5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 3901
41 FR 9166, Mar. 3, 1976, unless otherwise noted.
(a) The regulations in this subchapter govern general administration of units of the National Wildlife Refuge System, public notice of changes in U.S. Fish and Wildlife Service policy regarding Refuge System units, issuance of permits required on Refuge System units and other administrative aspects involving the management of various units of the National Wildlife Refuge System. The regulations in this subchapter apply to areas of land and water held by the United States in fee title and to property interests in such land and water in less than fee, including but not limited to easements. For areas held in less than fee, the regulations in this subchapter apply only to the extent that the property interest held by the United States may be affected. The regulations in this subchapter also apply to and govern those areas of the Rocky Mountain Arsenal over which management responsibility has been transferred to the U.S. Fish and Wildlife Service under the Rocky Mountain Arsenal Act of 1992 (Pub. L. 102-402, 106 Stat. 1961), before their establishment as a refuge and inclusion in the National Wildlife Refuge System.
(b) All national wildlife refuges are maintained for the primary purpose of developing a national program of wildlife and ecological conservation and rehabilitation. These refuges are established for the restoration, preservation, development and management of wildlife and wildlands habitat; for the protection and preservation of endangered or threatened species and their habitat; and for the management of wildlife and wildlands to obtain the maximum benefits from these resources.
(a) As used in the rules and regulations in this subchapter:
(b) Unless otherwise stated the definitions found in 50 CFR 10.12 also apply to all of subchapter C of this title 50.
Nothing in this subchapter shall be construed to relieve a person from any other applicable requirements imposed by a local ordinance or by a statute or regulation of any State or of the United States.
Once opened, all or any part of a national wildlife refuge may be closed to public access and use in accordance with the provisions in § 25.31, without advance notice, in the event of an emergency endangering life or property or to protect the resources of the area.
Lost articles or money found on a national wildlife refuge are to be immediately turned in to the nearest refuge office.
The information collection requirements contained in subchapter C, parts 25, 32 and 33 have been approved by the Office of Management and Budget under 44 U.S.C. 3501
Whenever a particular public access, use or recreational activity of any type whatsoever, not otherwise expressly permitted under this subchapter, is permitted on a national wildlife refuge or where public access, use, or recreational or other activities previously permitted are curtailed, the public may be notified by any of the following methods, all of which supplement this subchapter C:
(a) Official signs posted conspicuously at appropriate intervals and locations;
(b) Special regulations issued under the provisions of § 26.33 of this subchapter C.
(c) Maps available in the office of the refuge manager, regional director, or area director, or
(d) Other appropriate methods which will give the public actual or constructive notice of the permitted or curtailed public access, use, or recreational activity.
Permits required by this subchapter C can be obtained from the administrative office responsible for the refuge where the activity is to take place. If the applicant is required to obtain the applicable permit from the Director or Secretary, the refuge manager will so inform the applicant, giving the applicant all the necessary information as to how and where to apply.
Any person on a national wildlife refuge shall upon request by any authorized official exhibit the required Federal or State permit or license authorizing their presence and activity on the area and shall furnish such other information for identification purposes as may be requested.
A permit may be terminated or revoked at any time for noncompliance with the terms thereof or of the regulations in this subchapter C, for nonuse, for violation of any law, regulation or order applicable to the refuge, or to protect public health or safety or the resources of a national wildlife refuge.
(a) The provisions of this subsection shall govern the regulation of activities that affect easement interests acquired by the United States. All other provisions of subchapter C shall apply to activities within such easement areas, but only to the extent that those provisions are directly or indirectly related to the protection of those easement interests expressly acquired by the United States which are specified in the easement agreement itself, and are not inconsistent with the provisions of this subsection.
