- 4. You may only possess approved nontoxic imum of 200 yards (180 m) apart. shotshells (see § 32.2(k)) in quantities of 25 or 6. On the Halvorson and Webb Units, we less per day. only allow hunting on Wednesdays, Satur- 5. On the Paterson Slough and Whitcomb days, Sundays, Thanksgiving Day, Christmas Units, we only allow hunting on Wednesdays, Day, and New Year’s Day. On these units, we Saturdays, Sundays, Thanksgiving Day, allow hunting only from designated field Christmas Day, and New Year’s Day. pits, and we prohibit jump shooting. 6. In the refuge ponds within the Paterson 7. On the Robbins Road Unit, we only allow Slough area, we only allow nonmotorized hunting on Tuesdays, Thursdays, Saturdays, boats and boats with electric motors. Sundays, Thanksgiving Day, Christmas Day, 7. On the Ridge Unit, we only allow shore- and New Year’s Day. line hunting and prohibit all hunting from 8. On the Robbins Road and Pumphouse boats. Units, we only allow hunting from numbered 8. We require waterfowl hunting parties to field blind sites, and hunters must only park space themselves a minimum of 200 yards their vehicles at the numbered post cor- (180 m) apart. responding to the numbered field blind site 9. You may not shoot or discharge any fire- they are using (see § 27.31 of this chapter). arm from, across, or along a public highway, Selection of parking sites/numbered posts is designated route of travel, road, road shoul- on a first-come, first-served basis at the des- der, road embankment, or designated park- ignated parking lot. We prohibit free-roam ing area. hunting or jump shooting, and you must re- B. Upland Game Hunting. We allow hunting main within 100 feet (30 m) of the numbered of upland game birds on designated areas of field blind post unless retrieving birds or set- the refuge in accordance with State regula- ting decoys. We allow a maximum of four tions subject to the following conditions: persons per blind site. 1. We prohibit hunting of upland game 9. You may not shoot or discharge any fire- birds until 12 p.m. (noon) of each hunt day. arm from, across, or along a public highway, 2. In the Paterson Slough and Whitcomb designated route of travel, road, road shoul- Units, we only allow hunting on Wednesdays, der, road embankment, or designated park- Saturdays, Sundays, Thanksgiving Day, ing area. Christmas Day, and New Year’s Day.

400

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.68

3. Condition A9 applies. and elk only on designated areas of the ref- C. Big Game Hunting. We allow hunting of uge north of the Bear River and east of deer on designated areas of the refuge in ac- Wallapa Bay, in accordance with State regu- cordance with State regulations subject to lations subject to the following conditions: the following conditions: 1. At Long Island you must possess a valid 1. We allow hunting by special refuge per- refuge permit and report game taken, as mit only. You must possess and carry the specified with the permit. special refuge permit at all times while 2. At Long Island we allow only archery hunting. hunting and prohibit firearms. 2. Condition A9 applies. 3. We prohibit bear hunting on any portion D. Sport Fishing. We allow fishing on des- of the refuge except Long Island. ignated areas of the refuge in accordance 4. We prohibit dogs. with State regulations subject to the fol- 5. Condition A7 applies. lowing conditions: D. Sport Fishing. We allow sport fishing 1. We open the refuge from 5 a.m. to 11⁄2 along the shoreline of Willapa Bay and Bear hours after legal sunset. River on refuge-owned lands in accordance 2. We allow fishing on refuge impound- with State regulations. ments and ponds from February 1 through September 30. We open other refuge waters [58 FR 5064, Jan. 19, 1993, as amended at 58 (Columbia River and its backwaters) in ac- FR 29077, May 18, 1993; 59 FR 6686, 6699, Feb. cordance with State regulations. 11, 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62048, Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996; 62 FR WILLAPA NATIONAL WILDLIFE REFUGE 47383, Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998; 65 FR 30792, May 12, 2000; 65 FR 56409, Sept. A. Migratory Game Bird Hunting. We allow 18, 2000; 66 FR 46362, Sept. 4, 2001; 67 FR 58952, hunting of geese, ducks, coots, and snipe on Sept. 18, 2002; 69 FR 54362, 54469, Sept. 8, 2004; designated areas of Riekkola, Lewis, Tarlatt 70 FR 54195, Sept. 13, 2005] Slough, and Leadbetter Units in accordance with State hunting regulations and subject to the following conditions: § 32.68 West Virginia. 1. Prior to entering the hunt area at the The following refuge units have been Riekkola and Tarlatt Slough Units, we re- opened to hunting and/or fishing, and quire you to obtain a refuge permit, pay a are listed in alphabetical order with recreation user fee, and obtain a blind as- applicable refuge-specific regulations. signment. 2. At the Riekkola and Tarlatt Slough CANAAN VALLEY NATIONAL WILDLIFE REFUGE Units, you may take ducks and coots only coincidental to hunting geese. A. Migratory Game Bird Hunting. We allow 3. We allow hunting on Wednesday and Sat- hunting of goose, duck, rail, coot, gallinule, urday in the Riekkola and Tarlatt Slough mourning dove, snipe, and woodcock on des- Units only from established blinds. ignated areas of the refuge in accordance 4. At the Lewis Unit, we prohibit hunting with State regulations subject to the fol- from the outer dike that separates the bay lowing conditions: from the freshwater wetlands. 1. We require each hunter to possess and 5. At the Riekkola and Tarlatt Slough carry a signed refuge hunting permit, State Units, you may possess no more than 25 ap- hunting license, and driver’s license (or proved nontoxic shells per day while in the other photo identification card) at all times field. while hunting on the refuge. The refuge 6. At the Leadbetter Unit, you may possess hunting permit is free, and you may obtain only approved nontoxic shot. it at the refuge headquarters. We require 7. You may not shoot or discharge any fire- each hunter to submit a survey form at the arm from, across, or along a public highway, end of the hunting season. Hunters must sub- designated route of travel, road, road shoul- mit survey forms to the refuge headquarters der, road embankment, or designated park- if they wish to receive a hunting permit the ing area. following year. B. Upland Game Hunting. We allow hunting 2. We allow hunting on most refuge lands of blue and ruffed grouse on Long Island, with the following exceptions: the area sur- subject to the following conditions: rounding the refuge headquarters, areas 1. We require you to obtain and carry a ref- marked as safety zones, areas marked as no uge permit and report game taken, as speci- hunting zones, areas marked as closed to all fied with the permit. public entry, or within 500 feet (150 m) of any 2. We allow only archery hunting. dwelling. 3. We do not allow firearms on Long Island 3. We prohibit the building or use of perma- at any time. nent blinds. 4. We do not allow dogs on Long Island. 4. The refuge closes 1 hour after legal sun- 5. Condition A7 applies. set, including parking areas. We prohibit C. Big Game Hunting. We allow hunting of hunters from leaving decoys and other per- deer, elk, and bear on Long Island, and deer sonal property on the refuge.

401

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.68 50 CFR Ch. I (10–1–06 Edition)

5. We allow the use of dogs for hunting mi- tree stands (see § 27.93 of this chapter) at the gratory game birds. We require all dogs to end of the deer season. wear a collar displaying the owner’s name, 8. We require all hunters to wear at least address, and telephone number. 400 square inches (2,600 cm2) of blaze orange 6. We prohibit dog training except during on the head, chest, and back at all times dur- legal hunting seasons. ing the deer bucks only season, the 7. We require hunters accessing the refuge antlerless deer season, the youth deer sea- through private property to possess and son, and the deer muzzleloader season. carry written permission of the landowner 9. We prohibit hunting for turkey with a while hunting on the refuge. rifle. You must use a shotgun or muzzle- B. Upland Game Hunting. We allow the loader with a shot size of #4 or smaller. hunting of ruffed grouse, squirrel, cottontail 10. We allow dogs for hunting black bear rabbit, snowshoe hare, red fox, gray fox, bob- during the gun season. We prohibit more cat, woodchuck, coyote, opossum, striped than six dogs per hunting party. You must skunk, and raccoon on designated areas of account for all dogs at the conclusion of the the refuge in accordance with State regula- hunt. You must search for lost dogs for at tions subject to the following conditions: least 3 days, and we prohibit hunting during 1. Conditions A1, A2, A6, and A7 apply. the search period. All dogs must wear a col- 2. The refuge opens 1 hour before legal sun- lar displaying the owner’s name, address, rise and closes 1 hour after legal sunset, in- and telephone number. cluding parking areas. 11. We prohibit black bear hunting during 3. You may hunt raccoon at night, but you the Tucker County antlerless deer season. must obtain a Special Use Permit for rac- The gun bear season begins the Monday fol- coon hunting. lowing the antlerless deer season. 4. We only allow hunting in the No Rifle 12. The refuge closes 1 hour after legal sun- Zones with the following equipment: arch- set, including parking areas. We prohibit ery, shotgun, or muzzleloader. camping or overnight parking. 5. You may use dogs for hunting upland D. Sport Fishing. [Reserved] game species. We prohibit more than six dogs per hunting party for raccoon hunting. You OHIO RIVER ISLANDS NATIONAL WILDLIFE must account for all dogs at the conclusion REFUGE of the hunt. You must search for lost dogs A. Migratory Game Bird Hunting. We allow for at least 3 days, and we prohibit hunting hunting of migratory game birds (waterfowl, during the search period. All dogs must wear coots, rails, gallinules, snipe, woodcock, and a collar displaying the owner’s name, ad- dove) on designated areas of the refuge dress, and telephone number. (Pennsylvania: Phillis Island, Georgetown Is- 6. We prohibit the hunting of upland game land; West Virginia: Captina Island, Captina species between March 1 and the youth squir- Mainland, Fish Creek Island, Williamson Is- rel season in September. land, Witten Towhead, Wells Island, Grand- C. Big Game Hunting. We allow the hunting view Island, Grape/Bat Island, Broadback Is- of white-tailed deer, black bear, and turkey land, Buckley Island, Muskingum Island, on designated areas of the refuge in accord- Buffington Island, Letart Island; and Ken- ance with State regulations subject to the tucky: Manchester 1 Island, Manchester 2 Is- following conditions: land) in accordance with State regulations 1. Condition A1, A2, A6, A7, and B4 apply. subject to the following conditions: 2. You may only enter the refuge on foot. 1. We require each hunter to possess and You may use hand-powered, two-wheeled carry a refuge hunting permit, State hunting carts for transporting big game. license, and valid driver’s license (or other 3. You may only use handguns for hunting photo identification card) at all times while deer and black bear in the rifle zone. hunting on the refuge. The refuge hunting 4. When using shotguns for big game hunt- permit is free, and you may obtain it at the ing, we only allow ammunition containing a refuge headquarters. We request each hunter single lead projectile. We prohibit the use of to submit a survey form at the end of the buckshot. hunting season. 5. We prohibit the marking of any tree or 2. We prohibit the building or use of perma- other refuge feature with flagging, paint, or nent blinds. other substance. 3. The refuge opens 1 hour before legal sun- 6. We prohibit the cutting and trimming of rise and closes 1 hour after legal sunset, in- coniferous trees (balsam fir, red spruce, and cluding parking areas. We prohibit hunters hemlock). We prohibit construction of blinds leaving decoys and personal property, as well from these materials. as camping and overnight parking. 7. We prohibit permanent tree stands, but 4. We only allow dogs to locate, point, and we allow use of temporary tree stands. You retrieve when hunting for migratory game must clearly print your name and address in birds. We require all dogs to wear a collar an easily read area on the stand while the displaying the owner’s name, address, and stand is affixed to the tree. You must remove telephone number.

402

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00412 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.69

5. You may only possess approved nontoxic D. Sport Fishing. We allow sport fishing shot while in the field (see § 32.2(k)). throughout the refuge in accordance with B. Upland Game Hunting. We allow hunting State regulations subject to the following of rabbit and squirrel on designated areas of conditions: the refuge (Pennsylvania: Phillis Island, 1. Condition A3 applies. Georgetown Island; West Virginia: Captina 2. We require each angler to possess and Island, Captina Mainland, Fish Creek Island, carry a State fishing license and a valid driv- Williamson Island, Witten Towhead, Wells er’s license (or other photo identification Island, Grandview Island, Grape/Bat Island, card) at all times while fishing on the refuge. Broadback Island, Buckley Island, 3. We restrict bank fishing to refuge open Muskingum Island, Buffington Island, Letart hours, from 1 hour before legal sunrise Island; and Kentucky: Manchester 1 Island, through 1 hour after legal sunset. Manchester 2 Island) in accordance with State regulations subject to the following [59 FR 55197, Nov. 3, 1994, as amended at 60 conditions: FR 62048, Dec. 4, 1995; 61 FR 31461, June 20, 1. Conditions A1 and A3 apply. 1996; 63 FR 46922, Sept. 3, 1998; 65 FR 30794, 2. We prohibit the use of pursuit dogs for May 12, 2000; 65 FR 56411, Sept. 18, 2000; 69 FR hunting rabbit or squirrel. 54362, 54472, Sept. 8, 2004] 3. We prohibit the use of bows, rifles, or pistols for hunting rabbit or squirrel. § 32.69 Wisconsin. 4. We only allow the use of shotguns with The following refuge units have been approved nontoxic shot (see § 32.2(k)) for the opened to hunting and/or fishing, and hunting of rabbit or squirrel. are listed in alphabetical order with C. Big Game Hunting. We allow archery hunting of white-tailed deer on designated applicable refuge-specific regulations. areas of the refuge (Pennsylvania: Phillis Is- FOX RIVER NATIONAL WILDLIFE REFUGE land, Georgetown Island; West Virginia: Captina Island, Captina Mainland, Fish A. Migratory Game Bird Hunting. [Reserved] Creek Island, Williamson Island, Witten B. Upland Game Hunting. [Reserved] Towhead, Wells Island, Grandview Island, C. Big Game Hunting. We allow hunting of Grape/Bat Island, Broadback Island, Buckley white-tailed deer on designated areas of the Island, Muskingum Island, Buffington Island, refuge subject to the following conditions: Letart Island; and Kentucky: Manchester 1 1. We require refuge permits during des- Island, Manchester 2 Island) in accordance ignated time periods. with State regulations subject to the fol- 2. We do not allow the construction or use lowing conditions: of blinds, platforms, or ladders. 1. Conditions A1 and A3 apply. 3. We allow hunting only during the State 2. We prohibit the use or possession of ri- firearms season and during a designated time fles, pistols, or shotguns for the hunting of period of the archery season. white-tailed deer. D. Sport Fishing. [Reserved] 3. We prohibit organized deer drives by two or more individuals. We define a deer drive HORICON NATIONAL WILDLIFE REFUGE as the act of chasing, pursuing, disturbing, or otherwise directing deer so as to make the A. Migratory Game Bird Hunting. We allow animals more susceptible to harvest. hunting of ducks and coots on designated 4. We allow trail marking with nonperma- areas of the refuge subject to the following nent methods such as flagging and reflectors. conditions: We prohibit the use of paint, and hunters 1. We require permits. must remove all trail-marking materials 2. We allow only participants in the Young (see § 27.93 of this chapter) at the end of the Wildfowlers and Special Programs to hunt. deer season. B. Upland Game Hunting. We allow hunting 5. We prohibit the use of permanent tree of ring-necked pheasant, gray partridge, stands or blinds. We allow the use of tem- squirrel, and cottontail rabbit on designated porary tree stands. All tree stands must have areas of the refuge from the opening of the the name and address of the owner clearly respective State seasons through the State printed in an easily read area on the stand deer firearms season, and subject to the fol- while the stand is affixed to the tree. Hunt- lowing conditions: ers must remove tree stands and blinds (see 1. Shotgun hunters may possess only ap- § 27.93 of this chapter) from the refuge at the proved nontoxic shot while hunting upland end of each day. game species. 6. We prohibit baiting for deer on refuge 2. Hunting in the youth/novice pheasant lands (see § 32.2(h)). hunt area (Area F) is for youth who are 12– 7. We require all hunters to wear at least 15 years of age, and by permit. 400 square inches (2,600 cm2) of blaze orange C. Big Game Hunting. We allow hunting of visible on the head, chest, and back while white-tailed deer on designated areas of the walking to and from tree stands or blinds. refuge subject to the following conditions:

403

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00413 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.69 50 CFR Ch. I (10–1–06 Edition)

1. We only allow hunting during the early 2. During the spring turkey season, we archery season and the regular State fire- allow unarmed hunters who have an unex- arms seasons. pired spring turkey permit in their posses- 2. We do not allow the construction and use sion to scout the hunt area. We allow this of permanent blinds, platforms, or ladders. scouting beginning on the Saturday imme- 3. You must remove all stands from the diately prior to the opening date listed on refuge following each day’s hunt. their State turkey hunting permit. 4. Hunting in the area surrounding the of- 3. Refuge Area 3 is open to hunting after fice/visitor center (Area E) is by permit only. the State deer gun season through the end of 5. Hunting in the auto tour/hiking trail the respective State seasons or until Feb- complex (Area D) is open only during the ruary 28, whichever occurs first. State firearms deer season. 4. You may use dogs only when hunting mi- D. Sport Fishing. We allow fishing on des- gratory game birds and upland game (except ignated areas of the refuge subject to the fol- raccoon). lowing condition: We allow only bank fish- 5. You may only hunt showshoe hare during. ing the season for cottontail rabbit. 6. You may possess only unloaded guns in LEOPOLD WETLAND MANAGEMENT DISTRICT the retrieval zone of the Refuge Area 2 between 20th Street West and Suk-Cerney flow- A. Migratory Game Bird Hunting. We allow age during the State waterfowl hunting sea- hunting of migratory game birds throughout son, except while hunting deer during the the district (except that we prohibit hunting deer gun season. on the Blue-wing Waterfowl Production Area C. Big Game Hunting. We allow hunting of (WPA) in Ozaukee County or the Wilcox white-tailed deer on designated areas of the WPA in Waushara County) in accordance refuge in accordance with State regulations with State regulations subject to the fol- subject to the following conditions: lowing conditions: 1. We prohibit possession of a loaded fire- 1. We allow the use of hunting dogs, pro- arm or a nocked arrow on a bow within 50 vided the dog is under the immediate control feet (15 m) of the centerline of all public of the hunter at all times (see § 26.21(b) of roads. Also, during the gun deer season, we this chapter). prohibit possession of a loaded firearm with- 2. You must remove boats, decoys, and in 50 feet (15 m) of the center of refuge trails, blinds (see § 27.93 of this chapter) at the con- and we prohibit discharge of guns from, clusion of each day. across, down, or alongside these trails. B. Upland Game Hunting. We allow hunting 2. We prohibit possession of a centerfire of upland game birds throughout the district rifle capable of holding more than seven car- (except that we prohibit hunting on the tridges. Blue-wing Waterfowl Production Area (WPA) 3. We prohibit construction or use of per- in Ozaukee County or the Wilcox WPA in manent blinds, stands, or ladders. Waushara County) in accordance with State 4. You may use portable elevated devices regulations subject to the following condi- but must lower them to ground level at the tion: Condition A1 applies. close of shooting hours each day. You must C. Big Game Hunting. We allow hunting of remove all blinds, stands, platforms, and lad- big game throughout the district (except ders from the refuge at the end of the hunt- that you may not hunt on the Blue-wing Wa- ing season (see §§ 27.93 and 27.94 of this chap- terfowl Production Area (WPA) in Ozaukee ter). County or the Wilcox WPA in Waushara 5. Hunters must clearly mark all non-nat- County) in accordance with State regula- ural blinds, stands, platforms, and ladders on tions subject to the following condition: You the exterior with the owner’s name and ad- must remove blinds and stands (see § 27.93 of dress in letters that are 1 inch (2.5 cm) high. this chapter) at the conclusion of each day. You may also use an attached metal tag D. Sport Fishing. [Reserved] with stamped or engraved lettering that is clearly visible. NECEDAH NATIONAL WILDLIFE REFUGE 6. We permanently close Refuge Area 1 to A. Migratory Game Bird Hunting. We allow all hunting. hunting of migratory game birds only on 7. Refuge Area 2 is open to deer hunting designated areas of the refuge. during State archery, gun, and muzzleloader B. Upland Game Hunting. We allow hunting seasons, except for any October special Zone- of wild turkey, ruffed grouse, gray squirrel, T gun hunts. fox squirrel, cottontail rabbit, snowshoe 8. Refuge Area 3 is open to deer hunting hare, and raccoon only on designated areas during the State regular gun, muzzleloader, of the refuge subject to the following condi- and late archery seasons. Unarmed deer tions: hunters may enter Area 3 to scout beginning 1. Shotgun hunters may possess only ap- the Saturday prior to the gun deer season proved nontoxic shot while hunting on the 9. We prohibit target or practice shooting. refuge (see § 32.2(k)). This includes turkey 10. You may utilize clothes pins marked hunters. with flagging or reflective material. We

404

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00414 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 32.70

allow no other types of marking. You must UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE clearly identify the owner’s name and ad- AND FISH REFUGE dress on the clothes pin or the flagging Refer to 32.32 Illinois for regulations. itself. Hunters must remove all clothes pins by the last day of archery season. WHITTLESEY CREEK NATIONAL WILDLIFE 11. Beginning the Saturday prior to the REFUGE opening of the State regular gun deer season, A. Migratory Game Bird Hunting. We allow you may use nonmotorized boats on hunting of migratory game birds on des- Sprague-Goose Pools until freeze-up in order ignated areas of the refuge subject to the fol- to access areas for deer hunting. lowing conditions: D. Sport Fishing. We allow fishing in des- 1. We allow only the use of portable or ignated waters of the refuge at designated temporary blinds. times subject to the following conditions: We 2. You must remove portable or temporary allow use of nonmotorized boats in Sprague- blinds and any material brought on to the Goose Pools only when these pools are open refuge for blind construction at the end of to fishing. We allow motorized boats in Suk each day’s hunt. Cerney Pool. B. Upland Game Hunting. [Reserved] C. Big Game Hunting. [Reserved] ST. CROIX WETLAND MANAGEMENT DISTRICT D. Sport Fishing. [Reserved] A. Migratory Game Bird Hunting. We allow [58 FR 5064, Jan. 19, 1993, as amended at 58 hunting of migratory game birds throughout FR 29077, May 18, 1993; 59 FR 6700, Feb. 11, the district except that you may not hunt on 1994; 60 FR 62048, Dec. 4, 1995; 61 FR 46399, designated portions posted as closed of the Sept. 3, 1996; 62 FR 47383, Sept. 9, 1997; 63 FR St. Croix Prairie Waterfowl Production Area 46922, Sept. 3, 1998; 65 FR 30794, May 12, 2000; (WPA) in St. Croix County. 65 FR 56411, Sept. 18, 2000; 66 FR 46362, Sept. B. Upland Game Hunting. We allow hunting 4, 2001; 67 FR 58952, Sept. 18, 2002; 69 FR 54362, of upland game throughout the district ex- 54473, Sept. 8, 2004; 70 FR 54197, Sept. 13, 2005] cept that you may not hunt on designated portions posted as closed of the St. Croix § 32.70 Wyoming. Prairie WPA in St. Croix County. The following refuge units have been C. Big Game Hunting. We allow hunting of big game throughout the district except that opened for hunting and/or fishing, and you may not hunt on designated portions of are listed in alphabetical order with the St. Croix Prairie Waterfowl Production applicable refuge-specific regulations. Area in St. Croix County. NATIONAL ELK REFUGE D. Sport Fishing. [Reserved] A. Migratory Game Bird Hunting. [Reserved] TREMPEALEAU NATIONAL WILDLIFE REFUGE B. Upland Game Hunting. [Reserved] C. Big Game Hunting. Hunters may hunt elk A. Migratory Game Bird Hunting. We allow and bison on designated areas of the refuge hunting of migratory game birds on des- subject to the following conditions: ignated areas of the refuge subject to the fol- 1. Permits are required. lowing condition: We require a refuge per- 2. Hunters may not be let out of vehicles mit. on refuge roads. B. Upland Game Hunting. We allow hunting 3. Shooting from or across refuge roads and of upland game on designated areas of the parking areas is not permitted. refuge subject to the following condition: We 4. The use of citizen band (CB) radios in the require a refuge permit. hunt area is not permitted. C. Big Game Hunting. We allow hunting of D. Sport Fishing. Anglers may sport fish on white-tailed deer on designated areas of the the refuge in accordance with state law, as refuge subject to the following condition: We specifically designated in refuge publica- require a refuge permit. tions. D. Sport Fishing. We allow fishing on designated areas of the refuge subject to the fol- PATHFINDER NATIONAL WILDLIFE REFUGE lowing conditions: A. Migratory Game Bird Hunting. Hunting of 1. We allow only hand-powered boats or geese, ducks and coots is permitted on des- boats with electric motors on the refuge. ignated areas of the refuge. 2. You must remove ice fishing shelters B. Upland Game Hunting. We allow hunting from the refuge following each day’s hunt. of sage grouse and cottontail rabbit on des- 3. We prohibit possessing archery or spear- ignated areas of the refuge subject to the fol- ing equipment on refuge pools at any time. lowing condition: You may possess only ap- We allow taking rough fish by bow and arrow proved nontoxic shot while in the field. or spear only along the refuge boundary in C. Big Game Hunting. Hunting of pronghorn the backwaters of the Trempealeau River, in antelope and deer is permitted on designated accordance with State regulations. areas of the refuge.