(b) Permits for use of easement areas administered by the Service are required where proposed activities may affect the property interest acquired by the United States. Applications for permits will be submitted in writing to the regional director or a designee. Special use permits may be granted to owners of servient estates, or to third parties with the owner's agreement, by the regional director or a designee, upon written determination that such permitted use is compatible with the purposes for which the easement was acquired. If it is ultimately determined that the requested use will not affect the United States’ interest, the regional director will issue a letter of non-objection.
(c) In instances where the third applicant is a governmental entity which has acquired a partial interest in the servient estate by subsequent condemnation, a special use permit may be granted to the governmental entity without the servient estate owner's agreement if the regional director or his or her designee determines:
(1) The permitted use is compatible with the purpose for which the Service's easement was acquired; and
(2) The permitted use is consistent with the partial property interests obtained through condemnation.
(d) The regional director or designee may require mitigation measures, as determined appropriate, within the easement area, in order to make the proposed use compatible with the purposes for which the easement was acquired. Such mitigation measures are solely for the purpose of complying with the requirement of the National Wildlife Refuge Administration Act that the use be compatible with the purpose for which the area was established. If the proposed use cannot be made compatible through permit stipulations and/or mitigation, the permit will be denied.
(e) Regulations pertaining to rights-of-way in easement areas are contained in 50 CFR part 29.21.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
52 FR 29860, Aug. 12, 1987, unless otherwise noted.
Reasonable charges and fees may be established for public recreational use of and, except in Alaska, entrance onto national wildlife refuges. Regulations regarding recreational use fees are contained in 36 CFR part 71. Regulations
To be designated as an “Entrance Fee Area”, a unit of the National Wildlife Refuge System must be found to demonstrate that:
(a) The level of visitation for recreational purposes is high enough to justify the collection of fees for admission permits for economic reasons;
(b) There is a practical mechanism in existence for implementing and operating a system of collecting fees for admission permits; and
(c) Imposition of a fee for admission permits is not likely to result in undue economic hardship for a significant number of visitors to the unit.
Entrance fees established for single visit permits at a designated Entrance Fee Area shall consider the following criteria with regard to the local area within which the refuge is located:
(a) The direct and indirect cost to the Government.
(b) The benefits to the permit holder.
(c) The public policy or interest served.
(d) The comparable fees charged by non-Federal public agencies.
(e) The economic and administrative feasibility of fee collection.
The public shall be notified that an entrance fee is charged through refuge publications and posted designation signs in accordance with § 25.31 of this part.
(a) Unless otherwise provided, persons entering an Entrance Fee Area shall obtain and be in possession of a valid admission permit.
(b) The following five types of permits allowing entrance onto an Entrance Fee Area will be available for issue or purchase at such area and, except for refuge-specific permits, at Fish and Wildlife Service Regional and Washington, DC Offices, and at other locations as may be designated.
(1) Single visit permit with a charge not to exceed $3 per person or $7.50 per noncommercial vehicle (single visit can be defined as 1-15 days, dependent upon a determination of the period of time reasonably and ordinarily necessary for such a visit at a particular refuge unit).
(2) Golden Eagle Passport.
(3) Golden Age Passport.
(4) Golden Access Passport.
(5) Federal Migratory Bird Hunting and Conservation (Duck) Stamp. To be valid, the Duck Stamp must be current and bear the signature of the holder on the front.
Permits issued or used for entrance onto Entrance Fee Areas are nontransferable. Failure to pay the entrance fee, to display upon request of an authorized official a valid permit, or to comply with other entrance fee provisions, rules or regulations, will be subject to the penalties prescribed in 50 CFR 28.31.
At Entrance Fee Areas:
(a) Special admission permits for uses, such as group activities, may be issued.
(b) No entrance fee shall be charged for persons under 16 years of age.
(c) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway established as part of the National Federal Aid System (defined in 23 U.S.C. 101), which is commonly used by the public as a means of travel between two places which are outside the Entrance Fee Area.
(d) No entrance fee shall be charged for travel by private noncommercial vehicle over any road or highway to any land in which such person has a property interest if such land is within any Entrance Fee Area.