405

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 32.71 50 CFR Ch. I (10–1–06 Edition)

D. Sport Fishing. [Reserved] with State regulations subject to the following conditions: SEEDSKADEE NATIONAL WILDLIFE REFUGE 1. Conditions A2, A8, A9, and B2 apply. A. Migratory Game Bird Hunting. We allow D. Sport Fishing. We allow fishing on the hunting of dark goose, duck, coot, mer- refuge in accordance with State regulations ganser, dove, snipe, and rail on designated subject to the following conditions: areas of the refuge in accordance with State 1. Condition B2 applies. regulations subject to the following condi- 2. You must only launch or pick up tions: trailered boats at the following boat ramps: 1. We prohibit hunting of migratory birds Dodge Bottom, Hayfarm, Lombard, and Six- on the west side of the Green River between Mile. the south end of the Dunkle Unit and High- 3. We prohibit taking of mollusk, crusta- way 28. We post the boundary for this area cean, reptile, and amphibian from the refuge. with refuge signs stating ‘‘Area Closed to Mi- [58 FR 5064, Jan. 19, 1993, as amended at 59 gratory Bird Hunting’’. FR 55188, Nov. 3, 1994; 60 FR 62049, Dec. 4, 2. We prohibit all hunting between High- 1995; 62 FR 47383, Sept. 9, 1997; 63 FR 2182, way 28 and 0.8 miles (1.28 km) north of the Jan. 14, 1998; 65 FR 30795, May 12, 2000; 67 FR refuge headquarters on the west side of the 58952, Sept. 18, 2002; 69 FR 54362, 54473, Sept. Green River. We post the boundary for this 8, 2004] area with refuge signs stating ‘‘No Hunting Zone’’. § 32.71 United States Unincorporated 3. We open the refuge to the general public Pacific Insular Possessions. from 1⁄2 hour before legal sunrise to 1⁄2 hour after legal sunset. Waterfowl hunters may The following refuge units have been enter the refuge 1 hour before legal shooting opened to hunting and/or fishing, and hours to set up decoys and blinds. are listed in alphabetical order with 4. Hunters must confine or leash dogs ex- applicable refuge-specific regulations. cept when participating in a legal hunt (see § 26.21(b) of this chapter). JOHNSTON ISLAND NATIONAL WILDLIFE 5. You must only use portable blinds or REFUGE blinds constructed from dead and downed A. Migratory Game Bird Hunting. [Reserved] wood. We prohibit digging pit blinds. B. Upland Game Hunting. [Reserved] 6. You must remove portable blinds, tree C. Big Game Hunting. [Reserved] stands, decoys, and other personal equip- D. Sport Fishing. [Reserved] ment (see § 27.93 of this chapter) from the refuge each day. MIDWAY ATOLL NATIONAL WILDLIFE REFUGE 7. You must completely dismantle blinds A. Migratory Game Bird Hunting. [Reserved] constructed of dead and downed wood at the B. Upland Game Hunting. [Reserved] end of the waterfowl hunting season. C. Big Game Hunting. [Reserved] 8. We only allow hunters to retrieve D. Sport Fishing. Anglers may fish and lob- downed game from closed areas with consent ster only in accordance with a refuge fishing from a refuge employee or State game war- leaflet available at refuge headquarters. den. 9. You must unload and either case or dis- [58 FR 5064, Jan. 19, 1993, as amended at 59 mantle all firearms (see § 27.42(b) of this FR 55188, Nov. 3, 1994; 61 FR 46399, Sept. 3, chapter) when transporting them in a vehicle 1996; 63 FR 46922, Sept. 3, 1998; 65 FR 30795, or boat under power. May 12, 2000; 65 FR 56411, Sept. 18, 2000; 69 FR B. Upland Game Hunting. We allow hunting 54362, 54474, Sept. 8, 2004] of sage grouse, cottontail rabbit, jackrabbit, raccoon, fox, and skunk on designated areas § 32.72 Guam. of the refuge in accordance with State regu- We have opened the following refuge lations subject to the following conditions: 1. Conditions A2, A8, and A9 apply. unit to hunting and/or fishing with ap- 2. We open the refuge to the general public plicable refuge-specific regulations. from 1⁄2 hour before legal sunrise to 1⁄2 hour GUAM NATIONAL WILDLIFE REFUGE after legal sunset. 3. Hunters must confine or leash dogs (see A. Migratory Game Bird Hunting. [Reserved] § 26.21(b) of this chapter) except when partici- B. Upland Game Hunting. [Reserved] pating in a legal hunt for sage grouse, cot- C. Big Game Hunting. [Reserved] tontail rabbit, or jackrabbit. D. Sport Fishing. Anglers may fish and col- 4. When using shotguns or muzzleloaders, lect marine life on designated areas of the you may only possess approved nontoxic refuge only in accordance with refuge and shot (see § 32.2(k)) while in the field. Government of Guam laws and regulations. C. Big Game Hunting. We allow hunting of The leaflet is available at the refuge head- antelope, mule deer, and moose on des- quarters and anglers are subject to the fol- ignated areas of the refuge in accordance lowing additional conditions:

406

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 34.3

1. Anglers may be on the refuge from 8:30 may be used for any governmental pur- a.m. until 5:00 p.m. daily, except Thanks- pose. giving, Christmas, and New Year’s Day. (b) Pursuant to title VI of the Civil 2. We prohibit overnight camping on the Rights Act of 1964 (78 Stat. 252; 42 refuge. U.S.C. 2000d), and the regulations 3. You may not possess surround or gill nets on the refuge. issued pursuant thereto, which are con- 4. We prohibit the collection of corals, tained in 43 CFR part 17, counties must giant clams (Tridacna and Hippopus spp.), file an assurance with the Department, and coconut crabs (Birgus latro) on the ref- comply with the terms of the assur- uge. ances, and comply with regulations 5. We prohibit use of Self Contained Under- contained in 43 CFR part 17 in order to water Breathing Apparatus (SCUBA) to take continue to receive this Federal finan- fish or invertebrates. cial assistance. 6. We prohibit anchoring boats on the refuge. § 34.3 Definitions. 7. We prohibit sailboards or motorized personal watercraft on the refuge. (a) The term fee area means any area which was acquired in fee by the [65 FR 30795, May 12, 2000, as amended at 66 United States and is administered, ei- FR 46363, Sept. 4, 2001; 67 FR 58953, Sept. 18, 2002; 69 FR 54362, Sept. 8, 2004] ther solely or primarily, by the Sec- retary through the Service. (b) The term reserve area means any PART 34—REFUGE REVENUE area of land withdrawn from the public SHARING WITH COUNTIES domain and administered, either solely or primarily, by the Secretary through Sec. the Service. For the purpose of these 34.1 Purpose. regulations, reserve areas also include 34.2 Authority. lands in Hawaii, the Commonwealth of 34.3 Definitions. Puerto Rico, Guam, and the Virgin Is- 34.4 Eligibility of areas. 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 solely or primarily, by the Secretary AUTHORITY: 16 U.S.C. 715s, as amended. 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 borough, township or municipality, or § 34.1 Purpose. 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 revenues 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

407

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 34.4 50 CFR Ch. I (10–1–06 Edition)

Section 8 of Pub. L. 95–616, approved (a) For reserve areas, an amount October 27, 1978. The Service may pay equal to 25 per centum of the net re- from such fund any necessary expenses ceipts, collected by the Secretary in incurred in connection with the rev- connection with the operation and enue producing and revenue sharing ac- management of such area, provided tivity. The fund shall also include any that when any such area is situated in appropriations authorized by the Act more than one county, the distributive to make up any difference between the share to each from the aforesaid re- total amount of receipts after pay- ceipts shall be proportional to its acre- ments of expenses and the total age of such reserve area. amount of payments due the counties. (b) For fee areas, whichever of the (e) The term net receipts means the following is greater: amount of revenue collected by the (1) An amount equal to 75¢ per acre Service from an area (including fee for the total acreage of the fee area lo- land and/or reserve land) after the de- cated within such county. duction of necessary expenses incurred (2) An amount equal to three-fourths in producing the particular revenues. of one per centum of the fair market (f) The term fair market value means value, as determined by the Secretary, the amount in terms of money for of that portion of the fee area (exclud- which in all probability a property ing any improvements thereto made would be sold if exposed for sale in the after the date of Federal acquisition) open market by a seller who is willing which is located within such county. but not obligated to sell, allowing a For those areas of fee land within the reasonable time to find a buyer who is National Wildlife Refuge System as of willing but not obligated to buy, both September 30, 1977, the amount of pay- parties having full knowledge of all the ment based on fair market value will uses to which the property is adapted, not be less than the amount paid on and for which it is capable of being the adjusted cost basis as in effect at used. that time. Actual cost, or appraised value in case of donation, will be used § 34.4 Eligibility of areas. for lands acquired during fiscal year 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 The Act provides that the Secretary, government which have incurred the at the end of each fiscal year, shall pay loss or reduction of real property tax to each county out of the fund: revenues because of the existence of

408

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 34.7

such area in accordance with the fol- years as to how the payment was dis- lowing guidelines. tributed to units of local government The local units of government entitled under paragraph (c) of this section. The to this distribution will be those such record shall be available for inspection as, but not limited to, cities, towns, by the regional director, should a dis- townships, school districts, and the pute arise as to the distribution of pay- county itself in appropriate cases, ments. See § 29.21–2(c) for a listing of which levy and collect real property the regional directors of the Service. taxes separately from the county or other primary taxing authority or § 34.6 Schedule of appraisals. those for which a tax is separately The Secretary shall make fair mar- stated on a consolidated tax bill of the ket value appraisals of areas adminis- primary taxing authority in areas tered by the Service within five years wherein eligible lands are located. The after October 17, 1978, beginning with amount of distribution or passthrough areas established earliest. All areas for to which each unit of local government which payments were not authorized shall be entitled shall be in the same prior to fiscal year 1979 (i.e.; fish hatch- proportion as its current tax loss bears eries, administrative sites, and re- to the current whole tax loss. search stations) shall be included in This proportion may be determined; the areas appraised during the first fis- from representative tax bills for the cal year. Once appraised, areas shall be 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 FOR A TYPICAL ACRE of each area as a whole. The evaluation Assessed value— will be premised on an appropriate de- $100×80 mills County ...... $8 80% termination of highest and best use in $100×20 mills School District ...... $2 20% accordance with existing or potential Total ...... $10 100% zoning, the present condition of the 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 through 20 percent to the school district. techniques will involve a market data comparison of these areas with similar Counties shall distribute the payment properties which have sold recently in to eligible local units of government the local market. These techniques within 90 days from receipt of the pay- may also include consideration of po- ment. In the event a county cannot tential income and development of the make the required distribution for rea- cost approach for special use properties sons of State or local law, or otherwise, having limited marketability. An ap- the Service will make the payments di- propriate evaluation of these areas will rectly to local units of government also take into consideration a discount upon return of the check and informa- for size as recognized by the market for tion upon which to make the pay- large properties where applicable. The ments. appraisals will be accomplished by the (d) Each county which receives a pay- regional director, using Service staff ment under these regulations shall appraisers or private appraisers con- maintain a record for a period of three tracted by the Service.

409

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 34.8 50 CFR Ch. I (10–1–06 Edition)

The Act requires that improvements PART 35—WILDERNESS PRESERVA- placed upon the land after the date of TION AND MANAGEMENT Federal Acquisition be excluded from the fair market value. The only struc- Subpart A—General Rules tures that will be included in the appraisal are those that were present at Sec. the time of Federal acquisition and 35.1 Definitions. have not been the subject of substan- 35.2 Objectives. tial renovation or modification with 35.3 General regulations. Federal funds. Evaluation of improve- 35.4 Appropriations and personnel. ments will be based on their contribu- 35.5 Commercial enterprises, roads, motor vehicles, motorized equipment, motor- tory value to the area as determined by boats, aircraft, mechanical transport, the highest and best use study. Lands structures, and installations. occupied by improvements not subject 35.6 Public use. to appraisal will be valued as though 35.7 Control of wildfires, insects, pest unimproved. plants, and disease. The appraisals will be reviewed by the 35.8 Forest management. Service’s review appraisers and the de- 35.9 Livestock grazing. 35.10 Controlled burning. termination of the regional director as 35.11 Scientific uses. to fair market value shall be final and 35.12 Water rights. conclusive and shall be the basis for 35.13 Access to State and private lands. 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; quired to be made exceeds the net re- 43 U.S.C. 1201. 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 land, real property improvements, and § 35.1 Definitions. 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.

410

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 35.6

Director means the Director of the minimum requirements for the admin- U.S. Fish and Wildlife Service. istration of the area (including measures required in emergencies involving § 35.2 Objectives. the health and safety of persons within (a) Units of the National Wildlife the area), there shall be no temporary Refuge System have been established road, no use of motor vehicles, motor- by divers legal means and are adminis- ized equipment or motorboats, no land- tered for a variety of wildlife program ing of aircraft, no other form of mecha- purposes. The establishment of each nized transport, and no structure or in- wilderness unit is within and supple- stallation within any such area. mental to the purposes for which a spe- (a) The Director may authorize occu- cific unit of the National Wildlife Ref- pancy and use of a national wildlife refuge System was established and is ad- uge by officers, employees, agencies, ministered. Each wilderness shall be and agents of Federal, State, and coun- administered for such other purposes ty governments to carry out the pur- for which the national wildlife refuge poses of the Wilderness Act and the Act was established and shall be also ad- establishing the wilderness and will ministered to preserve its wilderness prescribe conditions under which mo- character. torized equipment, mechanical trans- (b) Except as otherwise provided by port, aircraft, motorboats, installa- law, wilderness areas shall be devoted tions, or structures may be used to to the public purposes of recreational, meet the minimum requirements for 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 structures 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 within 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 the purpose of managing or admin- Public uses of a wilderness unit will istering areas because they are in- be in accordance with the purposes for cluded within the National Wilderness which the individual national wildlife Preservation System. refuge was established and is administered and laws and regulations gov- § 35.5 Commercial enterprises, roads, erning public uses within the National motor vehicles, motorized equip- Wildlife Refuge System. 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

411

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 35.7 50 CFR Ch. I (10–1–06 Edition)

or reservation to visit the area, and allowing natural ecological processes similar actions. to operate freely. Commercial har- (b) All persons entering a wilderness vesting of timber shall not be per- unit will be required to remove such mitted except where necessary to con- materials as they carry in. trol attacks of insects or disease as (c) Informational signs for the con- prescribed in § 35.7. venience of visitors will not be permitted in a wilderness unit; however, § 35.9 Livestock grazing. rustic directional signs for vistor safe- (a) The grazing of livestock, where ty may be installed in locations appropriate to a wilderness setting. established prior to the date of legisla- (d) Limited public use facilities and tion which designates a wilderness improvements may be provided as nec- unit, may be permitted to continue essary for the protection of the refuge subject to part 29 of this subchapter and wilderness and for public safety. and in accordance with special provi- Facilities and improvements will not sions which may be prescribed for indi- be provided for the comfort and con- vidual units. Numbers of permitted venience of wilderness visitors. livestock will not be more liberal than (e) Public services and temporary those utilizing a wilderness prior to es- structures generally offered by pack- tablishment and may be more restric- ers, outfitters, and guides for realizing tive. the recreational or other wilderness (b) The Director may permit, subject purposes of a wilderness may be per- to such conditions as he deems nec- mitted. Temporary installations and essary, the maintenance, reconstruc- structures which existed for these sub- tion or relocation of only those live- sistence purposes under valid special stock management improvements and use permit or easement when the wil- structures which existed within a wilderness was established may be contin- derness unit when it was incorporated ued if their use is necessary to admin- into the National Wilderness Preserva- ister the refuge for the purposes for tion System. which it was established and for wilderness purposes. The number, nature, and § 35.10 Controlled burning. extent of such temporary structures and services will be controlled through Controlled burning will be permitted regulations and special use permits on wilderness units when such burning issued by the Refuge Manager so as to will contribute to the maintenance of provide maximum protection of wilder- the wilderness resource and values in ness resources and values. the unit; however, any fire in a wilder- (f) Hunting and fishing in a refuge ness area that poses a threat to re- wilderness will be in accordance with sources or facilities outside the unit Federal and State regulations includ- will be controlled and extinguished. ing special regulations for the specific wildlife refuge. Hunting or fishing [36 FR 25426, Dec. 31, 1971, as amended at 37 which requires motorized equipment FR 12067, June 17, 1972] will not be permitted except as pro- § 35.11 Scientific uses. vided in § 35.5(a) and (b). Recognizing the scientific value of § 35.7 Control of wildfires, insects, pest wilderness, research data gathering plants, and disease. and similar scientific uses will be en- To the extent necessary, the Director couraged providing that wilderness val- shall prescribe measures to control ues are not impaired. The person or wildfires, insects, pest plants, and dis- agency involved in scientific investiga- ease to prevent unacceptable loss of tion must be willing to accept reason- wilderness resources and values, loss of able limitations on activities and loca- life, and damage to property. tion and size of the area to be used for research purposes. A special use permit § 35.8 Forest management. authorizing scientific uses shall be re- Forest management activities in a quired. wilderness unit will be directed toward

412

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior Pt. 36

§ 35.12 Water rights. PART 36—ALASKA NATIONAL Nothing in the regulations in this WILDLIFE REFUGES part constitutes an expressed or im- plied claim or denial on the part of the Subpart A—Introduction and General Department of the Interior as to ex- Provisions emption from State water laws. Sec. § 35.13 Access to State and private 36.1 How do the regulations in this part lands. apply to me and what do they cover? Rights of States or persons and their 36.2 What do these terms mean? successors in interest, whose land is 36.3 Information collection. surrounded by a wilderness unit, will Subpart B—Subsistence Uses be recognized to assure adequate access to that land. Adequate access is defined 36.11 Purpose and policy. as the combination of modes and 36.12 Use of snowmobiles, motorboats, dog routes of travel which will best pre- teams and other means of surface trans- serve the wilderness character of the portation traditionally employed by landscape. Mode of travel designated local rural residents engaged in subsist- shall be reasonable and consistent with ence uses. accepted, conventional, contemporary 36.13 Subsistence fishing. modes of travel in said vicinity. Use 36.14 Subsistence hunting and trapping. will be consistent with reasonable pur- 36.15 Subsistence uses of timber and plant poses for which such land is held. The material. Director will issue such permits as are 36.16 Closure to subsistence uses of fish and necessary for access, designating the wildlife. 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, 1972] 36.31 Recreational activities. 36.32 Taking of fish and wildlife. § 35.14 Special regulations. 36.33 What do I need to know about using (a) Special regulations will be issued cabins and related structures on Alaska National Wildlife Refuges? by the Director for individual wilder- 36.34 Firearms. ness units within the National Wildlife 36.35 Unattended property. Refuge System as established by Public 36.36 Sled dogs and household pets. Law. These special regulations will 36.37 Revenue producing visitor services. supplement the provisions of this part. (b) Special regulations may contain Subpart E—Refuge Specific Regulations administrative and public uses as recognized in the: 36.39 Public use. (1) Legislative Record of the establishing Act. Subpart F—Permits and Public Participation (2) Committee Reports of the Con- and Closure Procedures gress. 36.41 Permits. (3) Departmental and Executive Re- 36.42 Public participation and closure proce- ports to the Congress. dures. (4) Other provisions. (c) Such special regulations shall be TABLE I TO PART 36—SUMMARY LISTING THE published in subpart B of this part NATIONAL WILDLIFE REFUGES IN ALASKA AS ESTABLISHED BY THE ALASKA LANDS after a wilderness has been established ACT, PUB. L. 96–487, DECEMBER 2, 1980 by Public Law and shall become effective upon publication in the FEDERAL AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460(k) et REGISTER (12–31–71). seq., 668dd–668ee, as amended, 742(a) et seq., 3101 et seq.; and 44 U.S.C. 3501 et seq. Subpart B—Special Regulations for SOURCE: 46 FR 31827, June 17, 1981, unless Specific National Wildlife Ref- otherwise noted. uge Wilderness [Reserved] 413

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.1 50 CFR Ch. I (10–1–06 Edition)

Subpart A—Introduction and § 36.2 What do these terms mean? General Provisions The following definitions shall apply to the regulations contained in this § 36.1 How do the regulations in this part. part apply to me and what do they Adequate and feasible access means a cover? reasonable method and route of pedes- (a) The regulations contained in this trian or vehicular transportation part are prescribed for the proper use which is economically practicable for and management of all Alaska Na- achieving the use or development de- tional Wildlife Refuges and supplement sired by the applicant on his/her non- the general National Wildlife Refuge federal land or occupancy interest, but System regulations found in title 50 does not necessarily mean the least CFR chapter I, subchapter C. The gen- costly alternative. eral National Wildlife Refuge System Adequate snow cover means snow of regulations are automatically applica- sufficient depth to protect the under- ble in their entirety to the Alaska Na- lying vegetation and soil. Administrative and visitor facility sites tional Wildlife Refuges except as sup- means any facility or site administered plemented or modified by these regula- by the U.S. Fish and Wildlife Service tions or amended by ANILCA. for public entry or other administra- (b) Except as provided in paragraph tive purposes including, but not lim- (c) of this section, the regulations con- ited to, refuge staff offices, visitor cen- tained in this part are applicable only ters, public access and parking sites, on federally-owned lands within the and campgrounds. boundaries of any Alaska National Aircraft means a machine or device Wildlife Refuge. For purposes of this that is used or intended to be used to part, ‘‘federally-owned lands’’ means carry persons or objects in flight land interests held or retained by the through the air, including but not lim- 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 or accident cannot take off. boundaries of any Alaska National Fish and wildlife means any member Wildlife Refuge. Less than fee title of the animal kingdom, including with- lands do not include easements under out limitation any mammal, fish, bird Section 17(b) of the Alaska Native (including any migratory, non-migra- Claims Settlement Act (85 Stat. 688), tory, or endangered bird for which pro- but although not limited to, they in- tection is also afforded by treaty or clude sites administered by a national other international agreement), am- wildlife refuge under the terms of a phibian, reptile, mollusk, crustacean, memorandum of understanding or lease arthropod, or other invertebrate, and agreement. includes any part, product, egg, or off- [46 FR 31827, June 17, 1981, as amended at 64 spring thereof, or dead body or part FR 14151, Mar. 24, 1999] thereof.

414

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.3

Off-road vehicle means any motor ve- tion as food, shelter, fuel, clothing, hicle designed for or capable of cross- tools, or transportation; for the mak- country travel on or immediately over ing and selling of handicraft articles land, water, sand, snow, ice, marsh, out of nonedible byproducts of fish and wetland, or other natural terrain, ex- wildlife resources taken for personal or cept snowmobiles as defined in this family consumption; for barter or shar- section. It includes, but is not limited ing for personal or family consump- to, four-wheel drive or low-pressure- tion; and, for customary trade. For tire vehicles, motorcycles and related purpose of this paragraph, the term: two-, three-, or four-wheel vehicles, (1) Family means all persons related amphibious machines, ground-effect or by blood, marriage, or adoption, or any air-cushion vehicles, air-thrust boats, person living within the household on a recreation vehicle campers, and any permanent basis; and other means of transportation deriving (2) Barter means the exchange of fish motive power from any source other or wildlife or their parts taken for sub- than muscle or wind. sistence uses: Person means any individual, firm, (i) For other fish or game of their corporation, society, association, part- parts; or nership, or other private or public (ii) For other food or for nonedible body. items other than money if the ex- Public lands means lands situated in change is of a limited and noncommer- Alaska which are federally owned cial nature; and lands, except: (3) Customary trade shall be limited to (1) Land selections of the State of the exchange of furs for cash, and such Alaska which have been tentatively ap- other activities, if any, as may be des- proved or validly selected under the ignated in special rules for Alaska Na- Alaska Statehood Act (72 Stat. 339) and tional Wildlife Refuges. lands which have been confirmed to, Take or taking, as used with respect validly selected by, or granted to the to fish and wildlife, means to pursue, Territory of Alaska or the State under hunt, shoot, trap, net, capture, collect, any other provision of Federal law; kill, harm or attempt to engage in any (2) Land selections of a Native Cor- such conduct. poration made under the Alaska Native Temporary means a continuous period Claims Settlement Act (85 Stat. 688) of time not to exceed 12 months, except which have not been conveyed to a Na- as specifically provided otherwise. tive Corporation, unless any such se- [46 FR 31827, June 17, 1981, as amended at 51 lection is determined to be invalid or is FR 44793, Dec. 12, 1986; 64 FR 14151, Mar. 24, relinquished; and 1999] (3) Lands referred to in section 19(b) of the Alaska Native Claims Settle- § 36.3 Information collection. ment Act. The information collection require- Refuge Manager means any Fish and ments contained in this part have been Wildlife Service official in charge of an approved by the Office of Management Alaska National Wildlife Refuge, the and Budget under 44 U.S.C. et seq. and Alaska Regional Director of the Fish assigned clearance number 1018–0014. and Wildlife Service, or an authorized The collected information will assist representative of either. the Service in administering these pro- Snowmachine or snowmobile means a grams and, particularly, in the self-propelled vehicle intended for off- issuance of permits and the granting of road travel primarily on snow having a statutory or administrative benefits. curb weight of not more than 1,000 The information requested in the appli- pounds (450 kg), driven by track or cation form is required to obtain a ben- tracks in contact with the snow and efit. The public reporting burden for steered by a ski or skis in contact with this collection of information is esti- the snow. mated to average 1.5 hours each for 150 Subsistence uses means the customary non-competitively awarded permits and traditional uses by rural Alaska and 31.66 hours each for 60 competi- residents of wild, renewable resources tively awarded permits including the for direct personal or family consump- time for reviewing instructions,

415

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.11 50 CFR Ch. I (10–1–06 Edition)

searching existing data sources, gath- (e) Nothing in this subpart shall be ering and maintaining data needed, and construed as permitting the level of completing and reviewing the collec- subsistence uses of fish and wildlife tion of information. The estimated an- within Alaska National Wildlife Ref- nual number of respondents is 210, uges to be inconsistent with the con- yielding a total annual reporting and servation of healthy populations of fish record keeping burden of 2125 hours. and wildlife. Comments and suggestions on the burden estimate or any other aspect of the § 36.12 Use of snowmobiles, motor- form should be sent directly to the Of- boats, dog teams and other means of surface transportation tradition- fice of Information and Regulatory Af- ally employed by local rural resi- fairs; Office of Management and Budg- dents engaged in subsistence uses. et; Attention: Interior Desk Officer; (a) Notwithstanding any other provi- Washington, DC 20503; and a copy of the sion of subchapter C of title 50 CFR the comments should be sent to the Infor- use of snowmobiles, motorboats, dog mation Collection Clearance Officer, teams and other means of surface U.S. Fish and Wildlife Service, MS 224– transportation traditionally employed ARLSQ; 1849 C Street, NW., Wash- by local rural residents engaged in sub- ington, DC 20240. sistence uses is permitted within Alas- [62 FR 45340, Aug. 27, 1997] ka National Wildlife Refuges except at those times and in those areas re- Subpart B—Subsistence Uses stricted or closed by the Refuge Man- ager. § 36.11 Purpose and policy. (b) The Refuge Manager may restrict or close a route or area to the use of (a) Consistent with the management snowmobiles, motorboats, dog teams or of fish and wildlife in accordance with other means of surface transportation 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

416

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.15

broadcast on local radio stations in a § 36.15 Subsistence uses of timber and manner reasonably calculated to in- plant material. form local rural residents in the af- (a) Notwithstanding any other provi- fected vicinity. All restrictions and sion of this part, the noncommercial closures shall be designated on a map cutting of live standing timber by local which shall be available for public in- rural residents for appropriate subsist- spection at the office of the Refuge ence uses, such as firewood or house Manager of the affected refuge and the logs, may be permitted in Alaska Na- post office or postal authority of every tional Wildlife Refuges as follows: affected community within or near the (1) For live standing timber greater refuge area, or by the posting of signs than six inches diameter at breast in the vicinity of the restrictions or height (41⁄2 feet above ground level), the closures, or both. Refuge Manager may allow cutting in (d) Snowmobiles, motorboats, dog accordance with the specifications of a teams and other means of surface special use permit if such cutting is de- transportation traditionally employed termined to be compatible with the by local rural residents engaged in sub- purposes for which the refuge was es- sistence uses shall be operated (1) in tablished; compliance with applicable State and (2) For live standing timber between Federal law, (2) in such a manner as to three and six inches diameter at breast prevent waste or damage to the refuge, height, cutting is allowed on the Arctic and (3) in such a manner as to prevent National Wildlife Refuge south of lati- the herding, harassment, hazing or tude 68 degrees North and on the driving of wildlife for hunting or other Innoko, Kanuti, Koyukuk, Nowitna, purposes. Selawik, Tetlin, and Yukon Flats Na- (e) At all times when not engaged in tional Wildlife Refuges unless re- subsistence uses, local rural residents stricted by the Refuge Manager, except 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; on the remainder of the Arctic Na- Fish may be taken by local rural tional Wildlife Refuge and on all other residents for subsistence uses in com- Alaska National Wildlife Refuges, the pliance with applicable State and Fed- Refuge Manager may allow cutting in eral law. To the extent consistent with accordance with the specifications of a the provisions of this part and other special use permit if such cutting is de- Federal law, applicable State laws and termined to be compatible with the regulations governing the taking of purposes for which the refuge was es- fish which are now or will hereafter be tablished; in effect are hereby incorporated by (3) For live standing timber less than reference as a part of these regulations. three inches diameter at breast height, cutting is allowed unless restricted by § 36.14 Subsistence hunting and trap- the Refuge Manager. ping. (b) The noncommercial gathering by Local rural residents may hunt and local rural residents of fruits, berries, trap wildlife for subsistence uses in mushrooms, and other plant materials Alaska National Wildlife Refuges in for subsistence uses, and the noncompliance with applicable State and commercial gathering of dead or Federal laws. To the extent consistent downed timber for firewood, shall be with the provisions of this part and allowed without a permit. other Federal law, applicable State (c)(1) Notwithstanding any other pro- laws and regulations governing the vision of this part, the Refuge Man- taking of wildlife which are now or will ager, after notice and public hearing in hereafter be in effect are hereby incor- the affected vicinity and other loca- porated by reference as a part of these tions as appropriate, may temporarily regulations. close all or any portion of an Alaska

417

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.16 50 CFR Ch. I (10–1–06 Edition)

National Wildlife Refuge to subsistence National Wildlife Refuge to subsistence uses of a particular plant population uses of a particular fish or wildlife pop- only if necessary for reasons of public ulation only if necessary for reasons of safety, administration, or to assure the public safety, administration, or to as- continued viability of such population. sure the continued viability of such For purposes of this section, the term population. For the purposes of this ‘‘temporary’’ shall mean only as long section, the term ‘‘temporarily’’ shall as reasonably necessary to achieve the means only so long as reasonably nec- purpose of the closure. essary to achieve the purpose of the (2) If the Refuge Manager determines closure. that an emergency situation exists and (b) If the Refuge Manager determines that extraordinary measures must be that an emergency situation exists and taken for public safety or to assure the that extraordinary measures must be continued viability of a particular taken for public safety or to assure the plant population, the Refuge Manager continued viability of a particular fish may immediately close all or any por- or wildlife population, he may imme- tion of an Alaska National Wildlife diately close all or any portion of a ref- Refuge to the subsistence uses of such uge to the subsistence uses of such pop- population. Such emergency closure ulation. Such emergency closure shall shall be effective when made, shall be be effective when made, shall not ex- for a period not to exceed sixty (60) ceed sixty (60) days, and may not sub- days, and may not subsequently be ex- sequently be extended unless the Ref- tended unless the Refuge Manager es- uge Manager establishes, after notice tablishes, after notice and public hear- and public hearing in the affected vi- ing in the affected vicinity and other cinity and other locations as appro- locations as appropriate, that such clo- priate, that such closure should be ex- sure should be extended. tended. (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 of every affected community within or refuge, or by the posting of signs in the near the refuge area, or by the posting vicinity of the restrictions, or both. of signs in the vicinity of the closures, or both. [46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986] Subpart C [Reserved] § 36.16 Closure to subsistence uses of fish and wildlife. Subpart D—Other Refuge Uses (a) Notwithstanding any other provision of this part, the Refuge Manager, § 36.31 Recreational activities. after consultation with the State and (a) Public recreational activities adequate notice and public hearing in within the Alaska National Wildlife the affected vicinity and other loca- Refuges are authorized as long as such tions as appropriate, may temporarily activities are conducted in a manner close all or any portion of an Alaska compatible with the purposes for which

418

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00428 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.32

the areas were established. Such rec- (c) The following provisions shall reational activities include, but are not apply to any person while engaged in limited to, sightseeing, nature observa- the taking of fish and wildlife within tion and photography, sport hunting, an Alaska National Wildlife Refuge: sport fishing, boating, camping, hiking, (1) Trapping and sport hunting. (i) picnicking and other related activities. Each person shall secure and possess Any existing special regulations now in all required State licenses and shall force and effect shall continue to apply comply with the applicable provisions to the applicable refuge lands in Alas- of State law unless further restricted ka National Wildlife Refuges. by Federal law; (b) Surface collection, by hand (in- (ii) Each person shall comply with cluding handheld gold pans) and for the applicable provisions of Federal personal recreational use only, of rocks law; and minerals is authorized: Provided (iii) In addition to the requirements however, That (1) collection of silver, of paragraphs (a) and (b) of this sec- platinum, gemstones and fossils is pro- tion, each person shall continue to secure a trapping permit from the appro- hibited, and (2) collection methods priate Refuge Manager prior to trap- which may result in disturbance of ping on the Kenai, Izembek and Kodiak ground surface, such as the use of shov- Refuges and the Aleutian Islands Unit els, pickaxes, sluice boxes and dredges, of the Alaska Maritime Refuge. are prohibited. The recreation activi- (iv) It shall be unlawful for a person ties specified in paragraphs (a) and (b) having been airborne to use a firearm of this section may be prohibited or or any other weapon to take or assist otherwise restricted in accordance with in taking a wolf or wolverine until the provisions of § 36.42. after 3:00 a.m. on the day following the day in which the flying occurred, ex- § 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]

419

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00429 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.33 50 CFR Ch. I (10–1–06 Edition)

§ 36.33 What do I need to know about Private recreational use shall mean a using cabins and related structures use associated with leisure activities, on Alaska National Wildlife Ref- not including bona fide subsistence uges? uses or authorized commercial uses. (a) Definitions. As used in this sec- Public use cabin shall mean a cabin tion, the term: owned and administered by the Fish Administrative cabin shall mean any and Wildlife Service and available for cabin only used by refuge or other au- use by the public. thorized personnel for the administra- (b) All cabins. The regulations in this tion of the refuge. paragraph (b) shall apply to all cabins, Cabin shall mean a small, usually claimants, occupants, and guests. The single-story, three or more sided struc- regulations in this paragraph (b) do not ture that is permanently and com- apply to temporary facilities: any pletely enclosed with a roof and walls. structure or man-made improvement The roof and walls are not fabric, can- which can readily be completely dis- not be easily disassembled, and are not mantled and removed from the site removed seasonally. when the period of authorized use is terminated. Commercial cabin shall mean any (1) A special use permit is required to cabin which is used in association with construct, use and/or occupy a cabin on a commercial operation including but Fish and Wildlife Service lands within not limited to commercial fishing ac- the refuge. The permit may also au- tivities and recreational guiding serv- thorize the use of related structures ices. and other necessary appurtenances. shall mean any cabin Existing cabin (2) After adequate public notice has situated on Federal lands before De- been given, unclaimed cabins become cember 2, 1980. A cabin legally situated the property of the Federal Govern- 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. (3) Willful noncompliance with the New cabin shall mean any permitted conditions and stipulations of a special cabin constructed on refuge lands after use permit shall be considered grounds December 2, 1980. This may also include to invoke the administrative process a cabin whose claimant failed to meet leading to notice and hearing, and pos- the application deadline for existing sible revocation of the permit. The ref- cabins but is otherwise a permitted uge manager will attempt to resolve cabin. problems of noncompliance with the Other related structures shall mean permittee as soon as possible after the those structures or devices essential to situation becomes known. If this effort the activities for which the cabin spe- fails, the refuge manager shall provide cial use permit is issued. This includes written notice to the permittee within but is not limited to outdoor toilets, 30 days of that date, informing the per- food caches, storage sheds, and fish mittee of noncompliance, giving spe- drying racks. cific instructions for compliance and

420

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00430 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.33

providing appropriate time for the per- shown by affidavit, bill of sale, or other mittee to comply. document. (4) No special use permit will be (ii) Date of construction or acquisi- issued for the construction of a cabin tion. for private recreational use or for the (iii) A sketch or photograph that ac- private recreational use of an existing curately depicts the cabin and related cabin. structures. (5) Guests are allowed to occupy a (iv) The dimensions of the cabin and cabin only during the activity period related structures. identified on the special use permit. (v) A U.S. Geological Survey topo- Guests occupying a cabin during the graphic map that shows the geographic absence of the permittee shall obtain a location of the cabin and related struc- letter of authorization from the per- tures. mittee. The guest must have a copy of (vi) The claimant’s agreement to va- the letter in his/her possession. In com- cate and remove all personal property mercial cabins, the permittee or an- from the cabin and related structures other person listed on the permit must within one year from receipt of a non- be present when the cabin is occupied renewal or revocation notice. by guests or clients. (vii) The claimant’s acknowledgment (6) A person whose permit application that he/she has no legal interest in the (new or renewal) for a cabin has been real property on which the cabin and denied or whose cabin permit has been related structures are located. revoked by the refuge manager may ap- (viii) A list of family members resid- peal to the Regional Director as de- ing with the claimant in the cabin scribed in § 36.41(b). being applied for. It need only include (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 (5) Major modification or rehabilita- that includes the following: tion of an existing cabin must be ap- (i) Reasonable proof of possessory in- proved by the refuge manager before terest or right to occupy the cabin as construction begins. The modifications

421

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00431 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.33 50 CFR Ch. I (10–1–06 Edition)

will be done by the permittee or des- (ii) The dimensions of the proposed ignated agent and will remain the cabin and related structures. property of the permittee. Major addi- (iii) A U.S. Geological Survey topo- tions (e.g., larger than the original graphic map that shows the geographic cabin) may fall under the ownership location of the proposed cabin and re- provisions for new cabins. Although lated structures. cabins destroyed by accidents, van- (iv) The applicant’s agreement to va- dalism or natural causes may be recon- cate and remove all personal property structed, they must be approved by the from the cabin and related structures refuge manager before construction within one year from receipt of a non- and must meet the construction guide- renewal or revocation notice. lines for new cabins, even though re- (v) The applicant’s acknowledgment maining the property of the claimant. that he/she has no legal interest in the (d) New cabins. In addition to para- cabin and related structures or in the graph (b) of this section, the regula- real property on which the cabin and tions in this paragraph (d) shall apply related structures are located. to all new cabins, claimants, occu- (vi) A list of family members residing pants, and guests. with the applicant in the cabin being (1) A nontransferable, five year spe- applied for. It need only include those cial use permit shall only be issued immediate family members who may upon a determination that the pro- be eligible to renew a permit for con- posed construction, use and mainte- tinued use and occupancy upon the original claimant’s death. nance of the cabin is compatible with (3) The permitting instrument shall refuge purposes and that the cabin use be a nontransferable renewable five 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.

422

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.35

The refuge manager may permit the not needed for government purposes. In use of an existing cabin on non-wilder- such cases, the refuge manager must ness refuge lands for the exercise of inform the public and post dates or sea- valid commercial fishing rights. Such a sons when the cabins are available. permit may be denied if, after con- (2) The refuge manager may des- ducting a public hearing in the affected ignate government-owned cabins as locality, it is found that the use is in- public use cabins. They are only inconsistent with refuge purposes and is tended for short-term public rec- a significant expansion of commercial reational use and occupancy. The ref- fishing activities within the unit be- uge manager may develop an alloca- yond 1979 levels. tion system for managing public use (2) When the commercial fishing or cabins for short-term recreational use. guiding rights associated with a per- No existing public use cabins shall be mittee’s existing cabin are acquired by removed or new public use cabins con- a new party, the privilege of using the structed within wilderness areas des- cabin cannot be sold and the new party ignated by the Alaska National Inter- does not necessarily qualify for a cabin est Lands Conservation Act of 1980 or permit. He/she must apply for a permit subsequently designated wilderness and meet the criteria described in this areas until the Secretary of the Inte- paragraph (e) before issuance of a spe- rior notifies the House Committee on cial use permit by the refuge manager. Interior and Insular Affairs and the He/she may not occupy the cabin before Senate Committee on Energy and Nat- issuance of a permit. ural Resources. (3) No new commercial cabins will be permitted in wilderness areas. [59 FR 38314, July 27, 1994, as amended at 64 (4) Commercial cabins may be occu- FR 14151, Mar. 24, 1999] pied only by persons legitimately involved in the commercial enterprise, § 36.34 Firearms. assistants, employees, their families, The possession, use and transporting guests and clients and only during the of firearms is authorized for hunting time that the authorized activity is oc- and personal protection in accordance curring. The names of those individ- with State and Federal laws unless pro- uals, excluding guests and clients, will hibited or otherwise restricted by the be listed on the permit. The permittee Refuge Manager in accordance with the or another individual listed on the per- provisions of § 36.42. mit must be present when the cabin is occupied. § 36.35 Unattended property. (5) Special use permits for commercial cabins may be renewed annually in (a) Leaving any snowmachine, vessel, conjunction with the special use per- off-road vehicle or other personal prop- mit renewal for the commercial activ- erty unattended for longer than 12 ity itself. The cabin permit may be months without the prior permission of issued for periods of up to five years the Refuge Manager is prohibited, and and is a separate permit from one any property so left may be impounded issued for the commercial activity. by the Refuge Manager. (f) Administrative and government- (b) The Refuge Manager may (1) des- owned public use cabins. In addition to ignate areas where personal property paragraph (a) of this section, the regu- may not be left unattended for any lations in this paragraph (f) apply to time period, (2) establish limits on the all administrative and government- amount and type of personal property owned cabins. that may be left unattended, (3) pre- (1) The refuge manager can designate scribed the manner in which personal those cabins not under permit as ad- property may be left unattended or (4) ministrative cabins to be used for offi- establish limits on the length of time cial government business. Administra- personal property may be left unat- tive cabins may be used by the public tended. during life-threatening emergencies. (c) Such designations and restric- On a case-by-case basis, they may also tions arising under paragraph (b) of be designated as public use cabins when this section shall be (1) published in at

423

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.36 50 CFR Ch. I (10–1–06 Edition)

least one newspaper of general circula- Refuge Manager, the selection criteria tion within the State, posted at com- contained in a competitive solicitation munity post offices within the affected for a visitor services permit. vicinity, made available for broadcast (2) Controlling interest, in the case of a on local radio stations in a manner rea- corporation means an interest, bene- sonably calculated to inform residents ficial or otherwise, of sufficient out- in the affected community, and des- standing voting securities or capital of ignated in a map which shall be avail- the business, so as to permit exercise of able for public inspection at the office final managerial authority over the ac- of the Refuge Manager, or (2) des- tions and operations of the corpora- ignated by the posting of appropriate tion, or election of a majority of the signs or (3) both. Board of Directors of the corporation. (d) In the event unattended property (3) Controlling interest in the case of a interferes with the safe and orderly partnership, limited partnership, joint management of a refuge area or causes venture or individual entrepreneurship damage to refuge resources, it may be means a beneficial ownership of or in- impounded by the Refuge Manager at terest in the entity so as to permit the any time. exercise of final managerial authority § 36.36 Sled dogs and household pets. over the actions and operations of the entity. The general trespass provisions of 50 (4) Controlling interest in other cir- CFR 26.21 shall not apply to household cumstances means any arrangement pets and sled, work, or pack dogs under under which a third party has the abil- the direct control of their owners or ity to exercise general management handlers, but such activities may be prohibited or otherwise restricted pur- authority over the actions or oper- suant to the provisions of § 36.42. ations of the business. (5) Historical operator means any per- [46 FR 40192, Aug. 7, 1981] son who: (i) On or before January 1, 1979, was § 36.37 Revenue producing visitor services. lawfully engaged in adequately providing any type of visitor service in a (a) Applicability. (1) Except as other- refuge within the scope of paragraph wise provided for in this paragraph, the (c) of this section; regulations contained in this section (ii) Has continued to lawfully provide apply to new visitor services provided that visitor service; and within all National Wildlife Refuge 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

424

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00434 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.37