(e) Persons accompanying the holder of a valid single visit permit, Federal Duck Stamp or Golden Eagle, Age, or Access Passport in a single, private, noncommercial vehicle shall be entitled to general entrance.
(f) Where entry is by any means other than single, private, noncommercial vehicle, the spouse, children, or
Public use facilities may be operated by concessionaires or cooperators under appropriate contact or legal agreement on national wildlife refuges where there is a demonstrated justified need for services or facilities including, but not limited to, boat rentals, swimming facilities, conducted tours of special natural attractions, shelters, tables, trailer lots, food, lodging, and related service.
Persons using national wildlife refuges shall comply with the safety requirements which are established under the provisions of this subchapter C for each individual refuge and with any safety provisions which may be included in leases, agreements, or use permits.
Accidents involving damage to property, injury to the public or injury to wildlife that occur within the boundaries of any national wildlife refuge are to be reported as soon as possible, but in no event later than 24 hours after the accident, by the persons involved, to the refuge manager or other personnel on duty at the national wildlife refuge headquarters. This report does not relieve persons from the responsibility of making any other accident reports which may be required.
5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 715i; Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 955).
41 FR 9167, Mar. 3, 1976, unless otherwise noted.
The regulations in this part govern the circumstances under which the public can enter and use a national wildlife refuge.
(a) No person shall trespass, including but not limited to entering, occupying, using, or being upon, any national wildlife refuge, except as specifically authorized in this subchapter C or in other applicable Federal regulations.
(b) No unconfined domestic animals, including but not limited to dogs, hogs, cats, horses, sheep and cattle, shall be permitted to enter upon any national wildlife refuge or to roam at large upon such an area, except as specifically authorized under the provisions of § 26.34, § 27.91 or § 29.2 of this subchapter C.
(a) Any person entering or using any national wildlife refuge will comply with the regulations in this subchapter C, the provisions of any special regulations and any other official notification as is appropriate under § 25.31.
(b) A permit shall be required for any person entering a national wildlife refuge, unless otherwise provided under the provisions of subchapter C. The permittee will abide by all the terms and conditions set forth in the permit.
The headquarters office of any national wildlife refuge is open to public access and admission during regularly established business hours.
A permit is not required for access to any part of a national wildlife refuge by a person when accompanied by refuge personnel.
Access to and travel upon a national wildlife refuge by a person granted economic use privileges on that national wildlife refuge should be restricted to a specified area in accordance with the provisions of their agreement, lease, or permit.
A permit is not required for access to any national wildlife area for temporary shelter or temporary protection in the event of emergency conditions.
A permit is not required to enter, travel on, and exit from any national wildlife refuge on public waters and roads, and such roads, trails, footpaths, walkways, or other routes and areas which are designated for public use under the provisions of this subchapter C.
Public recreation will be permitted on national wildlife refuges as an appropriate incidental or secondary use, only after it has been determined that such recreational use is practicable and not inconsistent with the primary objectives for which each particular area was established or with other authorized Federal operations.
Recreational uses such as, but not limited to, sightseeing, nature observation and photography, interpretive centers and exhibits, hunting and fishing, bathing, boating, camping, ice skating, picnicking, swimming, water skiing, and other similar activities may be permitted on national wildlife refuges. When such uses are permitted the public will be notified under the provisions of this subchapter C.
(a) Special regulations shall be issued for public use, access, and recreation within certain individual national wildlife refuges where there is a need to amend, modify, relax or make more stringent the regulations contained in this subchapter C. The issued special regulations will supplement the provisions in this part 26.
(b) Special recreational use regulations may contain the following items:
(1) Recreational uses authorized.
(2) Seasons, period, or specific time of use.
(3) Description of areas open to recreation.
(4) Specific conditions or requirements.
(5) Other provisions.