Alaska, tax returns, and voter registra- Kenai National Wildlife Refuge in the tions. Cook Inlet Region. (ii) For corporations. A corporation in (c) Visitor services existing on or before which the controlling interest is held January 1, 1979, ‘‘historical operators’’. by an individual or individuals who (1) A historical operator shall have a qualify as ‘‘local resident(s)’’ within right to continue to provide visitor the meaning of this section. For non- services or similar services within such profit corporations a majority of the area, under appropriate terms and con- board members and a majority of the ditions, so long as such services are de- officers must qualify as ‘‘local resi- termined by the Refuge Manager to be dents.’’ consistent with the purposes for which (8) Native Corporation means the same the refuge was established. A historical as defined in section 102(6) of ANILCA. operator must obtain a permit from (9) Preferred operator means a local the refuge manager to conduct the vis- resident or Native Corporation which is itor services. The permit shall be for a entitled to a preference under this sec- fixed term and specified area, and shall tion in the award of a permit, and as contain such terms and conditions as otherwise provided under section are in the public interest. Failure to 1307(b) of ANILCA. comply with the terms and conditions of the permit may result in cancella- (10) A responsive offer means one tion of the authorization and con- which is timely made and meets the sequent loss of historical operator terms and conditions of the solicita- rights under this section. Nothing in tion document. this section shall prohibit the Refuge (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- (ii) Similar to the visitor services porated to have the first opportunity provided by the historical operator to provide new visitor services on the prior to January 1, 1979; and

425

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.37 50 CFR Ch. I (10–1–06 Edition)

(iii) Consistent with the legal rights torical operators, as long as such other of any other person. persons conduct the services in a man- (3) When a historical operator permit ner compatible with the purposes of has expired, and if the visitor services the refuge. permitted by it were adequately pro- (d) Visitor services initially authorized vided and consistent with the purposes after January 1, 1979, ‘‘preferred opera- of the refuge as determined by the Ref- tors’’. (1) In selecting persons to pro- uge Manager, the Refuge Manager shall vide, and in permitting any type of vis- renew the permit for a fixed term con- itor service, excepting guided hunting sistent with such new terms and condi- or fishing, the Refuge Manager will tions as are in the public interest. Should a historical operator decline to give a preference to preferred operators accept an offer of renewal, its rights as determined qualified to provide such a historical operator shall be consid- visitor services. Preferences for most ered as terminated. directly affected Native Corporation(s) (4) If the Refuge Manager determines and local residents are equal and are that permitted visitor services must be not additive. curtailed or reduced in scope or season (2) In selecting persons to provide to protect refuge resources, or for any type of visitor service for refuges other purposes, the Refuge Manager subject to a preferred operator pref- shall require the historical operator to erence under this section, the Refuge make such changes in visitor services. Manager will publicly solicit competi- If more than one historical operator tive offers for persons to apply for a providing the same type of visitor serv- permit, or the renewal of a permit, to ices is required to have those services provide such visitor service pursuant curtailed, the Refuge Manager shall es- to Service procedures. Preferred opera- tablish a proportionate reduction of tors must submit a responsive offer to visitor services among all such histor- such solicitation in order to effect ical operators, taking into account historical operating levels and other ap- their preference. If, as a result of the propriate factors, so as to achieve a solicitation, an offer from a person fair curtailment of visitor services other than a preferred operator is de- among the historical operators. If the termined to be the best offer and that level of visitor services must be so cur- offeror is determined to be capable of tailed that only one historical operator carrying out the terms of the permit, feasibly may continue to provide the the preferred operator which submitted visitor services, the Refuge Manager the most responsive offer shall be given shall select one historical operator to an opportunity to substantially equal continue to provide the curtailed vis- the best offer received by amending its itor services through a competitive se- offer. If the amended offer of the pre- lection process. ferred operator is considered by the (5) The rights of a historical operator Refuge Manager as being substantially shall terminate if the historical oper- equal to the terms of the best offer, the ator fails to provide the visitor services preferred operator, if determined to be under the terms and conditions of a capable of carrying out the terms of permit issued by the Refuge Manager the permit, shall be awarded the visitor or fails to provide the visitor services service permit. If the preferred oper- for a period of more than twenty four ator fails to meet these requirements, (24) consecutive months. the Refuge Manager shall award the (6) The rights of a historical operator permit to the person who submitted under this section shall terminate upon the best offer in response to the solici- a change, after January 1, 1979, in the tation. The Native Corporation(s) de- controlling interest of the historical operator through sale, assignment, determined to be ‘‘most directly af- vise, transfer or otherwise. fected’’ under this section and local (7) The Refuge Manager may author- residents have equal preference. ize other persons to provide visitor services in a refuge in addition to his-

426

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00436 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.37

(3) Nothing in this section shall pro- (f) Most directly affected Native Cor- hibit the Refuge Manager from author- poration determination. (1) Prior to the izing persons other than preferred oper- issuance of a solicitation document for ators to provide visitor services in ref- any new visitor service in a refuge, the uge areas so long as the procedures de- Refuge Manager shall provide an oppor- scribed in this section have been fol- tunity for any Native Corporation in- lowed with respect to preferred opera- terested in providing visitor services tors. Preferred operators are not enti- within that refuge to submit an appli- tled by this section to provide all vis- cation to the Refuge Manager to be de- itor services in a qualified refuge. termined ‘‘most directly affected’’ Na- (4) An offer from a Native Corpora- tive Corporation. The application shall tion or a local corporation under this include but not be limited to, the fol- section must document its controlling lowing information: interest in the entity or in the case of (i) The name, address, and telephone a joint venture, all partners, making number of the Native Corporation, the the offer. date of incorporation, its articles of in- (5) The preferences described in this corporation and structure, and the section may not be sold, assigned, name of the applicable refuge area; transferred, or devised, directly or indi- (ii) The location of the corporation’s rectly. population center or centers; (e) Preference to Cook Inlet Region, In- (iii) An assessment of the socio- corporated (CIRI). (1) Cook Inlet Re- economic impacts, including historical gion, Incorporated, in cooperation with and traditional use, and their effects village corporations within Cook Inlet on the Native Corporation as a result Region when appropriate, shall have a of the expansion or establishment of right of first refusal to provide new vis- the refuge; and itor services within that portion of the (iv) Any other information the Na- Kenai National Moose Range (Kenai tive Corporation believes is relevant. National Wildlife Refuge) within the (2) Upon receipt of all applications boundaries of Cook Inlet Region. The from interested Native Corporations, 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 unless such selection is determined to permit, it shall be awarded the permit. be invalid or is relinquished; If it does not, the permit may be (ii) The distance and accessibility awarded to another person pursuant to from the Native Corporation’s popu- a showing that such other person can lation center and/or business address to carry out the conditions of the special the applicable refuge; and use permit in a manner compatible (iii) The socio-economic impacts, in- with the purposes of the refuge. An cluding historic and traditional use, offer being made by CIRI under this and their effects as a result of the ex- section must document controlling in- pansion or establishment of the refuge. terest by CIRI when made in coopera- (3) In the event that more than one tion with village corporations within Native Corporation is determined to be the Cook Inlet Region. The CIRI right equally affected, each such Native Cor- of first refusal shall have precedence poration shall be considered as a pre- over the rights of preferred operators. ferred operator under this section. (3) The right of first refusal described (4) The Refuge Manager’s ‘‘most di- in this section may not be sold, trans- rectly affected’’ Native Corporation de- ferred, devised, or assigned, directly or termination or when requested, the Re- indirectly. gional Director’s appeal decision for a

427

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00437 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.39 50 CFR Ch. I (10–1–06 Edition)

refuge is applicable for all new visitor § 36.12(a),§ 36.39(c)(2)(ii) or services in that refuge. § 36.39(c)(2)(iii) and must meet the fol- (5) Any Native Corporation that has lowing conditions: not applied for a most directly affected (i) Vehicles are limited to three or Native Corporation determination may four-wheeled vehicles with a maximum apply for a determination upon gross weight of 650 pounds as listed by issuance of a future solicitation for a the manufacturer. new visitor service. A corporation de- (ii) ORV’s are permitted on the fol- termined to be most directly affected lowing trails only: Yantarni Bay Air- for a refuge will maintain that status strip; Yantarni Bay Airstrip to beach for all future visitor service solicita- trail; and Yantarni Bay Airstrip to oil tions. well site trail. Maps of the above areas (g) Appeal procedures. Any person(s) are available from the Refuge Manager. who believe that they have been im- (iii) Subject to the weight and size properly denied rights with respect to restrictions listed in (i) above, subsist- providing visitor services under this ence use of off-road vehicles, as author- section may appeal the denial to the ized by 50 CFR 36.12(a) is allowed Regional Director. Such an appeal throughout the Alaska Peninsula/ must be submitted in writing within Becharof National Wildlife Refuge forty-five (45) days of receipt of the de- Complex. nial from which an appeal is sought. (3) Camping is permitted on the Ref- The appeals process as defined in 50 uge Complex subject to the following CFR subpart F, 36.41(b) will apply with restrictions: exception of the period of time allowed (i) These camping limits do not apply to file an appeal. to subsistence users except at Big Creek where they apply to all refuge [62 FR 1842, Jan. 14, 1997] complex users. (ii) No permanent improvements may Subpart E—Refuge Specific be made to campsites without a special Regulations use permit. All materials brought on to the refuge complex must be removed § 36.39 Public use. 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- (iii) Other than reserved sites author- mitted subject to all other parts of 50 ized by special use permits, camping at CFR part 36, those sections of 50 CFR one location is limited to seven con- subchapter C not supplemented by part secutive nights from August 1 through 36, and the following refuge-specific re- November 15 within 1⁄4 mile of the fol- quirements: lowing waters: Becharof Lake in the (b) Alaska Maritime National Wildlife Severson Peninsula area (Island Arm); Refuge. (1) Amchitka Island—closed to Becharof Lake Outlet; Ugashik Nar- all public access, occupancy and use, rows; Big Creek; Gertrude Lake; and unless specifically authorized by a spe- Gertrude Creek between Gertrude Lake cial use permit issued jointly by the and the King Salmon River. Maps of Refuge Manager and the U.S. Navy the above areas are available from the (Commanding Officer, Fleet Surveil- Refuge Manager. lance Support Command, Chesapeake, (iv) Tent camps must be moved a Virginia). minimum of one mile following each (c) Alaska Peninsula/Becharof National seven-night camping stay during the Wildlife Refuge Complex. (1) The Alaska periods specified above. Peninsula/Becharof National Wildlife (4) Temporary facilities may be au- Refuge (Complex) includes the thorized on the Alaska Peninsula/ Becharof National Wildlife Refuge, the Becharof National Wildlife Refuge Chignik and Ugashik Units of the Alas- Complex by special use permit only, ka Peninsula National Wildlife Refuge subject to the following conditions: and the Seal Cape Area of the Alaska (i) Except for administrative or sub- Maritime National Wildlife Refuge. sistence purposes, new temporary fa- (2) Off-road vehicles are permitted on cilities are prohibited within 1⁄4 mile of the refuge complex under the Becharof Lake shoreline.

428

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.39

(ii) Except for administrative pur- Wusnesenski Glacier terminus lake poses, new temporary facilities are pro- Tustumena Lake and all wilderness lakes hibited in the following areas: within 1⁄4 within one mile of the shoreline of mile of the shorelines of Gertrude Lake Tustumena Lake. All unnamed lakes in sections 1 & 2, T. 1 and Long Lake; within 1⁄4 mile of the S., R. 10 W., and sections 4, 5, 8, & 9, T. 1 S., airstrip on the south side of the King R. 9 W., S.M., AK. Salmon River approximately 1⁄2 mile above the confluence of Gertrude Creek MYSTERY CREEK UNIT and the King Salmon River; within 1⁄4 An unnamed lake in section 11, T. 6 N., R. mile of the shoreline of Upper and 5 W., S.M., AK. Lower Ugashik Lakes; within 1⁄4 mile of (B) Airplanes may operate on all the shoreline of Becharof Lake outlet; lakes outside the Kenai Wilderness, ex- and within 1⁄4 mile of the shoreline of cept those lakes with recreational de- Big Creek. Maps of the above areas are velopments, including, but not limited available from the Refuge Manager. to, campgrounds, campsites, and public (d)–(h) [Reserved] hiking trails connected to road way- (i) Kenai National Wildlife Refuge—(1) sides. The non-wilderness lakes closed Aircraft. (i) The operation of aircraft on to aircraft operations are as follows: the Kenai NWR, except in an emergency, is permitted only as authorized NORTH OF STERLING HIGHWAY in designated areas as described below. Afonasi Lake These areas are also depicted on a map Anertz Lake available from the Refuge Manager. Breeze Lake (A) Within the Canoe Lakes, Andy Si- Cashka Lake mons, and Mystery Creek units of the Dabbler Lake Kenai Wilderness, only the following Dolly Varden Lake lakes are designated for airplane oper- Forest Lake Imeri Lake ations: Lili Lake Mosquito Lake CANOE LAKES UNIT 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 All lakes in the Skilak Loop Area (South Nekutak Lake of Sterling Highway and North of Skilak Norak Lake Lake) are closed to aircraft except that air- Sandpiper Lake planes may land on Bottenintnin Lake, Scenic Lake which is open year-around and Hidden Lake, Shoepac Lake which is only open for sport ice fishing. Snowshoe Lake 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 and September 30, inclusive, on any Emerald Lake lake where nesting trumpeter swans Green Lake 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,

429

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00439 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.39 50 CFR Ch. I (10–1–06 Edition)

section 16 and SW1⁄4, section 15, T. 4 S., a motorboat is prohibited between May R. 8 W., Seward Meridian. 1 and September 30, inclusive, on any (iv) Unlicensed aircraft are permitted lake where nesting trumpeter swans to operate on the refuge only as au- and/or their broods are present, except thorized by a special use permit from Windy and Lonesome Lakes where the the Refuge Manager. closure is between May 1 and Sep- (v) Airplanes may operate only with- tember 10, inclusive. in designated areas on the Chickaloon (3) Off-Road Vehicles. (i) The use of Flats, as depicted on a map available air cushion, airboat, or other motor- from the Refuge Manager. ized watercraft, except motorboats, is (vi) Airplane operation is permitted not allowed on the Kenai NWR, except on the Kasilof River, the Chickaloon as authorized by a special use permit River outlet, and the Kenai River from the Refuge Manager. below Skilak Lake from June 15 (ii) Off-road vehicle use, including op- through March 14. All other rivers on eration on lake and river ice, is not the refuge are closed to aircraft. permitted. Licensed highway vehicles (2) Motorboats. Motorboats are au- are permitted on Hidden, Engineer, thorized on all waters of the refuge ex- Kelly, Petersen, and Watson Lakes for cept under the following conditions and ice fishing purposes only, and must within the following areas: enter and exit lakes via existing boat (i) Motorboats are not authorized on ramps. lakes within the Canoe Lakes Unit of (4) Snowmobiles. Operation of snow- the Kenai Wilderness, except those mobiles is authorized on the Kenai lakes designated for airplane oper- NWR subject to the following condi- ations as described on a map available tions and exceptions: from the Refuge Manager. Boat motor (i) Snowmobiles are permitted be- use is not authorized on those portions tween December 1 and April 30 only of the Moose and Swanson Rivers with- when the Refuge Manager determines in the Canoe Lakes Unit of the Kenai that there is adequate snowcover to Wilderness. protect underlying vegetation and (ii) That section of the Kenai River soils. During this time, the Refuge from the outlet of Skilak Lake down- Manager will authorize, through public stream for three miles is closed to mo- notice, the use of snowmobiles less torboat use between March 15 and June than 46 inches in width and less than 14, inclusive. However, any boat having 1,000 pounds (450 kg) in weight. Des- a motor attached may drift or row ignated snowmobile areas are described through this section provided the on a map available from the Refuge motor is not operating. Manager. (iii) That section of the Kenai River (ii) All areas above timberline, ex- from the powerline crossing located ap- cept Caribou Hills, are closed to snow- proximately one mile below the con- mobile use. fluence of the Russian and Kenai Riv- (iii) The area within sections 5, 6, 7, ers downstream to Skilak Lake is and 8, T. 4 N., R. 10 W., S.M., AK., east closed to motorboats. However, any of the Sterling Highway right-of-way, boat having a motor attached may including the refuge headquarters com- drift or row through this section pro- plex, the environmental education/ vided the motor is not operating. 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,

430

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00440 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.39

then east to the west shore of Shoepac the Kenai River from the Kenai-Rus- Lake, south to the east shore of Antler sian River Ferry dock to a point 100 Lake, and west to the beginning point feet downstream. near Paddle Lake, is closed to snow- (7) What do I need to know about other mobile use. public uses on Kenai National Wildlife (v) An area, including the Swan Lake Refuge? (i) What are the camping restric- Canoe Route, and several road-con- tions? We allow camping subject to the nected public recreational lakes, following restrictions: bounded on the west by the Swanson (A) Camping may not exceed 14 days River Road, on the north by the Swan in any 30-day period anywhere on the Lake Road, on the east from a point at refuge. the east end of Swan Lake Road south (B) Campers may not spend more to the west bank of the Moose River, than two consecutive days at the and on the south by the refuge bound- Kenai-Russian River access area, more ary, is closed to snowmobile use. than seven consecutive days at Hidden (vi) Within the Skilak Loop Special Lake Campground, or more than seven Management Area, snowmobiles are consecutive days in refuge shelters. prohibited, except on Hidden, Kelly, (C) Within developed campgrounds, Petersen and Engineer lakes for ice camp only in designated areas and use fishing access only. Upper and Lower open fires only in portable, self-con- Skilak Lake campground boat tained, metal fire grills, or fire grates launches may be used as access points provided by us. for snowmobile use on Skilak Lake. (D) Do not camp within 1⁄4 mile of the (vii) Snowmobiles may not be used on Sterling Highway, Ski Hill, or Skilak maintained roads within the refuge. Loop roads except in designated camp- Snowmobiles may cross a maintained grounds. road after stopping and when traffic on (E) Campers may cut only dead and the roadway allows safe snowmobile down timber for campfire use. crossing. (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 remove timber, including the cut- may not be discharged within 1⁄4 mile of 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 (v) May I use non-motorized wheeled trails, are prohibited. The boundary of vehicles on the refuge? Yes, but only on these administrative and environ- refuge roads designated and open for mental education areas is depicted on a public vehicular access. map available from the Refuge Man- (vi) May I use motorized equipment on ager. the refuge? You may not use motorized (6) Fishing. Fishing is prohibited June equipment, including but not limited 1 to August 15, on the south bank of to chainsaws, generators, and auxiliary

431

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00441 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.39 50 CFR Ch. I (10–1–06 Edition)

power units, within the Kenai Wilder- ty-five foot wide access easement on an ness, except snowmobiles, airplanes existing trail within the Koniag Inc. and motorboats in designated areas. Regional Native Corporation lands (vii) Must I register to canoe on the ref- within properties described in para- uge? Only canoeists on the Swanson graph (j)(1) of this section in favor of River and Swan Lake Canoe Routes the United States of America. must register at entrance points. Max- (3) Permit requirement for Conservation imum group size is 15 persons. Easement lands. Pursuant to the terms (viii) Are any areas of the refuge closed of a Conservation Easement held by to public use? (A) We close rock outcrop the United States and the State of islands in Skilak Lake used by nesting Alaska, we manage public use of cer- cormorants and gulls and the adjacent tain lands owned by Koniag, Inc. These waters within 100 yards to public entry and use from March 15 to September 30. lands are inholdings within the exte- You may obtain maps showing these rior boundaries of the Kodiak National areas from the Refuge Manager. Wildlife Refuge. The Conservation (B) From July 1 to August 15 the pub- Easement was recorded in the Kodiak lic may not use or access any portion Recording District, Alaska, on Decem- of the 25-foot wide public easements ber 6, 2002, as document number 2002– along both banks of the Kenai River 003448–0. The lands subject to the Con- within the Moose Range Meadows area; servation Easement to which the per- or along the Homer Electric Associa- mit requirement in this paragraph tion Right-of-Way from Funny River apply are all lands within 1⁄2 mile of the Road and Keystone Drive to the down- west shore of Karluk Lake, from the stream limits of the streamside ease- lake outlet to the southern boundary ments. You may obtain maps showing of T. 32 S., R. 30 W. (surveyed), Seward these closed areas from the Refuge Meridian; all lands within 1⁄2 mile of Manager by referring to Sections 1, 2, the east shore of Karluk Lake, from and 3 of Township 4 North, Range 10 the lake outlet to a point due east of West, Seward Meridian. the north end of Camp Island; and all (j) Kodiak National Wildlife Refuge—(1) lands within a 1⁄2-mile band of land on Seasonal public use closure of the either side of the Karluk River, from O’Malley River Area. That area within the Karluk Lake outlet downstream to the Kodiak National Wildlife Refuge the refuge boundary. A map is avail- described in this paragraph (j)(1) is able from the refuge showing the loca- closed to all public access, occupancy tion of the easement lands that are and use from June 25 through Sep- tember 30. The area subject to seasonal subject to the permit requirement. You closure consists of lands and waters lo- are prohibited from using these lands cated within Township 33 South, Range unless: 30 West, Seward Meridian, Alaska, con- (i) You have a nontransferable permit sisting of approximately 2,560 acres, from the refuge; and more particularly described as fol- (ii) You are a concessionaire or a cli- lows: Township 33 South, Range 30 ent of a concessionaire authorized by West, Seward Meridian, Alaska, all of Koniag, Inc., to provide revenue-pro- Section 25; all of Section 26, excluding ducing visitor services; U.S. Survey 10875 and the adjacent ri- (iii) You are an authorized user in ac- parian ownership (Koniag Inc.) fronting cordance with section 7(d) of the Con- the survey and extending to the center servation Easement; or of Karluk Lake; and all of Sections 35 (iv) You are limiting your use of the and 36, excluding U.S. Survey 10876 and property to public access easements es- the adjacent riparian ownership tablished under section 17(b) of the (Koniag Inc.) fronting the survey and Alaska Native Claims Settlement Act. extending to the center of Karluk Lake. Maps of the closure area are [51 FR 32332, Sept. 11, 1986, as amended at 51 available from the Refuge. FR 41509, Nov. 17, 1986; 60 FR 37311, July 19, (2) Access easement provision. Not- 1995; 61 FR 29497, June 11, 1996; 64 FR 14154, withstanding any other provision of Mar. 24, 1999; 71 FR 33259, June 8, 2006] this paragraph (j), there exists a twen-

432

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00442 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.41

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 or other activity restricted by law or (a) Applicability. The regulations con- regulation on a national wildlife ref- tained in this section apply to the uge; issuance and administration of com- Prospectus means the document that petitively and noncompetitively issued the Service uses in soliciting competi- permits for economic and/or other priv- tion to award commercial visitor serv- ileged uses on all national wildlife ref- ices on a refuge; uges in Alaska. Nothing in this section Subcontracting means any activity in requires the refuge manager to issue a which the permittee provides financial special use permit if not otherwise or other remuneration to anyone other mandated by statute to do so. Supple- than employees to conduct the specific mental procedures for granting histor- commercial services authorized by the ical use, Native Corporation, and local Service. The permittee’s primary au- preferences in the selection of commer- thorized activities must be conducted cial operators to hold permits to pro- in a genuine employer/employee rela- vide visitor services, other than hunt- tionship where the source of all remu- ing and fishing guiding on refuges in neration for services provided to cli- Alaska, are addressed in § 36.37, Rev- ents is from the permittee. Subcon- enue producing visitor services. tracting does not apply to booking (b) Definitions. As used in this sec- services or authorized secondary serv- tion, the term or terms: ices provided to clients in support of Commercial visitor service means any the permittee’s primary authorized ac- service or activity made available for a tivities (e.g., a guide paying a marine fee, commission, brokerage or other or air taxi operator to transport cli- compensation to persons who visit a ents); refuge, including such services as pro- Subletting means any activity in viding food, accommodations, trans- which the permittee receives financial portation, tours, and guides. Included or other remuneration in return for al- is any activity where one participant/ lowing another commercial operator to member or group of participants pays conduct any of the permittee’s author- more in fees than the other partici- ized activities in the permittee’s use pants (non-member fees, etc.), or fees area; and are paid to the organization which are Use area means the designated area in excess of the bona fide expenses of where commercial services may be con- the trip; ducted by the permittee. Entire business means all assets in- (c) General provisions. In all cases cluding, but not limited to, equipment, where a permit is required, the per- facilities, and other holdings directly mittee must abide by the conditions associated with the permittee’s type of under which the permit was issued. commercial visitor service authorized Refuge managers will provide written by permit. This term also includes as- notice to the permittee in all cases sets held under the name of separate where documentation of noncompli- business entities, which provide the ance is prepared for use in any admin- same specific type of commercial vis- istrative proceeding involving the per- itor services authorized by permit, that mittee. the permittee has a financial interest (d) Application. (1) This section and in. The term does not include related other regulations in this part 36, gen- enterprises owned by the permittee erally applicable to the National Wild- such as taxidermy and travel services; life Refuge System, require that per- Immediate family means the spouse mits be obtained from the refuge man- and children, either by birth or adop- ager. For activities on the following tion, of the permittee. refuges, request permits from the re- Operations plan means a narrative de- spective refuge manager in the fol- scription of the commercial operations lowing locations:

433

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00443 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.41 50 CFR Ch. I (10–1–06 Edition)

Refuge Office location (e) Competitively awarded permits. (1) Where the number of available permits Alaska Peninsula National Wildlife Ref- King Salmon. uge. is limited, refuge managers will award Alaska Maritime National Wildlife Ref- Homer. permits competitively. A prospectus uge. with invitation to bid system will be Aleutian Islands Unit, Alaska Maritime Homer. the primary competitive method used NWR. Arctic National Wildlife Refuge ...... Fairbanks. for selecting commercial visitor serv- Becharof National Wildlife Refuge ...... King Salmon. ices. Where justified, other selection Innoko National Wildlife Refuge ...... McGrath. methods, including but not limited to Izembek National Wildlife Refuge ...... Cold Bay. lotteries, may be used. Such cir- Kanuti National Wildlife Refuge ...... Fairbanks. Kenai National Wildlife Refuge ...... Soldotna. cumstances may include, but not be Kodiak National Wildlife Refuge ...... Kodiak. limited to, the timely refilling of use Koyukuk National Wildlife Refuge ...... Galena. areas that have become vacant during Nowitna National Wildlife Refuge ...... Galena. regularly scheduled terms to prevent Selawik National Wildlife Refuge ...... Kotzebue. Tetlin National Wildlife Refuge ...... Tok. commercial visitor service opportuni- Togiak National Wildlife Refuge ...... Dillingham. ties from going unused, and initiating Yukon Delta National Wildlife Refuge ... Bethel. trial programs on individual refuges. Yukon Flats National Wildlife Refuge ... Fairbanks. The refuge manager has discretionary authority to issue noncompetitive per- (2) For noncompetitively issued permits on a one-time, short-term basis to mits, the applicant may present the ap- accredited educational institutions and plication verbally if he/she is unable to other nonprofit organizations to con- prepare a written application. The ref- duct primarily environmental edu- uge manager will keep a written record cation-related activities that also may of such verbal application. For com- be recreational in nature in use areas petitively issued permits, the applicant where permits for that type of guided must submit a written application in recreational activity are otherwise the format delineated in the prospectus or other designated format of the Serv- limited to competitive award. ice. (2) Where numbers of permits have (3) The refuge manager will grant or been limited for an activity prior to deny applications for noncompetitively the promulgation of these regulations issued permits in writing within 45 and a prospectus with invitation to bid days, except for good cause. For com- system has not yet been developed, ref- petitively issued permits, the refuge uge managers may issue noncompeti- manager will grant or deny applica- tive five-year permits consistent with tions in accordance with the time the terms set forth in paragraph (e)(16) frame established in the prospectus, ex- of this section on a one-time basis to cept for good cause. existing permittees. (4) Refuge managers may establish (3) The Service will publish notice of application period deadlines for indi- all solicitations for competition in ac- vidual refuges for both competitively cordance with paragraph (d)(4) of this and noncompetitively issued permits. section and include reasonable applica- The refuge manager will send notification periods of not less than 60 days. tion of availability for commercial op- When competitively selecting permit- portunities and application deadlines tees for an activity in a use area where to existing and/or the previous year’s permits for that activity were not pre- permittees. He/she will publish the no- viously competitively awarded, the tice in at least one newspaper of gen- Service will publish notice of the up- eral circulation in the State and in at coming opportunity a minimum of 18 least one local newspaper if available, months prior to the effective date of and will make available for broadcast the permit term. on local radio stations in a manner rea- (4) All prospectuses will identify the sonably calculated to inform local pro- selection criteria that the Service will spective applicants. use to evaluate the proposals. All (5) The Service may limit the number prospectuses involving commercial vis- of applications that an individual may itor services must include experience submit for competitively awarded of- and performance in providing the same ferings. or similar services as a criterion. In

434

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00444 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.41

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 (6) The Service has discretionary au- showing of permittee compliance with thority to not evaluate or consider pro- all applicable permit terms and condi- posals that are incomplete or improp- tions and a satisfactory record of per- erly submitted. formance. After one renewal, the Serv- (7) The Service may establish min- ice shall not extend or noncompeti- imum scores to qualify for the award of tively renew another permit. permits. If established, these minimum (11) Permit privileges may be trans- scores will be identified in the pro- ferred to other qualified entities that spectus. demonstrate the ability to meet Serv- (8) The Service may establish limits ice standards, as outlined in the pro- on the number of use areas within an spectus upon which the existing permit individual refuge, or on refuges state- was based, subject to approval by the wide, in which a permittee is author- refuge manager. Requests for transfers ized to operate. This limit applies to must be made in writing to the refuge different corporations in which the manager. A permittee who transfers same individual has any ownership in- his/her privileges will not be eligible to terests. be considered for competitively award- (9) When vacancies occur in competi- ed permits for the same type of activ- tively filled use areas, the procedure ity on the same national wildlife ref- for reissuing the permits will depend uge for a period of three years fol- on how long it has been since the per- lowing the authorized transfer. The mit originally was issued. The Service Service retains complete discretion in will award the permit to the next high- allowing transfers. In general, the est ranking interested applicant in the Service approves transfers only upon original solicitation, if a vacancy oc- demonstrating that it is to the govern- curs within the first 12 months of the ment’s benefit and if all the following permit’s effective date. Resolicited criteria are satisfied: competition for the area will occur as (i) The transfer is part of the sale or soon as practicable if: disposition of the current permittee’s (i) A vacancy occurs after 12 months entire business as earlier defined; of the permit’s effective date; and (ii) The current permittee was either (ii) At least 24 months of the original conducting the commercial operation permit term is available for a new per- in the refuge under authorization of a mittee after completion of the solicita- permit for a minimum of 12 years or tion, application, evaluation and owns significant real property in the awards period. If less than 24 months of area, the value of which is dependent the term of the permit is available, the on holding a refuge permit. Consider- Service has the discretion to solicit ation of the last element will include, competition during the regularly but is not limited to: scheduled solicitation period. The (A) The relationship of the real prop- Service may annually issue non- erty to permitted refuge activities as competitive permits for vacant areas, documented in the operations plan; where there has not been significant (B) The percentage that the author- permittee interest, until competition ized refuge activities comprise of the can be solicited in conjunction with total commercial use associated with other solicitations for vacant areas. the real property; and (10) Terms of permits awarded under (C) The appraised value of the real the prospectus with invitation method property.

435

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00445 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.41 50 CFR Ch. I (10–1–06 Edition)

(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 ing any violations, convictions, or in the case of death or disability of the pleas of nolo contendere for fish and permittee, subject to refuge manager wildlife related federal misdemeanors approval, as provided in this paragraph or State violations will be discre- (e). In these cases, the permit privi- tionary. Denial is based on, but not leges may pass to a spouse who can limited to, whether the individual com- demonstrate he/she is capable of pro- mitted any violation in which the case viding the authorized services and who disposition resulted in any of the fol- has an acceptable history of compli- lowing: ance as set forth in paragraph (A) Any jail time served or probation; (e)(11)(iv) of this section. A spouse who (B) Any criminal fine of $250 or great- lacks any required license(s) but other- er; wise qualifies may hire an employee, (C) Forfeiture of equipment or har- who holds the required license(s) and vested animal (or parts thereof) valued who has an acceptable history of com- at $250 or greater; pliance as set forth in paragraph (D) Suspension of privileges or rev- (e)(11)(iv) of this section, to assist in ocation of any fish and wildlife related the operation. Permit privileges may license/permits; also pass to another member of the im- (E) Other alternative sentencing that mediate family or a person who was a indicates the penalty is of equal sever- business partner at the time of original ity to the foregoing elements; or permit issuance. This person must be (F) Any multiple convictions or pleas independently qualified under the min- of nolo contendere for fish and wildlife- imum standards identified by the Serv- related Federal misdemeanors or State ice at the time of original permit fish and wildlife-related violations or issuance and have an acceptable his- misdemeanors irrespective of the tory of compliance as set forth in para- amount of the fine. graph (e)(11)(iv) of this section. (12) The transferee must follow the operations plan of the original per- (16) Upon September 26, 1997, refuge mittee. The transferee may modify the managers will amend existing competi- operations plan with the written con- tively-awarded permits through the sent of the refuge manager as long as prospectus method to make the terms the change does not result in increased fully consistent with this section, in- adverse impacts to refuge resources or cluding eligibility for a 5-year non- other refuge users. competitive renewal. (13) Upon timely approval of the (f) Fees. Permittees must pay fees transfer, the Service will issue the new formally established by regional and/or permittee a permit for the remaining nation-wide Service policy. The refuge portion of the original permit term. manager must document any fee ex- The refuge manager retains the right emption. to restrict, suspend, revoke, or not (g) Subletting and subcontracting. A renew the permit for failure to comply permittee may not sublet any part of with its terms and conditions. an authorized use area. Subcontracting (14) Permit privileges issued under any service authorized by the permit this paragraph (e) may be transferred, requires written approval from the ref- subject to refuge manager approval, to uge manager unless the subcontracted a former spouse when a court awards service is specifically identified in the permit-associated business assets in a permittee’s approved perations plan.

436

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00446 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 36.41

(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 refuge; to protect public health or safe- applicant concurrently will have the ty; or if the refuge manager determines opportunity to provide information to the use to be incompatible with refuge the regional director prior to the final purposes or is inconsistent with the decision. Selected applicants who Service’s obligations under Title VIII choose to take advantage of this oppor- of the Alaska National Interest Lands tunity, will retain their right of appeal Conservation Act. All actions per- should the appeal of the unsuccessful taining to this paragraph are subject to applicant result in reversal or revision the appeal process as set forth in para- of the original decision. For purposes graph (i) of this section. of reconsideration, appellants shall (i) Appeals. (1) Any person adversely present the following information: affected by a refuge manager’s decision (i) Any statement or documentation, or order relating to the person’s per- in addition to that included in the ini- mit, or application for a permit, has tial application, permit or competitive the right to have the decision or order prospectus, which demonstrates that reviewed by the regional director. This the appellant satisfies the criteria set section does not apply to permits or forth in the document under which the applications for rights-of-way. See 50 permit application/award was made; CFR 29.22 for the hearing and appeals procedure on rights-of-way. (ii) The basis for the permit appli- (2) Prior to making any adverse deci- cant’s disagreement with the decision sion or order on any permit or an appli- or order being appealed; and cation for a noncompetitively issued (iii) Whether or not the permit appli- permit, the refuge manager will notify cant requests an informal hearing be- the permittee or applicant, verbally or fore the regional director. in writing, of the proposed action and (4) The regional director will provide its effective date. A permittee or appli- a hearing if requested by the applicant. cant of noncompetitively issued per- After consideration of the written ma- mits, shall have 45 calendar days after terials and oral hearing, and within a notification in which to present to the reasonable time, the regional director refuge manager, orally or in writing, a shall affirm, reverse, or modify the ref- statement in opposition to the pro- uge manager’s decision or order and posed action or effective date. Notifica- shall set forth in writing the basis for tion in writing to a valid permit holder the decision. The applicant must be shall occur within 10 calendar days sent a copy of the decision promptly. after receipt of the statement in oppo- The decision will constitute final agen- sition to the refuge manager’s final de- cy action. cision or order. An applicant for a non- (5) Permittee compliance with any competitively issued permit shall be decision or order of a refuge manager notified in writing within 30 calendar shall be required during the appeal days after receipt of the statement in process unless the regional director opposition, of the refuge manager’s makes a preliminary finding contrary final decision or order. An applicant for to the refuge manager’s decision, and a competitively issued permit who is prepares a written determination that not selected will not receive advance such action is not detrimental to the notice of the award decision. Such ap- interests of the United States, or upon plicants, who wish to appeal the deci- submission and acceptance of a bond

437

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00447 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 36.42 50 CFR Ch. I (10–1–06 Edition)

deemed adequate by the refuge man- affected by such closures or restriction, ager to indemnify the United States and other locations as appropriate; from loss or damage. (2) Other temporary closures shall be (j) State selection of guide-outfitters. effective upon notice as prescribed in Nothing in this section will prohibit § 36.42(f); the Service from cooperating with the (3) Temporary closures or restric- State of Alaska in administering the tions shall extend only for so long as selection of sport fishing guides and big necessary to achieve their purposes, game hunting guide-outfitters oper- and in no case may exceed 12 months or ating on national wildlife refuges be extended beyond that time. should the State develop a competitive (e) Permanent closures or restrictions. selection process which is acceptable Permanent closures or restrictions to the Service. shall be made only after notice and [62 FR 45340, Aug. 27, 1997] public hearings in the affected vicinity and other locations as appropriate, and § 36.42 Public participation and clo- after publication in the FEDERAL REG- sure procedures. ISTER. (a) Authority. The Refuge Manager (f) Notice. Emergency, temporary or may close an area or restrict an activ- permanent closures or restrictions ity on an emergency, temporary, or shall be: (1) Published in at least one permanent basis. newspaper of general circulation in the (b) Criteria. In determining whether State and in at least one local news- to close an area or restrict an activity paper if available, posted at commu- otherwise allowed, the Refuge Manager nity post offices within the vicinity af- shall be guided by factors such as pub- fected, made available for broadcast on lic health and safety, resource protec- local radio stations in a manner rea- tion, protection of cultural or sci- sonably calculated to inform residents entific values, subsistence uses, endan- in the affected vicinity, and designated gered or threatened species conserva- on a map which shall be available for tion, and other management consider- public inspection at the office of the ations necessary to ensure that the ac- Refuge Manager and other places con- tivity or area is being managed in a venient to the public; or manner compatible with the purposes (2) Designated by the posting of ap- for which the Alaska National Wildlife propriate signs; or Refuge area was established. (3) Both. (c) Emergency closures or restrictions. (g) Openings. In determining whether (1) Emergency closures or restrictions to open an area to public use or activ- relating to the use of aircraft, ity otherwise prohibited, the Refuge snowmachines, motorboats, or non- Manager shall provide notice in the motorized surface transportation shall FEDERAL REGISTER and shall, upon re- be made after notice and hearing; quest, hold a hearing in the affected vi- (2) Emergency closures or restric- cinity and other location, as appro- tions relating to the taking of fish and priate prior to making a final deter- wildlife shall be accompanied by notice mination. with a subsequent hearing; (h) Except as otherwise specifically (3) Other emergency closures or re- permitted under the provision of this strictions shall become effective upon part, entry into closed areas or failure notice as prescribed in § 36.42(f); and to abide by restrictions established (4) No emergency closure or restric- under this section is prohibited. tion shall be for a period exceeding 30 days. TABLE I TO PART 36—SUMMARY LISTING (d) Temporary closures or restrictions. THE NATIONAL WILDLIFE REFUGES IN (1) Temporary closures or restrictions ALASKA AS ESTABLISHED BY THE relating to the use of aircraft, ALASKA LANDS ACT, PUB. L. 96–487, snowmachines, motorboats or non- DECEMBER 2, 1980 motorized surface transportation, or to 1. Alaska Maritime, including: the taking of fish and wildlife, shall Aleutian Island* not be effective prior to notice and Bering Sea* hearing in the vicinity of the area(s) Bogoslof*

438

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00448 Fmt 8010 Sfmt 8002 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.1

Chamisso* 37.32 Special areas. Forrester Island* 37.33 Environmental briefing. Hazy Islands* Pribilof* Subpart E—General Administration Saint Lazaria* Semidi* 37.41 Responsibilities of the Regional Direc- Simeonof* tor. Tuxedni* 37.42 Inspection and monitoring. 2. Alaska Peninsula 37.43 Suspension and modification. 3. Arctic, including: William O. Douglas* 37.44 Revocation and relinquishment. 4. Becharof** 37.45 Exploration by the U.S. Geological 5. Innoko Survey. 6. Izembek* 37.46 Cost reimbursement. 7. Kanuti 37.47 Civil penalties. 8. Kenai* 9. Kodiak* Subpart F—Reporting and Data 10. Koyukuk Management 11. Nowitna 12. Selawik 37.51 Operational reports. 13. Tetlin 37.52 Records. 14. Togiak, including: Cape Newenham* 37.53 Submission of data and information. 15. Yukon Delta, including: 37.54 Disclosure. Clarence Rhode* APPENDIX I TO PART 37—LEGAL DESCRIPTION Hazen Bay* OF THE COASTAL PLAIN, ARCTIC NATIONAL Nunivak* WILDLIFE REFUGE, ALASKA 16. Yukon Flats* AUTHORITY: Sec. 1002, Pub. L. 96–487, 94 Stat. 2449, as amended by sec. 110, Pub. L. 97– PART 37—GEOLOGICAL AND GEO- 394, 96 Stat. 1982 (16 U.S.C. 3142); sec. 110, PHYSICAL EXPLORATION OF THE Pub. L. 89–665, as added by sec. 206, Pub. L. 96–515, 94 Stat. 2996 (16 U.S.C. 470h–2); sec. 401, COASTAL PLAIN, ARCTIC NA- Pub. L. 148, 49 Stat. 383, as amended (16 TIONAL WILDLIFE REFUGE, ALAS- U.S.C. 715s); 31 U.S.C. 9701; 5 U.S.C. 301; 209 KA DM 6.1. SOURCE: 48 FR 16858, Apr. 19, 1983, unless Subpart A—General Provisions otherwise noted. NOTE: The information collection require- Sec. ments contained in this part do not require 37.1 Purpose. approval by the Office of Management and 37.2 Definitions. Budget under 44 U.S.C. 3501 et seq., because 37.3 Other applicable laws. there are fewer than 10 respondents annu- 37.4 Disclaimer and disqualification. ally. Subpart B—General Requirements Subpart A—General Provisions 37.11 General standards for exploratory activities. § 37.1 Purpose. 37.12 Responsibilities of permittee. 37.13 Group participation. These regulations implement the re- 37.14 Bonding. quirement of section 1002(d) of the Alaska National Interest Lands Con- Subpart C—Exploration Plans servation Act, 94 Stat. 2450, as amended, 16 U.S.C. 3142(d), that the Secretary 37.21 Application requirements. 37.22 Approval of exploration plan. establish guidelines governing surface 37.23 Special use permit. geological and geophysical exploration 37.24 Plan of operation. for oil and gas within the coastal plain 37.25 Revision. of the Arctic National Wildlife Refuge. Section 1002 mandates an oil and gas Subpart D—Environmental Protection exploration program for the refuge’s 37.31 Environmental protection. coastal plain. The program shall cul- minate in a report to Congress which contains, among other things, the iden- *These indicated units were previously existing refuges before the Alaska Lands Act of tification of those areas within the December 2, 1980, and are now part of the 16 coastal plain that have oil and gas pro- National Wildlife Refuges established by the duction potential, an estimate of the Alaska Lands Act. volume of oil and gas concerned, the

439

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.2 50 CFR Ch. I (10–1–06 Edition)

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 oil and gas within the coastal plain and all related activities and logistics without significantly adversely affect- required for either or both, and any ing the wildlife, its habitat, or the en- other type of geophysical exploration vironment and without unnecessary of the coastal plain which involves or duplication of exploratory activities. is a component of an exploration pro- These regulations prescribe the re- gram for the coastal plain involving quirements and procedures for obtain- surface use of refuge lands and all re- ing authorization for and the conduct lated activities and logistics required of such exploratory activities, and for for such exploration. submitting to the Department the re- (j) Harass means to pursue, hunt, sulting data and information. These take, capture, molest, collect, harm, regulations also describe other matters shoot or kill or attempt to engage in relating to the administration of the any of the preceding by either inten- program. tional or negligent act or omission. (k) Hazardous substances means petro- § 37.2 Definitions. leum, petroleum products, toxic mate- The following definitions are applica- rials, chemical effluent, explosives, or ble to the sections of this part. other materials which are likely to (a) Act means section 1002 of the cause significant adverse effects to the Alaska National Interest Lands Con- refuge’s wildlife, its habitat, the envi- servation Act, 94 Stat. 2449, as amended ronment, or humans. by section 110 of Pub. L. 97–394, 96 Stat. (l) Permittee means the person author- 1982, 16 U.S.C. 3142. ized by a special use permit issued pur- (b) Adequate protective cover means suant to this part to conduct explor- snow or a frostline, or both, sufficient atory activities on the coastal plain; to protect the vegetation and soil from any official, employee, contractor, sub- significant adverse effects due to the contractor or agent of the permittee or operation of surface equipment, as de- of the permittee’s designee; and any termined by the Regional Director. participant to the permittee’s permit. (c) Coastal lagoons means the waters (m) Person means any individual, and submerged lands between the partnership, firm, corporation, associa- mainland and the offshore barrier is- tion, organization, or agency. lands that lie between Brownlow Point (n) Plan of operation means detailed and the Aichilik River within the procedures, covering a period not to ex- coastal plain. ceed 12 months, proposed for executing (d) Coastal plain means that area an exploration plan. shown on the map entitled ‘‘Arctic Na- (o) Processed, analyzed and interpreted tional Wildlife Refuge’’, dated August data or information means any data or 1980, and legally described in appendix information which results from any I of this part. subsequent modification, processing, (e) Cultural resource means any dis- analysis, or interpretation of raw data trict, site, building, structure, or ob- and information by human or elec- ject significant in American history, tronic means, on or off the refuge. architecture, archeology, engineering (p) Raw data and information means or culture, as determined in accordance all original observations and record- with 36 CFR 60.6. ings in written or electronic form and

440

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.11

samples obtained during field oper- resolved, the permittee shall satisfy ations. both federal and state requirements for (q) Refuge means the Arctic National conducting oil and gas exploration in Wildlife Refuge. the coastal lagoons. In the event of an (r) Regional Director means the Re- inconsistency between such require- gional Director, Region 7 of the U.S. ments the permittee shall satisfy that Fish and Wildlife Service, or his au- requirement which provides the great- thorized representative. est environmental protection. (s) Rehabilitation means the act of returning the landform and vegetation to § 37.4 Disclaimer and disqualification. as near its original shape and condition (a) Authorization granted under this as practicable, as determined by the part to conduct exploratory activities Regional Director. shall not confer a right to any discov- (t) Secretary means the Secretary of ered oil, gas, or other mineral in any the Interior or his authorized rep- manner. resentative. (b) Any person who obtains access (u) Service means the U.S. Fish and pursuant to § 37.54 to data and informa- Wildlife Service. tion obtained as a result of carrying (v) Solicitor means the Solicitor of out exploratory activities shall be dis- the Department of the Interior or his qualified from obtaining or partici- authorized representative. pating in any lease of the oil and gas to (w) Special use permit means a rev- which such data and information per- ocable, nonpossessory privilege issued tain. Any person who obtains access to in writing by the Regional Director data and information obtained as a re- and authorizing the permittee to enter sult of carrying out exploratory activi- and use the refuge for a specified period ties from any person other than the to conduct exploratory activities, and permittee who obtained such data and other activities necessary thereto. information shall be disqualified from (x) Support facilities means facilities obtaining or participating in any lease on or near the refuge used to provide of the oil and gas to which such data logistical support for the field explor- and information pertain. atory activities. (y) Third party means any person Subpart B—General Requirements other than a representative of the permittee or the United States govern- § 37.11 General standards for explor- ment. atory activities. (z) Waste means all material for dis- (a) No exploratory activities shall be card from exploratory activities. It in- conducted without a special use per- cludes, but is not limited to, human mit. Requirements and procedures for waste, trash, garbage, refuse, fuel obtaining a special use permit are pre- drums, shot wire, survey stakes, explo- scribed in §§ 37.21 through 37.23. sives boxes, ashes, and functional and (b) Exploratory activities shall be nonfunctional equipment. conducted so that they do not: (aa) Wildlife means fish or wildlife or (1) Significantly adversely affect the both. refuge’s wildlife, its habitat, or the environment; § 37.3 Other applicable laws. (2) Unnecessarily duplicate explor- (a) Nothing in this part shall be con- atory activities of the permittee or an- strued to relieve a permittee or any other permittee; and person from complying with any appli- (3) Unreasonably or significantly cable federal laws or any applicable interfere with another permittee’s ac- state and local laws, the requirements tivities. of which are not inconsistent with this (c) Reexamination of an area may be part. permitted by the Regional Director if (b) Until the litigation between the necessary to correct data deficiencies United States and the State of Alaska or to refine or improve data or infor- over title to the submerged lands of the mation already gathered. coastal lagoons, ‘‘United States v. (d) Drilling of exploratory wells is Alaska’’, Sup. Ct., No. 84, Orig. (1979), is prohibited.