(6) Special regulations for public use, access, and recreation are published in the daily issue of the
(a)
(2) As provided for in Pub. L. 98-146, “Up to 15 additional permits shall be granted to those persons meeting any one of the following conditions:”
(i) A resident as of July 1, 1982, who held a valid Service access permit for improved property owners at any time during the period from July 29, 1976, through December 31, 1979.
(ii) Anyone in continuous residency since 1976, in the area bounded on the north by the refuge boundary, and on the south by a straight line passing through a point in the east-west prolongation of the centerline of Albacore Street, Whaleshead Club Subdivision, Currituck County, North Carolina.
(iii) Any permanent, full time resident as of April 1, 1983, residing in the area outlined in paragraph (a)(2)(ii) of this section and not otherwise eligible, who can substantiate to the Secretary of the Interior that access is essential to their maintaining a livelihood; so long as they maintain full-time continuous employment in the Norfolk, Virginia, area may qualify for access.
(3) The burden of proving that the prospective permittee meets these criteria shall be on the applicant by presentation of adequate documentation to the refuge manager. Permittees may be required to submit additional documentation of their eligibility to the refuge manager in order to maintain access. Permits will be issued only to those who legally qualify for them.
(4) Only one permit will be issued per family. All permits issued will be terminated in the event that alternate access becomes available during the permit period.
(5) Permits are issued for the purpose of providing ingress and egress across the refuge beach to the permittee's residence. Personal access is limited to permittees, their families, relatives, and guests while being transported in the permittee's vehicle. “Personal access” means private, non-commercial use. Permits are not transferable by sale or devise.
(6) All vehicle occupants must provide positive identification upon the request of any refuge official.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(2) “Commercial service vehicle” means any vehicle owned or operated by or on behalf of an individual, partnership, or corporation that is properly licensed to engage entirely in the business of furnishing emergency repair services, including but not limited to plumbing, electrical, and repairs to household appliances.
(3) Emergency situations. The refuge manager, upon reasonable notification, will be able to authorize essential service/emergency repair access, outside the prescribed time periods, for emergency situations should they arise.
(i)
(j)
(2) Other businesses who have verified that their business operations on the Outer Banks of Currituck County, North Carolina, have been dependent since 1972 on ingress and egress to or across the refuge will be granted permits for access in accordance with the limitations outlined in paragraph (j)(1) of this section.
(3) Each commercial fisherman or other business may be granted a maximum of five designated employees to travel the refuge beach for commercial fishing or other business-related purposes only. Commercial fishing employees may carry only other commercial fishing employees as passengers. Other business employees may carry only other employees of that business. The hauling of trailers associated with the conduct of commercial fishing or other business activities is authorized.
(4) Employees of commercial fishermen and/or other businesses who apply
(k)
(2) The refuge manager may make exceptions to access restrictions, if they are compatible with refuge purposes, for qualified permittees who have demonstrated to the refuge manager a need for additional access relating to health or livelihood.
(3) The refuge manager may grant one-time use authorization for vehicular access through the refuge to individuals, not otherwise qualified above, who have demonstrated to the refuge manager that there is no feasible alternative to the access requested. Authorization for access under this provision will not be based on convenience to the applicant.
(4) Medical access waiver permits may be issued under the following conditions:
(i) The Regional Director may grant access to non-eligible permanent residents who can show proof that their physical health is such that life-threatening situations may result from more arduous travel conditions. The submission of substantiating medical records is required to be considered for a medical access waiver.
(ii) All medical access waiver permittees will be required to prove that their medical condition is or continues to be such that a life-threatening situation would result from more arduous travel conditions. Such proof shall be required prior to the issuance of an access permit, and at 3-year intervals thereafter.
(iii) A second medical opinion will be required by the Regional Director prior to the issuance or re-issuance of any such permit. This second opinion will be provided for at Service expense, by a government designated physician.
(iv) No additional medical access waiver permits will be issued after December 31, 1987.