441

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.12 50 CFR Ch. I (10–1–06 Edition)

§ 37.12 Responsibilities of permittee. mands, orders, and notices on the per- (a) The permittee shall comply and mittee’s designee, when delivered per- shall be responsible for the compliance sonally or by radio or mail, will be of its officials, employees, contractors, deemed to be service upon the per- subcontractors and agents with the mittee. The permittee shall notify the regulations of this part, the terms and Regional Director in writing when as- conditions of its special use permit, the signment of a designee has been can- provisions of its approved exploration celled. A designee cannot reassign its plan and plan or operation, and all rea- designation to another party. The per- sonable stipulations, demands and or- mittee or designee shall notify the Re- ders issued by the Regional Director. gional Director 10 working days in ad- All actions by the permittee incon- vance of its intention to commence sistent with this part are prohibited. field operations for each season that it (b) The permittee shall designate a conducts exploratory activities. general representative who shall be the (d) The permittee shall submit to the person primarily accountable for man- Regional Director 30 days prior to the aging the permittee’s authorized ac- commencement of field operations for tivities, and a field representative who each year covered by its exploration shall be the person primarily account- plan an updated list of the names and able for supervising the permittee’s addresses of all persons participating field operations, and their alternates. in the exploratory activities covered The Regional Director shall be in- thereby or sharing in the data and in- formed of the names, addresses, and formation resulting therefrom through telephone numbers of the persons des- a cost-sharing or any other arrange- ignated pursuant to this paragraph and ment. of the procedures for contacting them (e) The permittee shall perform oper- on a 24-hour basis, including the radio ations and maintain equipment in a frequency for field operations, at the safe and workmanlike manner. The time the permittee submits its first permittee shall take all reasonable pre- plan of operation pursuant to § 37.24. cautions necessary to provide adequate The permittee shall notify the Re- protection for the health and safety of gional Director promptly of any life and the protection of property and changes in such personnel or the proce- to comply with any health and safety dures for contacting them. requirements prescribed by the Re- (c) Field operations shall be con- gional Director. ducted by the permittee or a designee approved by the Regional Director. As- § 37.13 Group participation. signment of a designee shall be in a (a) To avoid unnecessary duplication manner and form acceptable to the Re- of exploratory activities, the permittee gional Director. The Regional Director shall, if ordered by the Regional Direc- shall approve or disapprove a permit- tor, afford all interested persons, tee’s designee within 30 days following through a signed agreement, an oppor- the receipt of such information as the tunity to participate in its exploratory Regional Director may require from activities. Within 60 days following the permittee and designee in order to such order, the permittee shall provide reach his decision. Acceptance of a des- evidence satisfactory to the Regional ignee to act for the permittee in mat- Director of its compliance therewith. ters relating to the conduct of explor- The permittee shall provide the Re- atory activities does not relieve the gional Director with the names and ad- permittee of responsibility for compli- dresses of all additional participants, ance with applicable laws, its special as they join. use permit, exploration plan, plan of (b) If, with the approval of the Re- operation, and all reasonable stipula- gional Director, the permittee at any tions, demands and orders of the Re- time changes any provisions of its ap- gional Director. The designee will be proved exploration plan relating to considered the agent of the permittee areal extent, intensity of exploratory and will be responsible for complying activities, or logistical support, and fully with the obligations of the per- the Regional Director determines such mittee. The serving of stipulations, de- changes to be significant, the Regional

442

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.21

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 tiating field operations as authorized the revision or modification, or unless under its special use permit. the permittee provides to the Service (d) All participants shall be bound by an increased or additional bond. the regulations of this part, the per- (c) Recovery of the amount specified mittee’s special use permit, approved in the permittee’s bond or other secu- exploration plan and plan of operation rity shall not preclude the Department and any reasonable stipulations, de- from seeking specific performance by mands and orders issued by the Re- the permittee of any obligations not gional Director. satisfied by enforcement of the bond or security, or compensation for any dam- § 37.14 Bonding. ages, losses or costs due to the permit- (a) Before the issuance of its special tee’s activities which exceed the use permit, any applicant whose explo- amount recovered, by pursuing the De- ration plan has been approved under partment’s legal remedies. § 37.22 shall furnish to the Service a surety bond of not less than $100,000, or other security satisfactory to the Serv- Subpart C—Exploration Plans ice, to secure performance of its explo- § 37.21 Application requirements. ration plan and plan(s) of operation and compliance with the permit and (a) Prior to submitting an explo- this part. Such surety bond shall be ration plan, applicants may meet with issued by qualified surety companies the Regional Director to discuss their approved by the Department of the proposed plans and exploratory activi- Treasury (see Department of the Treas- ties and the requirements of this part. ury Circular No. 570). Such bond shall (b) Any person wanting to conduct be maintained by the permittee for the exploratory activities may apply for a benefit of the Service until the Re- special use permit by submitting for gional Director notifies the permittee approval one or more written explo- in writing that all terms and condi- ration plans, in triplicate, to the Re- tions of its exploration plan, special gional Director, Region 7, U.S. Fish use permit, plan of operation, and this and Wildlife Service, 1011 East Tudor part have been met or otherwise con- Road, Anchorage, Alaska 99503. To be sents to its cancellation or termi- considered, exploration plans covering nation. Any bond furnished or main- the period from the inception of the tained by a person under this section program through May 31, 1986, or any shall be on a form approved or pre- portions thereof, must be received by scribed by the Regional Director. The the Regional Director during normal Regional Director may require an in- business hours on May 20, 1983; explo- crease in the amount of any bond or ration plans covering exploratory ac- other security to be furnished and any tivities other than seismic exploration outstanding bond or security or require for the period from June 1, 1984, a new bond or security whenever addi- through May 31, 1986, or any portions tional coverage is needed to secure per- thereof, must be received by the Re- formance of its exploration plan and gional Director during normal business plan(s) of operation and compliance hours on April 2, 1984; and exploration with the permit and this part or is plans covering, but not limited to, seis- needed as a consequence of default. mic exploration for the period from Oc- (b) Whenever a permittee’s explo- tober 1, 1984, through May 31, 1986, or ration plan, plan of operation, or spe- any portions thereof, must be received cial use permit is revised or modified, by the Regional Director during nor- the permittee shall provide to the Re- mal business hours on June 4, 1984.

443

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00453 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.21 50 CFR Ch. I (10–1–06 Edition)

(c) In addition to containing the in- any exploration permits previously formation required in paragraph (d) of held by it; this section, any exploration plan sub- (4) A map at a scale of 1:250,000 of the mitted shall describe the applicant’s geographic areas in which exploratory plan for carrying out an integrated activities are proposed and of the ap- program of exploratory activities in proximate locations of the applicant’s such a manner as will satisfy the objec- proposed geophysical survey lines, tive and limitations stated in § 37.1. If travel routes to and within the refuge, an applicant submits an exploration fuel caches, and major support facili- plan on May 20, 1983 with the intention ties; of submitting another exploration plan (5) A general description of the type on March 1, 1984, the applicant shall de- of exploratory activities planned, in- scribe in its initial plan how its future cluding alternate exploratory methods exploratory activities will be inte- and techniques if proposed, and the grated with those proposed under its manner and sequence in which such ac- initial plan. Any applicant submitting tivities will be conducted; an exploration plan on May 20, 1983 (6) A description of how various ex- which incorporates preliminary field ploratory methods and techniques will investigations and/or surface geologi- be utilized in an integrated fashion to cal exploration proposed to commence avoid unnecessary duplication of the before August 1, 1983 may submit a applicant’s own work; written request to the Regional Direc- (7) A schedule for the exploratory ac- tor for an expedited review and ap- tivities proposed, including the approx- proval of that portion of the explo- imate dates on which the various types ration plan covering such preliminary of exploratory activities are proposed investigations and/or exploration. Each to be commenced and completed; exploration plan submitted must be (8) A description of the applicant’s published and be the subject of a public proposed communication technniques; hearing in accordance with require- (9) A description of the equipment, ments of § 37.22(b). support facilities, methods of access and personnel that will be used in car- (d) An exploration plan shall set rying out exploratory activities; forth in general terms such informa- (10) A hazardous substances control tion as is required by this part and by and contingency plan describing ac- the Regional Director in determining tions to be taken to use, store, control, whether the plan is consistent with clean up, and dispose of these materials this part, including, but not limited to: in the event of a spill or accident; (1) The name and address of any per- (11) A general description of the an- son who will conduct the proposed ex- ticipated impacts that the proposed exploratory activities, i.e., the applicant/ ploratory activities may have on the permittee, and, if that person is an refuge’s wildlife, its habitat, the envi- agency, firm, corporation, organiza- ronment, subsistence uses and needs, tion, or association, the names and ad- and cultural resources, and a descrip- dresses of the responsible officials, or, tion of mitigating measures which will if a partnership, the names and ad- be implemented to minimize or avoid dresses of all partners; such impacts; (2) The names and addresses of all (12) A description of the proposed persons planning at the time of plan procedures for monitoring the environ- submittal to participate in the pro- mental impacts of its operation and its posed exploratory activities or share in compliance with all regulatory and the data and information resulting permit requirements; therefrom through a cost-sharing or (13) A statement that, if authorized any other arrangement; to conduct exploratory activities, the (3) Evidence of the applicant’s tech- applicant shall comply with this part, nical and financial ability to conduct its special use permit, its approved ex- integrated and well designed explor- ploration plan, plan of operation, and atory activities in an arctic or sub- all reasonable stipulations, demands arctic environment and of the appli- and orders issued by the Regional Di- cant’s responsibility in complying with rector;

444

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00454 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.22

(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 (15) Such other pertinent information written notice of his determination. as the Regional Director may reason- (c) Whenever the Regional Director ably require. disapproves an exploration plan in [48 FR 16858, Apr. 19, 1983, as amended at 49 whole or in part, he shall notify the ap- FR 7570, Mar. 1, 1984] plicant in writing of the reasons for his disapproval. The applicant may request § 37.22 Approval of exploration plan. the Director to consider that which (a) An exploration plan shall be ap- was disapproved by the Regional Direc- proved by the Regional Director if he tor by filing a written request with the determines that it satisfies the require- Director, U.S. Fish and Wildlife Serv- ments of § 37.21 (c) and (d) and is other- ice, Department of the Interior, Wash- wise consistent with the Act and the ington, DC 20240, within 30 days from regulations of this part. In order to the date of disapproval. Such a request meet the objective and limitations shall not operate to stay the Regional stated in § 37.1, enforce the standards Director’s disapproval. The request stated in § 37.11(b), or minimize adverse shall: impacts on subsistence uses, the Re- (1) State fully the basis for the appli- gional Director may approve or disapprove any exploration plan in whole cant’s disagreement with the Regional or in part or may require, as a condi- Director’s determination; tion of approval, an applicant to con- (2) Include any statement or docu- duct its exploratory activities in an as- mentation, in addition to that already signed area or jointly with other appli- submitted by the applicant with its ap- cants or to make such modification in plication, which demonstrates that the its exploration plan as he considers applicant’s exploration plan is con- necessary and appropriate to make it sistent with this part; and consistent with this part. No plan shall (3) Indicate whether or not the appli- be approved if the applicant submitting cant requests an informal hearing be- it does not demonstrate to the reason- fore the Director. able satisfaction of the Regional Direc- The Director shall provide an informal tor its adequate technical and financial hearing if requested by the applicant. ability to conduct integrated and well Within 30 days of the receipt of the ap- designed exploratory activities in an plicant’s request for reconsideration or arctic or subarctic environment, and a of the applicant’s hearing, if any, history of responsible compliance with whichever is later, the Director shall any exploration permits that it or its affirm, reverse, or modify the Regional responsible officials or partners may have previously held. Director’s determination. Written no- (b) Upon receipt of an exploration tice of the Director’s decision and the plan submitted in accordance with reasons therefor shall be provided § 37.21(b), the Regional Director shall promptly to the applicant. The Direc- promptly publish notice of the applica- tor’s decision shall constitute the final tion and text of the plan in the FED- administrative decision of the Sec- ERAL REGISTER and newspapers of gen- retary in the matter. Nothing in this eral circulation in the State of Alaska. part shall be construed to deprive the The Regional Director shall determine Secretary or the Assistant Secretary within 90 days after the plan is sub- for Fish and Wildlife and Parks of the mitted whether the plan is consistent authority to take jurisdiction at any with this part. The Regional Director stage of any appeal or request for re- may extend this 90-day period for up to consideration and render the final deci- 30 additional days upon written notice sion in the matter after holding any in- to the applicant. Before making his de- formal hearing that may be required, termination, the Regional Director to review any decision of the Regional shall hold at least one public hearing Director or Director, or to direct the in the State for the purpose of receiv- Regional Director or Director to recon- ing public comments on the plan and sider a decision.

445

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00455 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.23 50 CFR Ch. I (10–1–06 Edition)

(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 processed, analyzed and interpreted within the coastal plain allotted pursu- data or information shall be held con- ant to the Act of May 17, 1906, 34 Stat. fidential by the Department for a pe- 197, as amended by the Act of August 2, riod of not less than 10 years following 1956, 70 Stat. 954, or on lands within the the submission of such data or infor- coastal plain the surface estate in mation to the Regional Director or 2 which has been selected by or conveyed years following any lease sale includ- to the Kaktovik Inupiat Corporation ing the area within the refuge from pursuant to Sections 12 and 14 of the which the information was obtained, Alaska Native Claims Settlement Act, whichever period is longer, as provided 85 Stat. 701 and 702, 43 U.S.C. 1611 and in § 37.54; and 1613, the Regional Director shall seek (3) Require that all raw data and in- the views of the holder of such ap- formation obtained as a result of car- proved native allotment or the Cor- rying out the plan shall be made avail- poration for the purpose of developing able by the permittee to any person at permit conditions designed to mitigate fair cost. the effects of such exploration on its (e) In the course of evaluating an ex- interests. ploration plan, the Regional Director shall also evaluate the effect of the § 37.24 Plan of operation. proposed exploratory activities on sub- Each approved exploration plan shall sistence uses and needs, the avail- be supplemented by a written plan of ability for exploration of alternate operation for each fiscal year, or por- areas within the coastal plain, and al- tions thereof, covered by the explo- ternatives to the proposed activities ration plan. Each plan of operation which would reduce or eliminate the shall specify the field operations for use of areas within the coastal plain implementing that exploration plan needed for subsistence purposes. If the during the year, or portions thereof, Regional Director finds that the explo- covered by the plan of operation. Each ration plan, if approved, would signifi- plan of operation shall be submitted to cantly restrict subsistence uses, he the Regional Director at least 30 days shall satisfy the requirement to hold a before field operations are to be com- hearing on this isssue by incorporating menced thereunder, except that any it in any hearing held pursuant to plan of operation supplementing a por- paragraph (b) of this section and shall tion of an exploration plan that re- otherwise satisfy the procedural received expedited review and approval quirements of section 810(a) of the pursuant to § 37.21(c) shall be submitted Alaska National Interest Lands Con- 10 days before field operations are to be servation Act, 94 Stat. 2427, 16 U.S.C. commenced thereunder. A plan of oper- 3120, before approving the plan. ation shall set forth such specific information as is required by the Regional § 37.23 Special use permit. Director in determining whether the (a) Within 45 days, or sooner if prac- plan is consistent with the exploration ticable, of approving an exploration plan to which it pertains and with this plan, or portion thereof, the Regional part. The permittee shall make such Director shall, unless prohibited by modifications in its plan of operation law, issue a special use permit to au- as are deemed at any time by the Re- thorize the permittee to proceed with gional Director to be necessary and ap- those exploratory activities described propriate to ensure such consistency.

446

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00456 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.31

Reconsideration of the Regional Direc- Subpart D—Environmental tor’s actions under this section may be Protection obtained by employing the procedures described in § 37.22(c). § 37.31 Environmental protection. (a) The permittee shall conduct oper- § 37.25 Revision. ations in a manner which avoids sig- (a) A permittee may request the Re- nificant adverse effects on the refuge’s gional Director for permission to revise wildlife, its habitat, and environment. its approved exploration plan. Until The Regional Director may impose the Regional Director grants the per- stipulations to supplement the permit- mittee’s request, no revision of its ex- tee’s special use permit and issue other ploration plan shall be implemented. orders as needed to ensure that the per- Such request shall be deemed to be mittee’s activities are conducted in a granted on the 10th working day fol- manner consistent with this part. If, after 30 days, or in emergencies such lowing its receipt unless the Regional shorter periods as shall not be unrea- Director denies the request; advises the sonable, following a demand by the Re- permittee that the proposed revision is gional Director, the permittee shall major and, therefore, must satisfy the fail or refuse to perform any action re- publication and hearing requirements quired by this part, its exploration of § 37.22(b) before it can be acted upon; plan, plan of operation, special use per- by timely written notice extends the mit, or a stipulation or order of the period for considering the request; con- Refuge Manager, the department shall ditionally approves the proposed revi- have the right, but not the obligation, sion with such modifications as he stip- to perform any or all such actions at ulates are necessary and appropriate; the sole expense of the permittee. Prior or, unconditionally approves the pro- to making such demand, the Regional posed revision within a shorter period. Director shall confer with the per- No revision of an exploration plan shall mittee, if practicable to do so, regard- be approved that is inconsistent with ing the required action or actions in- the Act or this part. Approval of any cluded in the demand. Reconsideration revision is subject to the conditions of the Regional Director’s demands under this section may be obtained by stated in § 37.22(d) to the extent that employing the procedures described in they are pertinent. § 37.22(c). A request for reconsideration (b) Upon 10 working days advance no- shall not operate to stay the Regional tice to the Regional Director of its pro- Director’s demands or the Depart- posed revision, or within such lesser ment’s performance pursuant to this period as may be concurred in by the section unless such stay is granted in Regional Director, a permittee may writing by the Director. implement a revision of its plan of op- (b) Terrestrial environment. (1) Vehi- eration, provided that such revision is cles shall be operated in a manner such consistent with the exploration plan to that the vegetative mat or soil is not which the plan of operation pertains significantly damaged or displaced. and this part. The Regional Director Blading of snow on trails or campsites may require the permittee to defer, shall be limited so as to maintain an modify, or rescind such revision when- adequate protective cover. ever he determines that such action is (2) Ground vehicles shall be of the necessary and appropriate to ensure type causing the least practicable such consistency. harm to the surface, such as Nodwell (c) Reconsideration of the Regional FN–110 or FN–60 or Bombardier track Director’s actions under this section vehicles, mobile camps on flexible tracks or skids, vibrator units on flexi- may be obtained by employing the pro- ble tracks or wheels, D–7 Caterpillar cedures described in § 37.22(c). A request tractors, or their equivalent. They for reconsideration shall not operate to shall be operated only in the winter stay the Regional Director’s actions and where there is adequate protective unless such stay is granted in writing cover. Vehicle operation shall cease in by the Director. the spring when the Regional Director

447

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00457 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.31 50 CFR Ch. I (10–1–06 Edition)

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 cluding bottom sediments, on durable conducting exploratory activities. ground, and on lagoons which are fro- Crossings of stream, river, or lake zen to sufficient depth to ensure safety banks shall utilize a low angle ap- of personnel, but shall not be located proach or, if appropriate, snow bridges. on river ice. Durable ground can in- If snow bridges are utilized for bank clude gravel or sand bars or vegetated protection they shall be free of dirt and ground with adequate protective cover. debris and shall be removed after use (6) Campsites and trails shall be kept or prior to breakup each year, which- clean of waste. ever occurs first. (7) Gray water may be discharged to (2) No water shall be removed from the surface provided it is filtered, dis- any subsurface source. Removal of infected, and not discharged directly water or snow cover from or compac- into lakes and rivers. tion of snow cover on streams, rivers or (8) The permittee shall take all pre- lakes identified by the Regional Direc- cautionary measures necessary to pre- tor as inhabited by fish shall be prohib- vent and suppress man-caused tundra ited during the winter. fires and shall notify the Regional Di- (3) To protect fish and other aquatic rector of the occurrence of any tundra fauna, high explosives shall not be det- fires immediately or as soon as com- onated within, beneath, on or in close munication can be established. proximity to fish-bearing waters unless (9) Rehabilitation of disturbed sur- prior drilling indicates that the water face areas shall be accomplished by the body, including its substrate, is solidly permittee in accordance with schedules frozen. The minimum acceptable offset and a plan required and approved by from fishing-bearing waters for various the Regional Director. Revegetation size charges is: shall be accomplished exclusively with 1 pound charge—50 feet endemic species. 2 pound charge—75 feet (10) The permittee shall not harass 5 pound charge—125 feet wildlife in any manner, including, but 10 pound charge—150 feet 25 pound charge—250 feet not limited to, close approach by sur- 100 pound charge—500 feet face vehicles or aircraft. Aircraft should maintain an altitude of at least Use of a charge in excess of 100 pounds 1500 feet above ground level whenever shall be approved by the Regional Di- practicable. rector and shall be in a manner pre- (11) No explosives shall be detonated scribed or approved by him. within 1⁄2 miles of any known denning (4) All operations shall be conducted brown or polar bear or any muskoxen in a manner that will not impede the or caribou herd. passage of fish, disrupt fish spawning, (12) The permittee shall operate in overwintering or nursery areas identi- such a manner as not to impede or re- fied by the Regional Director or block strict the free passage and movement or change the character or course of, or of large mammals, including caribou, cause significant siltation or pollution muskoxen, moose, polar bear, and of any stream, river, pond, pothole, brown bear. lake, lagoon, or drainage system. (13) Feeding of wildlife is prohibited. (5) Ground vehicles shall not cross This includes the leaving of garbage or active spring areas.

448

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00458 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.31

(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. by mitigate, minimize or avoid any ad- (3) No discharge of petroleum, petro- verse effects thereon. leum products, or toxic materials shall (2) Unless otherwise specified by the be made within the refuge. All haz- Regional Director, the following prohi- ardous subtances utilized and/or gen- bitions shall be in effect: erated in conducting exploratory ac- (i) No vehicle of any type shall pass tivities shall be contained, controlled, over or through a known cultural re- and cleaned up in accordance with the source site with standing structures; permittee’s approved hazardous sub- and stances control and contingency plan. (ii) No seismic train shall camp on a Such measures shall take precedence known cultural resource site. over all other matters except human (3) If any exploratory activities re- safety. quire entry into areas known to contain historic or archeological re- (4) Unless exigencies warrant, in any sources, high probability areas, or field operations employing surface geo- areas previously unsurveyed for cul- logical exploration, the equipment, fa- tural resources, prior to the initiation cilities, and personnel used within the of such activities, the permittee shall, coastal plain shall not exceed that nec- if ordered by the Regional Director, lo- essary to support a maximum of 6 si- cate, identify and evaluate properties multaneously operating surface geo- eligible for listing on the National Reg- logical survey crews, and in any field ister of Historic Places, recover for the operations employing seismic explo- Department historic and archeological ration methods, the equipment, facili- data contained in such properties, and ties, and personnel used within the take other measures, as directed by the coastal plain shall not exceed that nec- Regional Director, designed to miti- essary to support a maximum of 6 si- gate, minimize or avoid to the extent multaneously operating seismic survey practicable any significant adverse ef- crews. fects on them. Such efforts shall be (5) No fuel storage facilities shall be done in a manner prescribed or ap- placed within the annual floodplain of proved by the Regional Director in ac- fish-bearing watercourses or within 100 cordance with a programmatic memo- feet of any other water body, and no randum of agreement among the Serv- vehicle refueling shall occur within ice, the State Historic Preservation Of- such areas except when approved by ficer and the Advisory Council on His- the Regional Director. All fuel storage toric Preservation, and without ex- sites shall be approved by the Regional pense or liability to the Department. Director. Fuel containers shall be prop- (e) General. (1) All spills or leakages erly stored and marked with the per- of any hazardous substances, fires, fa- mittee’s name, type of fuel, and last talities, and any other conditions date of filling. All fuel containers with which threaten the refuge’s resources, a storage capacity greater than 55 gal- the environment, or human safety, lons shall be of double-wall construc- shall be reported by the permittee to tion. All fuels containers, including the Regional Director immediately or those emptied, shall be capped when as soon as communication can be es- not in actual use. All fuel containers tablished. Other notifications shall be placed within the annual floodplain of

449

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00459 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.32 50 CFR Ch. I (10–1–06 Edition)

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 plain. The type and location of tem- line parallel to and two miles west of porary structures and facilities includ- the Niguanak River, crossing portions ing, but not limited to, ice airstrips, of the Okerokovik River, and extending for use in support of exploratory activi- south to the southern boundary of the ties must be approved by the Regional coastal plain, and on the south by the Director. southern boundary of the coastal plain. (c) Brown bear and polar bear denning § 37.32 Special areas. special areas. Whenever he deems it nec- (a) Caribou calving and post-calving essary or appropriate to ensure that special areas. The Regional Director exploratory activities do not signifi- shall designate within the coastal plain cantly adversely affect denning bears, specific caribou calving and post- the Regional Director shall designate calving special areas which shall be within the coastal plain brown bear closed to all exploratory activities for and polar bear denning sites within 1⁄2 such periods between May 10 and July mile of which all exploratory activities 15 of each year as those areas are deter- shall be prohibited for such periods be- mined by the Regional Director to be tween October 1 of one year and April used for caribou calving and post- 30 of the following year as are pre- calving or both so as to ensure that ex- scribed by the Regional Director. ploratory activities do not signifi- (d) Snow goose staging special areas. cantly adversely affect calving and Whenever he deems it necessary or ap- post-calving caribou. No exploratory propriate to ensure that exploratory activities shall be conducted in such activities do not significantly ad- designated areas during such periods. versely affect staging snow geese, the (b) Muskoxen calving special areas. Regional Director shall designate with- Whenever he deems it necessary or ap- in the general area bordered on the propriate to ensure that exploratory east by the Aichilik River, on the activities do not significantly ad- north by the mainland coastline, on versely affect calving muskoxen, the the west by the Hulahula River, and on Regional Director shall designate with- the south by the southern boundary of in the following areas specific areas the coastal plain, specific snow goose which shall be closed to all exploratory staging special areas which shall be activities for such periods between closed to all exploratory activities dur- April 15 and June 5 of each year as ing such periods between August 20 and those areas are determined by the Re- September 10 of each year as those gional Director to be used for areas are determined by the Regional muskoxen calving. No exploratory ac- Director to be used for snow goose tivities shall be conducted in such des- staging. No exploratory activities shall ignated areas during such periods. be conducted in such designated areas (1) One generally encompassing the during such periods. Tamayariak uplands bordered on the (e) In addition, the Regional Director east by the Tamayariak River, on the may designate specific areas within the northwest by the Canning River, on the coastal plain that are important for east by a north-south line intersecting other wildlife or that encompass lands the benchmark ‘‘Can’’, and on the the surface estate in which is owned by

450

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00460 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.43

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 designated special areas and of the appli- § 37.42 Inspection and monitoring. cable limitations on its exploratory activities as far in advance of the effec- The Regional Director may designate tive dates of such limitations as is pos- field representatives, hereinafter sible. The Regional Director may mod- known as Field Monitors, to monitor ify or remove such designations and the exploratory activities in the field. limitations whenever he determines A Field Monitor may exercise such au- that they are no longer necessary to thority of the Regional Director as is protect the resources or values of such provided by delegation, except that a special areas from significant adverse Field Monitor may not revoke a per- effects. mittee’s special use permit, and pro- (g) No exploratory activities shall be vided that any order issued by a Field conducted by any permittee at any Monitor which suspends all of a per- time within 1⁄2 mile of the source of the mittee’s field activities shall, except in Sadleochit Spring or within 1⁄4 mile on emergencies, require the concurrence either side of Sadlerochit Spring Creek of the Regional Director. The Regional for a distance of 5 miles downstream Director shall have a continuing right from its source. of access to any part of the exploratory activities at any time for inspection or § 37.33 Environmental briefing. monitoring and for any other purpose The permittee shall provide opportu- that is consistent with this part. A per- nities for the Regional Director to con- mittee, upon request by the Regional duct environmental and other perti- Director, shall furnish lodging, food, nent briefings for all of its personnel and reasonable use of its communica- involved in field operations prior to tion and surface and air transportation commencement of field work and peri- systems, to the Field Monitors and odically thereafter as the Regional Di- other representatives of the United rector may determine. The permittee States for the purposes of inspecting shall require the attendance of its per- and monitoring the permittee’s explo- sonnel and arrange the time and place for such briefings upon the request of ration activities in the field and for the Regional Director. In addition, the any other purpose consistent with this permittee shall provide a copy of this part. Whenever possible, the Regional part to each employee involved with its Director shall give advance notice of exploratory activities. the need for such services and facilities, including the names of persons to Subpart E—General Administration be accommodated. § 37.41 Responsibilities of the Regional § 37.43 Suspension and modification. Director. If at any time while exploratory ac- The Regional Director is authorized tivities are being carried out under an to approve and disapprove exploration approved exploration plan and special plans; issue special use permits; inspect use permit, the Regional Director, on and regulate exploratory activities; re- the basis of information available to quire compliance with the permittee’s him, determines that continuation of approved exploration plan, plan of op- further activities under the plan or eration, this part, and other statutes permit will significantly adversely af- and regulations under which the refuge fect the refuge’s wildlife, its habitat, or

451

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00461 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.44 50 CFR Ch. I (10–1–06 Edition)

the environment, or significantly re- quishment of a permit to conduct ex- strict subsistence uses, or that the per- ploratory activities shall not relieve mittee has failed to comply with its ap- the permittee of the obligation to com- proved exploration plan, plan of oper- ply with all other obligations specified ation, special use permit, any reason- in this part and in its special use per- able stipulation, demand or order of mit, approved exploration plan and the Regional Director, or any regula- plan of operation. Reconsideration of tion of this part, the Regional Director the Regional Director’s actions under may, without any expense or liability this section may be obtained by em- to the Department, suspend activities ploying the procedures described in under the plan and/or permit for such § 37.22(c). A request for reconsideration time, or make such modifications to shall not operate to stay the Regional the plan and/or permit, or both suspend Director actions unless such stay is and so modify, as he determines nec- granted in writing by the Director. essary and appropriate. Such suspensions shall state the reasons therefore § 37.45 Exploration by the U.S. Geo- and be effective immediately upon re- logical Survey. ceipt of the notice. Suspensions issued Notwithstanding the requirement orally shall be followed by a written found in § 37.21(b) on when exploration notice confirming the action within 3 plans shall be submitted, the U.S. Geo- days, and all written notices will be logical Survey may at any time apply sent by messenger or registered mail, for a special use permit to conduct ex- return receipt requested. A suspension ploratory activities by submitting for shall remain in effect until the basis approval one or more exploration plans for the suspension has been corrected in accordance with the requirements of to the satisfaction of the Regional Di- this part and the Act. No plan sub- rector. For good cause, the Regional mitted by the Survey will be approved Director may also grant at the permit- unless (1) no other person has sub- tee’s request, a written waiver of any mitted a plan for the area involved provision of its special use permit, so which satisfies the regulations of this long as such waiver will not be likely part and (2) the information which to result in significant adverse effects would be obtained from the Survey is on the refuge’s resources. Reconsider- needed to make an adequate report to ation of the Regional Director’s ac- Congress pursuant to the Act. Sections tions under this section may be ob- 37.13, 37.14, 37.22(d)(3), 37.46, 37.47, and tained by employing the procedures de- 37.54(d) and the provisions of scribed in § 37.22(c). A request for recon- §§ 37.22(d)(2), 37.53(e), and 37.54 on proc- sideration shall not operate to stay the essed, analyzed and interpreted data or Regional Director’s actions unless such information shall not apply to the Sur- stay is granted in writing by the Direc- vey. If authorized to conduct explor- tor. atory activities, the Survey shall comply with this part in all other respects. § 37.44 Revocation and relinquish- All contractors and subcontractors ment. used by the Survey to conduct explor- For nonuse, for failure to comply atory activities shall be subject to all with § 37.14, or for any action of the of the regulations of this part except- permittee not consistent with this ing §§ 37.13 and 37.46 and the provisions part, the Regional Director may revoke of §§ 37.22(d)(2), 37.53(e), and 37.54 on or a permittee may relinquish a special processed, analyzed and interpreted use permit to conduct exploratory ac- data or information. tivities at any time by sending to the other a written notice of revocation or § 37.46 Cost reimbursement. relinquishment. Such notice shall state (a) Each applicant for or holder of a the reasons for the revocation or relin- special use permit issued under this quishment and shall be sent by reg- part shall reimburse the Department istered mail, return receipt requested, for its actual costs incurred, including, at least 30 days in advance of the date but not limited to, its direct costs and that the revocation or relinquishment indirect costs as established by the in- will be effective. Revocation or relin- direct cost rate of the charging bureau

452

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00462 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.46

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 ation, special use permit and this part; notice of the applicant’s withdrawal performing the permittee’s obligations and for costs subsequently incurred by pursuant to § 37.31(a); and identifying, the Department in terminating permit evaluating and preserving historic, ar- preparation and issuance. cheological and cultural resources in (3) When two or more applications areas to be explored by the permittee; are filed which the Regional Director as further delineated by the Regional determines to be in competition with Director. each other, each applicant shall reim- (b) Each applicant shall submit with burse the Department for such actual each exploration plan submitted a pay- costs incurred in processing its explo- ment, the amount of which shall be an ration plan and special use permit, if estimate made by the Regional Direc- issued, except that those costs which tor of the costs which will be incurred are not readily identifiable with one of by the Department in publishing, re- the applicants, shall be paid by each of viewing, modifying and approving or the applicants in equal shares. disapproving the applicant’s explo- (c) Upon issuance of a special use per- ration plan. mit, the permittee shall make an ini- (1) If the applicant’s plan is dis- tial advance payment covering that approved or if the applicant withdraws current fiscal year quarter and quar- its application before a decision is terly payments thereafter to cover the reached on its plan, the applicant shall actual costs incurred by the Depart- be responsible for such costs incurred ment in administering the permittee’s by the Department in processing the permit for its duration. Such costs applicant’s application up to the date shall include, but are not limited to, on which the plan is disapproved or the those direct costs and indirect costs, as Regional Director receives written no- established by the indirect costs rate of tice of the applicant’s withdrawal, and the charging bureau or office, incurred for costs subsequently incurred by the in reviewing and acting on permittee’s Department in terminating the appli- plan(s) of operation; reviewing evi- cation review process. If the costs actu- dence of the permittee’s compliance ally incurred exceed the estimate paid with any order given by the Regional at the time of application, reimburse- Director under § 37.13; preparing and ment by the applicant of such addi- issuing the permittee’s special use per- tional costs shall be due within 30 days mit; inspecting, monitoring, and en- of receiving notice from the Regional forcing the permittee’s compliance Director of the additional amount due. with its approved exploration plan, If the actual costs incurred are less plan(s) of operation, special use permit than the estimate paid by the appli- and this part; performing the permit- cant, the excess shall be refunded to tee’s obligations pursuant to § 37.31(a); the applicant. and identifying, evaluating and pre- (2) If the applicant’s plan is approved, serving historic, archeological and cul- the applicant shall pay an estimate tural resources in areas to be explored made by the Regional Director of the by the permittee. Each quarterly pay- costs which will be incurred by the De- ment will be paid at the outset of the

453

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00463 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.47 50 CFR Ch. I (10–1–06 Edition)

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 on the basis of the best available cost the notice (hereinafter the respondent) information. However, reimbursement or his authorized representative. The shall not be limited to the Regional Di- notice shall contain: rector’s estimate if actual costs exceed (i) A summary of the facts believed projected estimates. to show a violation by the respondent; (e) All payments required by this sec- (ii) A specific reference to the provi- tion shall be made payable to the Serv- sion, term, condition or prohibition alice. No applicant or permittee shall set legedly violated; and off or otherwise deduct any debt due to (iii) The amount of the penalty pro- or any sum claimed to be owed to it by posed to be assessed. The notice may the United States from any payment also contain an initial proposal for required by this section. Overpayments compromise or settlement of the ac- shall be credited or refunded to the per- tion. son making them. (2) The notice of violation shall also (f) When through partnership, joint advise respondent of his right to: venture or other business arrangement (i) Respond to the notice within 45 more than one person applies for or calendar days from the date of its participates in a special use permit, issuance by: (A) Undertaking informal each shall be jointly and severally lia- discussions with the Solicitor; (B) Ac- ble for reimbursing the Department’s cepting the proposed penalty or the cost under this section. compromise, if any, offered in the no- (g) Any lodging, food, communica- tice; or (C) Filing a petition for relief tion, and transportation provided by a in accordance with paragraph (c) of permittee under § 37.42 shall be deemed this section; or to be costs paid to the Department in (ii) Take no action and await the So- kind for services rendered in inspecting licitor’s notice of assessment. Such re- and monitoring the permittee’s explor- sponse must be received by the Solic- atory activities. At the end of each itor on or before the 45th day during quarter, the permittee shall furnish the normal business hours at the address Regional Director with a report, in a stated in the notice. format approved or prescribed by him, (3) Any notice of violation may be on the goods and services provided dur- amended, but any nontechnical amending that quarter, and the names of the ment will extend the running of the re- individuals to whom they were pro- spondent’s 45 day period for response vided. from the date of the notice to the date (h) Any dispute between an applicant of the amendment. or permittee and the Regional Director (4) Acceptance of the proposed pen- as to costs actually incurred by the De- alty or the compromise, if any, stated partment and charged to the applicant in the notice of violation shall be or permittee shall be finally decided deemed to be a waiver of the notice of for the Secretary by the Director, assessment required in paragraph (d) of using the procedures described in this section and of the respondent’s § 37.22(c). right to an opportunity for a hearing

454

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00464 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.47

described in paragraph (e) of this sec- shall state the respondent’s preference tion. as to the place and date for a hearing. (c) Petition for relief. If the respondent The request must enclose a copy of the chooses, he may ask that no penalty be notice of violation and the notice of as- assessed or that the amount be reduced sessment. A copy of the request shall and he may admit or contest the legal be served upon the Solicitor personally sufficiency of the Solicitor’s charges or by mail at the address specified in and allegations of facts, by filing a pe- the notice of assessment. tition for relief at the address specified (f) Finality of decision. If no request in the notice within 45 calendar days for a hearing is filed in accordance from the date thereof. Such petition with this section, the assessment stat- must be received by the Solicitor on or ed in the notice of assessment shall be before the 45th day during normal busi- effective and constitute the final ad- ness hours. The petition shall be in ministrative decision of the Secretary writing and signed by the respondent. on the 45th calandar day from the date If the respondent is a corporation, of the notice of assessment. If the re- partnership, association or agency, the quest for hearing is timely filed in ac- petition must be signed by an officer or cordance with this section, the date of official authorized to sign such docu- the final administrative decision in the ment. It must set forth in full the legal matter shall be as provided in para- or other reasons for the relief re- graph (g) or (h) of this section. When a quested. civil penalty assessed under this sec- (d) Notice of assessment. (1) After 45 tion becomes final, the respondent calendar days from the date of the no- shall have 20 calendar days from the tice of violation or any amendment date of the final administrative deci- thereof, the Solicitor may proceed to sion within which to make full pay- determine whether the respondent ment of the penalty assessed. Payment committed the violation alleged and to will be timely only if received in the determine the amount of civil penalty Office of the Solicitor during normal to be assessed, taking into consider- business hours on or before the 20th ation the information available and day. such showing as may have been made (g) Hearing. (1) Upon receipt of a re- by the respondent. The Solicitor shall quest for a hearing, the Hearings Divi- notify the respondent of his determina- sion will assign an administrative law tions by a written notice of assess- judge who shall have all the powers ac- ment, which shall also set forth the corded by law and necessary to preside basis for his determinations. The no- over the parties and the hearing and to tice of assessment shall be served on make decisions in accordance with 5 the respondent personally or by reg- U.S.C. 554 through 557. Notice of such istered mail. assignment shall be given promptly to (2) The notice of assessment shall the respondent and to the Solicitor at also advise the respondent of his right the address stated in the notice of as- to request a hearing on the matter in sessment. Upon notice of the assign- accordance with paragraph (e) of this ment of an administrative law judge to section. the case, the Solicitor shall file all cor- (e) Request for a hearing. Within 45 respondence and petitions exchanged calendar days from the date of the between the Solicitor and the respond- issuance of the notice of assessment, ent which shall become a part of the the respondent may request a hearing hearing record. to be conducted on the matter in ac- (2) The hearing shall be conducted in cordance with 5 U.S.C. 554 through 557 accordance with 5 U.S.C. 554 through by filing a dated, written request for 557 and with 43 CFR part 4 to the ex- hearing with the Hearings Division, Of- tent that it is not inconsistent with fice of Hearings and Appeals, Depart- this part. Subject to 43 CFR 1.3, the re- ment of the Interior, 801 North Quincy spondent may appear in person, by rep- Street, Arlington, Virginia 22203. Such resentative, or by counsel. The hearing request must be received at this ad- shall be held in a location established dress on or before the 45th day during by the administrative law judge, giving normal business hours. The respondent due regard to the convenience of the

455

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00465 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.47 50 CFR Ch. I (10–1–06 Edition)

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 CFR 4.1130 through 4.1141. In addition, this section, the administrative law discovery of facts known and opinions judge’s decision shall constitute the held by experts, otherwise discoverable final administrative decision of the under 43 CFR 4.1132(a) and acquired and Secretary in the matter and shall be- developed in anticipation of adminis- come effective 30 calendar days from trative adjudication or litigation, may the date of the decision. be obtained only as follows: (h) Appeal. (1) Either the respondent (i)(A) A party through interrog- or the Solicitor may seek an appeal atories require any other party to iden- from the decision of an administrative tify each person whom the other party law judge as to the respondent’s viola- expects to call as an expert witness, to tion or penalty or both by the filing of state the subject matter on which the a notice of appeal with the Director, expert is expected to testify, and to Office of Hearings and Appeals, United state the substance of the facts and States Department of the Interior, 801 opinions to which the expert is ex- North Quincy Street, Arlington, Vir- pected to testify and a summary of the ginia 22203, within 30 calendar days of grounds for each opinion. the date of the administrative law (B) Upon motion, the administrative judge’s decision. Such notice shall be law judge may order further discovery accompanied by proof of service on the by other means, subject to such re- administrative law judge and the op- strictions as to scope and such provi- posing party. sions under paragraph (g)(3)(iii) of this (2) Upon receipt of such a request, section concerning fees and expenses, the Director, Office of Hearings and as the administrative law judge may Appeals, shall appoint an ad hoc ap- deem appropriate. peals board to determine whether an (ii) A party may discover facts appeal should be granted, and to hear known or opinions held by an expert, and decide an appeal. To the extent who has been retained or employed by they are not inconsistent herewith, the another party in anticipation of admin- provisions of 43 CFR part 4, subpart G istrative adjudication or litigation or shall apply to appeal proceedings under preparation therefore and who is not this paragraph. The determination of expected to be called as a witness, only the board to grant or deny an appeal, upon a showing of exceptional cir- as well as its decision on the merits of cumstances under which it is impracti- an appeal, shall be in writing and be- cable for the party seeking discovery come effective as the final administra- to obtain facts or opinions on the same tive determination of the Secretary in subject by other means. the matter on the date it is rendered, (iii) Unless manifest injustice would unless otherwise specified therein. result, (A) the administrative law (i) Amount of penalty. The amount of judge shall require the party seeking any civil penalty assessed under this discovery to pay the expert, or the De- section shall not exceed $10,000 for each partment if the expert is an employee violation. Each day of a continuing of the United States, a reasonable fee violation shall, however, constitute a for time spent in responding to para- separate offense. In determining the

456

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 37.53

amount of such penalty, the nature, (1) A description of the work per- circumstances, extent, and gravity of formed; the violation committed, and, with re- (2) Charts, maps, or plats depicting spect to the respondent, his history of the areas in which any exploratory ac- any prior offenses, his demonstrated tivities were conducted, specifically good faith in attempting to achieve identifying the seismic lines and the timely compliance after being cited for locations where geological exploratory the violation, and such other matters activities were conducted, and the lo- as justice may require shall be consid- cations of campsites, airstrips and ered. other support facilities utilized; (j) Petition for remission. The Solicitor (3) The dates on which exploration may modify or remit, with or without was actually performed. conditions, any civil penalty which is (4) A narrative summary of any: (i) subject to imposition or which has Surface occurrences of hydrocarbon or been imposed under this paragraph un- environmental hazards, and (ii) adverse effects of the exploratory activities on less the matter is pending in court for the refuge’s wildlife, its habitat, the judicial review or for recovery of the environment, cultural resources, or civil penalty assessed. A petition for other uses of the area in which the ac- remission may be filed by the respond- tivities were conducted; and ent with the Solicitor at any time from (5) Such other information as may be the date of the notice of violation re- reasonably specified by the Regional ferred to in paragraph (b) of this sec- Director. tion until 90 days after the date of final (c) Each permittee shall also submit administrative decision assessing a such other reports as are specified in civil penalty. The petition must set this part. forth in full the legal and other reasons for the relief requested. Any petition § 37.52 Records. that is not timely filed will not receive The permittee shall keep accurate consideration. The Solicitor’s decision and complete records relating to its ex- shall be the final administrative deci- ploratory activities and to all data and sion for the Secretary on the petition. information, including, but not limited [48 FR 16858, Apr. 19, 1983, as amended at 67 to, raw, processed, reprocessed, ana- FR 38208, June 3, 2002] lyzed and interpreted data and information, obtained as a result thereof. Subpart F—Reporting and Data Until September 2, 1989, the Secretary Management shall have access to and the right to examine and reproduce any records, pa- § 37.51 Operational reports. pers, or other documents relating to such activities, data and information (a) Each permittee shall submit re- in order to ascertain the permittee’s ports every 2 weeks on the progress of compliance with this part, ability to exploratory activities in a manner and perform under any special use permit, format approved or prescribed by the and reliability and accuracy of all Regional Director. These shall include, data, information and reports sub- but are not limited to, a daily log of mitted to the Regional Director. operations, and a report on the discovery of any springs, hydrocarbon § 37.53 Submission of data and infor- seeps, and other unusual phenomena. mation. (b) Each permittee shall submit to (a) The permittee shall submit to the the Regional Director a semiannual re- Regional Director free of charge all port of exploratory activities con- data and information obtained as a re- ducted within the periods from Decem- sult of carrying out exploratory activi- ber through May and June through No- ties. Such data and information in- vember. These semiannual reports clude copies of all raw data and infor- shall be submitted on August 1 and mation and all processed, analyzed and February 1 or, as otherwise specified by interpreted data or information. The the Regional Director, and shall con- permittee shall, unless directed other- tain the following: wise by the Regional Director, submit

457

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 37.54 50 CFR Ch. I (10–1–06 Edition)

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, (2) All seismic data developed under analyzed and interpreted data or infor- the permit, presented in a format pre- mation. scribed or approved by the Regional Di- (f) If the permittee proposes to trans- rector and of a quality suitable for fer any data or information covered by processing. this section to a third party or the (c) Processed geophysical informa- third party proposes to transfer such tion shall be submitted with extra- data or information to another third neous signals and interference removed party, the transferor shall notify the as much as possible, and presented in a Regional Director at least 10 days in format and of a quality suitable for in- advance and shall require the receiving terpretive evaluation, reflecting state- third party, in writing, to abide by the of-the-art processing techniques. obligations of the permittee as speci- (d) Processed, analyzed and inter- fied in this section as a condition preted data or information required to precedent to the transfer of such data be submitted by the Act and this sec- or information. tion shall include, but not be limited (g) Upon request by the Department, to, seismic record sections, and a permittee shall identify each person intepretations thereof; geologic maps, to whom the permitttee has provided cross sections, and intepretations data and information pursuant to thereof; maps of gravitational and § 37.22(d)(3) and provide a description of magnetic fields and interpretations the area to which such data and infor- thereof; and chemical or other analyses mation pertain. of rock samples collected on the refuge and interpretations thereof. § 37.54 Disclosure. (e) Any permittee or other person (a) The Department shall make raw submitting processed, analyzed and in- data and information obtained as a re- terpreted data or information to the sult of carrying out exploratory activi- Regional Director shall clearly identify ties and submitted by the permittee or them by marking the top of each page a third party available to the public bearing such data or information with upon submittal to the Congress of the the words ’’PROCESSED, ANALYZED report required by subsection (h) of the AND INTERPRETED DATA OR IN- Act in accordance with subsection FORMATION’’. All pages so marked (e)(2)(C) of the Act, this section, and shall be physically separated by the the procedural requirements of the person submitting them from those not Freedom of Information Act, 5 U.S.C. so marked, unless doing so will destroy 552, and 43 CFR part 2. The Department the value or integrity of the data or in- shall withhold from the public all proc- formation presented. In that event or essed, analyzed and interpreted data or in the event that an item is submitted information obtained as a result of car- which is not susceptible to marking by rying out exploratory activities and page, the document or item submitted submitted by the permittee or a third will be accompanied by a summary party, if they have been properly

458

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior Pt. 37, App. I

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 by a permittee or a third party relating certifying that person’s awareness of to the activities covered by the Act the prohibition contained in this para- and this part available to the public in graph and the disqualification stated in accordance with the Freedom of Infor- the first sentence of § 37.4(b). mation Act, 5 U.S.C. 552, and 43 CFR part 2. APPENDIX I TO PART 37—LEGAL DE- (b) The Department reserves the SCRIPTION OF THE COASTAL PLAIN, right to disclose any data and informa- ARCTIC NATIONAL WILDLIFE REFUGE, tion obtained as a result of carrying ALASKA out exploratory activities and sub- Beginning at the meander corner of section mitted by a permittee or a third party 35 on the First Standard Parallel North on and any other information submitted the line of mean high water on the left bank by a permittee or a third party which of the Canning River, T. 5 N., R. 23 E., Umiat may be exempt from public disclosure Meridian; under the Freedom of Information Act, Thence easterly, along the First Standard 5 U.S.C. 552, to an agent or third party Parallel North, approximately 403⁄4 miles to in order to carry out the Department’s the closing corner of T. 4 N., Rs. 30 and 31 E., statutory authorities. When prac- Umiat Meridian; ticable, the Department shall notify Thence southerly, between Rs. 30 and 31 E., approximately 6 miles to the corner of Tps. the permittee who provided the data or 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian; information of its intent to disclose Thence easterly, between Tps. 3 and 4 N., the data or information to an agent or approximately 18 miles to the corner of Tps. third party. Prior to any such disclo- 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian; sure, the recipient shall be required to Thence southerly, between Rs. 33 and 34 E., execute a written commitment not to approximately 6 miles to the corner of Tps. transfer or to otherwise disclose any 2 and 3 N., Rs. 33 and 34 E., Umiat Meridian; data or information to anyone without Thence easterly, between Tps. 2 and 3 N., the express consent of the Department. approximately 21 miles to the meander cor- The recipient shall be liable for any un- ner of sections 4 and 33, on the line of mean high water on the left bank of the Aichilik authorized use by or disclosure of such River, Tps. 2 and 3 N., R. 37 E., Umiat Merid- data or information to other third parian; ties. Thence northeasterly, along the line of (c) The Department reserves the mean high water on the left bank of the right to disclose upon proper request Aichilik River, approximately 32 miles to a any processed, analyzed and inter- point at the line of mean high tide of the preted data and information and any Beaufort Lagoon, located in section 28, T. 6 other confidential information to the N., R. 40 E., Umiat Meridian; State of Alaska, to the Congress and Thence on an approximate forward bearing of N. 65 degrees E., approximately 7,600 feet any committee or subcommittee of the to a point on the northerly boundary of the Congress having jurisdiction over the Arctic National Wildlife Refuge located in refuge or this exploration program, and section 22, T. 6 N., R. 40 E., Umiat Meridian to any part of the Executive and Judi- at the line of extreme low tide;

459

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00469 Fmt 8010 Sfmt 8002 Y:\SGML\208222.XXX 208222 Pt. 37, App. I 50 CFR Ch. I (10–1–06 Edition)

Thence northwesterly, along the northerly to the corner of sections 15, 16, 21 and 22, T. boundary of the Arctic National Wildlife 8 N., R. 33 E., Umiat Meridian; Refuge at the line of extreme low tide on the Thence southerly, between sections 21 and seaward side of all offshore bars, reefs and is- 22, approximately 1 mile to the corner of sec- lands, approximately 28 miles, to a point in tions 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat section 33, T. 9 N., R. 36 E., that is due north Meridian; of the corner of T. 8 N., Rs. 36 and 37 E., Thence westerly, between sections 21 and Umiat Meridian; 28, approximately one mile to the corner of Thence due South, approximately 3⁄4 mile to the corner of T. 8 N., Rs. 36 and 37 E., sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Umiat Meridian; Umiat Meridian; Thence southerly between Rs. 36 and 37 E., Thence southerly, between sections 28 and approximately 3 miles to the corner of sec- 33, 29 and 32, approximately 2 miles to the tions 13, 18, 19, and 24, T. 8. N., Rs. 36 and 37 corner of sections 4, 5, 32 and 33, Tps. 7 and E., Umiat Meridian; 8 N., R. 33 E., Umiat Meridian; Thence westerly, between sections 13 and Thence westerly, between Tps. 7 and 8 N., 24, approximately 1 mile to the corner of sec- approximately 2 miles to the corner of Tps. tions 13, 14, 23 and 24, T. 8. N., R. 36 E., Umiat 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian; Meridian; Thence southerly, between section 1 and 6 Thence northerly, between sections 13 and approximately 1 mile to the corner of sec- 14, approximately 1 mile to the corner of sections 1, 6, 7, and 12, T. 7 N., Rs. 32 and 33 E., tions 11, 12, 13 and 14, T. 8. N., R. 36 E., Umiat Meridian; Umiat Meridian; Thence westerly, between sections 11 and Thence westerly, between sections 1 and 12, 14, 10 and 15, 9 and 16, 8 and 17, approxi- approximately 1 mile to the corner of sec- mately 4 miles to the corner of sections 7, 8, tions 1, 2, 11 and 12, T. 7 N., R. 32 E., Umiat 17 and 18, T. 8 N., R. 36 E., Umiat Meridian; Meridian; Thence southerly, between sections 17 and Thence northerly, between sections 1 and 18, 19 and 20, 29 and 30 to the corner of sec- 2, 35 and 36, approximately 2 miles to the tions 29, 30, 31 and 32, T. 8. N., R. 36 E., Umiat corner of sections 25, 26, 35 and 36, T. 8 N., R. Meridian; 32 E., Umiat Meridian; Thence westerly, between sections 30 and Thence westerly, between sections 26 and 31, approximately 1 mile to the corner of sec- 27, 34 and 35, approximately 2 miles to the tions 25, 30, 31 and 36, T. 8. N., Rs. 35 and 36 corner of sections 27, 28, 33 and 34, T. 8 N., R. E., Umiat Meridian; 32 E., Umiat Meridian; Thence southerly, between sections 31 and Thence southerly, between sections 33 and 36, approximately 1 mile to the corner of 34, approximately one mile to the corner of Tps. 7 and 8 N., Rs. 35 and 36 E., Umiat Me- sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 ridian; Thence westerly, between Tps. 7 and 8 N., E., Umiat Meridian; approximately 1 mile to the corner of sec- Thence westerly, between Tps. 7 and 8 N., tions 1, 2, 35 and 36, Tps. 7 and 8 N., R. 35 E., approximately 3 miles to the corner of Tps. Umiat Meridian; 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian; Thence Northerly, between sections 35 and Thence northerly, between ranges 31 and 32 36 and 25 and 26, 23 and 24, approximately 3 E., approximately 31⁄2 miles to a point on the miles to the corner of sections 13, 14, 23 and northerly boundary of the Arctic National 24, T. 8 N., R. 35 E., Umiat Meridian; Wildlife Refuge at the line of extreme low Thence westerly, between sections 14 and tide located between sections 13 and 18, T. 8 23, 15 and 22, 16 and 21, 17 and 20, 18 and 19, N., Rs. 31 and 32 E., Umiat Meridian; 13 and 24, 14 and 23, 15 and 22, 16 and 21, 17 Thence westerly, along the northerly and 20, approximately 10 miles to the corner boundary of the Arctic National Wildlife of sections 17, 18, 19 and 20, T. 8 N., R. 34 E., Refuge approximately 57 miles along the line Umiat Meridian; of extreme low water of the Arctic Ocean, in- Thence northerly, between sections 17 and cluding all offshore bars, reefs, and islands, 18, approximately 1 mile to the corner of sec- to the most westerly tip of the most north- tions 7, 8, 17 and 18, T. 8 N., R. 34 E., Umiat westerly island, westerly of Brownlow Point, Meridian; section 6, T. 9 N., R. 25 E., Umiat Meridian; Thence westerly, between sections 7 and 18, approximately 1 mile to the corner of sec- Thence on an approximate forward bearing 1 1 tions 7, 12, 13 and 18, T. 8 N., Rs. 33 and 34 E., of S. 56 ⁄2 degree W. approximately 3 ⁄4 miles Umiat Meridian; to the mean high water line of the extreme Thence southerly, between Rs. 33 and 34 E., west bank of the Canning River in section 15, approximately 1 mile to the corner of sec- T. 9 N., R. 24 E., Umiat Meridian; tions 13, 18, 19 and 24, T. 8 N., Rs. 33 and 34 Thence southerly, along the mean high E., Umiat Meridian; water line of the west bank of the Canning Thence westerly, between sections 13 and River approximately 32 miles to the meander 24, 14 and 23, 15 and 22, approximately 3 miles corner on the First Standard Parallel North

460

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00470 Fmt 8010 Sfmt 8002 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 38.4

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. 38.2 Scope. unincorporated possessions; the laws applicable under the special maritime Subpart B—Executive Authority; Authorized jurisdiction contained in 48 U.S.C. 644a; Powers; Emergency Authority and the provisions of the criminal laws of the State of Hawaii to the extent the 38.3 Executive authority; duration. criminal laws of the State of Hawaii do 38.4 Authorized functions, powers, and du- not conflict with the criminal laws of ties. 38.5 Emergency authority. the United States.

Subpart C—Prohibitions § 38.2 Scope. 38.6 General. The provisions of this part are in ad- 38.7 Adopted offenses. dition to the regulations of 50 CFR 38.8 Consistency with Federal law. parts 25–32 which also apply to Midway 38.9 Breach of the peace. Atoll National Wildlife Refuge. 38.10 Trespass. 38.11 Prostitution and lewd behavior. 38.12 Alcoholic beverages. Subpart B—Executive Authority; 38.13 Speed limits. Authorized Powers; Emer- 38.14 Miscellaneous prohibitions. gency Authority 38.15 Attempt. 38.16 Penalties. § 38.3 Executive authority; duration. Subpart D—Civil Administration The executive authority of the Sec- retary of the Interior over the Midway 38.17 General. Islands will be exercised by the Service AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k et Regional Director. The executive au- seq., 664, 668dd, 742(f), 3901 et seq.; 48 U.S.C. thority of the Service Regional Direc- 644a; sec. 48, Pub. L. 86–624, 74 Stat 424; E.O. tor may be redelegated to the Refuge 13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224. Manager, Midway Atoll National Wild- SOURCE: 63 FR 11626, Mar. 10, 1998, unless life Refuge. otherwise noted. § 38.4 Authorized functions, powers, Subpart A—General and duties. The executive authority of the Re- § 38.1 Applicability. gional Director concerning the Midway (a) The regulations of this part apply Islands includes: to the Midway Atoll National Wildlife (a) Issuance of citations for viola- Refuge. For the purpose of this part, tions of this part and 50 CFR parts 25– the Midway Atoll National Wildlife 32; Refuge includes the Midway Islands, (b) Abatement of any public nuisance Hawaiian Group, between the parallels upon the failure of the person con- of 28 deg. 5′ and 28 deg. 25′ North lati- cerned to comply with a removal no- tude, and their territorial seas located tice; approximately between the meridians (c) Seizure of evidence; of 177 deg. 10′ and 177 deg. 30′ West lon- (d) Investigation of accidents and of- gitude, as were placed under the juris- fenses; diction and control of the Interior De- (e) Custody and disposal of lost or partment by the provisions of Execu- abandoned property;

461

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00471 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 38.5 50 CFR Ch. I (10–1–06 Edition)

(f) Regulation of aircraft and boat § 38.7 Adopted offenses. traffic and safety; Any person who commits any act or (g) Imposition of quarantines; omission on Midway Atoll National (h) Evacuation of hazardous areas; Wildlife Refuge which, although not (i) Lawful restraint, detention, con- made punishable by an enactment of finement, and care of persons prior to Congress, would be punishable if com- their prompt transfer to the custody of mitted within the United States under the United States District Court for the United States criminal code at the the District of Hawaii; time of such act or omission, including (j) Lawful removal of person from the any provisions of the United States Midway Atoll National Wildlife Refuge criminal code that are not specifically for cause; applied to unincorporated possessions (k) Regulation of vehicle traffic and of the United States, will be guilty of a safety; like offense and subject to like punish- (l) Performance of other lawful acts ment. Any person who commits any necessary for protecting the health and act or omission on Midway Atoll Na- safety of persons and property on Mid- tional Wildlife Refuge which, although way Atoll National Wildlife Refuge; not made punishable by an enactment and of Congress, would be punishable if (m) Issuance of lawful notices and or- committed within the State of Hawaii ders necessary to the exercise of execu- by the laws thereof at the time of such tive authority under this section. act or omission, will be guilty of a like § 38.5 Emergency authority. offense and subject to like punishment to the extent the laws of the State of During the imminence and duration Hawaii do not conflict with the crimi- of any emergency, the Regional Direc- nal laws of the United States. tor may perform any lawful acts necessary to protect life and property on § 38.8 Consistency with Federal law. Midway Atoll National Wildlife Refuge. Any provisions of the laws of the State of Hawaii, as they now appear or Subpart C—Prohibitions as they may be amended or recodified, which are adopted by this part will § 38.6 General. apply only to the extent that they are In addition to any act prohibited by not in conflict with any applicable this part or 50 CFR part 27, any act Federal law or regulation. committed on the Midway Atoll Na- tional Wildlife Refuge that would be a § 38.9 Breach of the peace. violation of the criminal laws of the No person on Midway Atoll National United States or of the State of Hawaii Wildlife Refuge will: as specified in subpart A of this part, (a) With intent to cause public incon- as they now appear or as they may be venience, annoyance, or alarm, or reck- amended or recodified; or any act com- lessly creating a risk thereof, engage in mitted on the Midway Atoll National fighting, threatening, or other violent Wildlife Refuge that would be criminal or tumultuous behavior; or make un- if committed on board a merchant ves- reasonable noise or offensively coarse sel or other vessel belonging to the utterances, gestures, or displays, or ad- United States pursuant to the provi- dress abusive language to any person sions of 48 U.S.C. 644a, is prohibited present; or create a hazardous or phys- and punishable, in accordance with the ically offensive condition by any act National Wildlife Refuge System Ad- which is not performed under any au- ministration Act, 16 U.S.C. 668dd, the thorized license or permit; criminal laws of the United States or (b) Having no legal privilege to do so, the State of Hawaii as specified in sub- knowingly or recklessly obstruct any part A of this part, as they now appear roadway, alley, runway, private drive- or as they may be amended or recodi- way, or public passage, or interfere fied; or according to the laws applica- with or unreasonably delay any emer- ble on board United States vessels on gency vehicle or equipment or author- the high seas pursuant to the provi- ized vehicle, boat, vessel, or plane, or sions of 48 U.S.C. 644a. any peace officer, fireman, or other

462

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00472 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 U.S. Fish and Wildlife Serv., Interior § 38.14

public official engaged in or attempt- § 38.12 Alcoholic beverages. ing to discharge any lawful duty or of- No person on Midway Atoll National fice, whether alone or with others. Wildlife Refuge will: ‘‘Obstruction’’ as used in this para- (a) Sell any alcoholic beverages to graph means rendering impassable any person who, because of age, would without unreasonable inconvenience or be prohibited from purchasing that hazard; beverage in a civilian establishment in (c) When in a gathering, refuse to Hawaii. obey a reasonable request or order by a (b) Present or have in possession any peace officer, fireman, or other public fraudulent evidence of age for the pur- official: pose of obtaining alcoholic beverages (1) To prevent an obstruction of any in violation of this section. public road or passage; (c) Be substantially intoxicated on (2) To maintain public safety by dis- any street, road, beach, theater, club, persing those gathered in dangerous or other public place from the vol- proximity to a public hazard; or untary use of intoxicating liquor, drugs (d) With intent to arouse or gratify or other substance. As used in this sexual desire of any other person, ex- paragraph, ‘‘substantially intoxicated’’ pose one’s genitals under cir- is defined as an actual impairment of cumstances in which one’s conduct is mental or physical capacities. likely to cause affront or alarm. § 38.13 Speed limits. § 38.10 Trespass. No person on Midway Atoll National No person on Midway Atoll National Wildlife Refuge will exceed the speed Wildlife Refuge will: limit for automobiles, trucks, bicycles, (a) Loiter, prowl, or wander upon or motorcycles, or other vehicles. Unless near the assigned living quarters and otherwise posted, the speed limit adjacent property of another without throughout the Midway Atoll National lawful purpose, or, while being upon or Wildlife Refuge is 15 miles per hour. near the assigned living quarters and adjacent property of another, peek in § 38.14 Miscellaneous prohibitions. any door or window of an inhabited No person on Midway Atoll National building or structure located thereon Wildlife Refuge will: without lawful purpose; (a) Smoke or ignite any fire in any (b) Enter upon any assigned residen- designated and posted ‘‘No Smoking’’ tial quarters or areas immediately ad- area, or in the immediate proximity of jacent thereto, without permission of any aircraft, fueling pit, or hazardous the assigned occupant; material storage area; (c) Enter or remain in, without law- (b) Knowingly report or cause to be ful purpose, any office building, ware- reported to any public official, or will- house, plant, theater, club, school, or fully activate or cause to be activated, other building after normal operating any alarm, that an emergency exists, hours for that building; or knowing that such report or alarm is (d) Enter or remain in any area or false. ‘‘Emergency.’’ as used in subpart building designated and posted as ‘‘re- B of this part, includes any condition stricted’’ unless authorized by proper which results, or could result, in the authority to be there. response of a public official in an emergency vehicle, or any condition which § 38.11 Prostitution and lewd behavior. jeopardizes, or could jeopardize, public No person on Midway Atoll National lives or safety, or results or could re- Wildlife Refuge will: sult in the evacuation of an area, build- (a) Engage in prostitution. ‘‘Pros- ing, structure, vehicle, aircraft, or boat titution’’ means the giving or receiving or other vessel, or any other place by of the body for sexual intercourse for its occupants; or hire; or (c) Intentionally report to any public (b) Commit any lewd act in a public official authorized to issue a warrant of place which is likely to be observed by arrest or make an arrest, that a crime others who would be affronted or has been committed, or make any oral alarmed. or written statement to any of the

463

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00473 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222 § 38.15 50 CFR Ch. I (10–1–06 Edition)

above officials concerning a crime or oned in accordance with 16 U.S.C. alleged crime or other matter, knowing 668dd(e) and Title 18, U.S. Code. such report or statement to be false.

§ 38.15 Attempt. Subpart D—Civil Administration No person on Midway Atoll National § 38.17 General. Wildlife Refuge will attempt to commit any offense prohibited by this part. Civil administration of Midway Atoll National Wildlife Refuge shall be gov- § 38.16 Penalties. erned by the provisions of this part, 50 Any person who violates any provi- CFR parts 25–32, and the general prin- sion of this part will be fined or impris- ciples of common law.

SUBCHAPTER D [RESERVED]

464

VerDate Aug<31>2005 15:13 Nov 17, 2006 Jkt 208222 PO 00000 Frm 00474 Fmt 8010 Sfmt 8010 Y:\SGML\208222.XXX 208222