(v) Previous holders of medical access waiver permits will retain access subject to paragraph (k)(4) (ii) and (iii) of this section.
(l)
(m)
(2) Vehicles shall be operated on the refuge beach only by the permittee or other authorized drivers. Permit holders shall not tow, transport or operate vehicles owned by non-permit holders through the refuge. Non-commercial permit holders may tow utility and boat trailers when being used for their personal use only. Any towed vehicle shall have advance approval from the refuge manager prior to being brought through the refuge. This access privilege is not to be used for any commercial purpose.
(3) The refuge manager may prescribe restrictions as to the types of vehicles to be permitted to ensure public safety and adherence to all applicable rules and regulations.
(4) A magnetic card will be issued to each authorized driver only for his or her operation of the computer controlled gate. No more than two cards will be issued per family. Only one vehicle will be permitted to pass for each gate opening. Unauthorized use of the magnetic card may result in suspension of the permit. A fee will be charged to replace lost or misplaced cards. Malfunctioning cards will be replaced at no charge.
(5) Access is granted for the purpose of travel to and from the permittee's residence and/or place of business. Access is not authorized for the purpose of transporting individuals for hire, or for the transport of prospective real estate clients to or from the Outer Banks of North Carolina, or for any other purpose not covered in this rule.
(n)
(o)
(p)
(q)
(r)
(s)
(2) Use by all groups exceeding 10 individuals will require a Special Use Permit, issued by the refuge manager.
(3) Registered motor vehicles and motorized bicycles (mopeds) are permitted on the paved refuge access road and parking lot at refuge headquarters. All other motorized vehicular use is prohibited, except as specifically authorized pursuant to this rule.
(4) The information collection requirement contained in this rule has been approved by the Office of Management and Budget under 44 U.S.C. 3501,
For
(a) There shall be no new private cabin site permits issued for national wildlife refuges. All appropriate provisions of 43 CFR part 21 apply to the phaseout of existing permits on national wildlife refuges.
(b) No new government owned cabin site permits for private recreational purposes shall be issued nor shall existing permits be renewed.
(a) Public meetings, assemblies, demonstrations, parades and other public expressions of view may be permitted within a national wildlife refuge open to public use, provided a permit therefore has been issued by the refuge manager.
(b) Any application for such permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, an estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith.
(c) The refuge manager may issue a permit on proper application unless:
(1) A prior application for the same time and place has been made which has been or will be granted; or
(2) The activity will present a clear and present danger to public health or safety, or undue disturbance to the other users or resources of the area; or
(3) The activity is of such nature that it cannot be reasonably accommodated in the particular national wildlife refuge; or
(4) The activity conflicts with the purposes of the national wildlife refuge.
(d) The permit may contain such conditions as are reasonably consistent with protection and use of the national wildlife refuge for the purpose for which it is maintained. It may also contain reasonable limitations on the time and area within which the activity is permitted.
Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); Sec. 5, 43 Stat. 651 (16 U.S.C. 725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat. 402, as amended (16 U.S.C. 664); Sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as amended; Sec. 4, 76 Stat. (16 U.S.C. 460k); Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 685, 752, 690d); 16 U.S.C. 715s).
41 FR 9168, Mar. 3, 1976, unless otherwise noted.
The regulations in this part 27 govern those acts by the public which are prohibited at all times except as permitted in this part, part 26, and part 25, subpart D—Permits.
No person shall take any animal or plant on any national wildlife refuge, except as authorized under 50 CFR 27.51 and parts 31, 32, and 33 of this subchapter C.
Travel in or use of any motorized or other vehicles, including those used on air, water, ice, snow, is prohibited on national wildlife refuges except on designated routes of travel, as indicated by the appropriate traffic control signs or signals and in designated areas posted or delineated on maps by the refuge manager and subject to the following requirements and limitations:
(a) Unless specifically covered by the general and special regulations set forth in this chapter, the laws and regulations of the State within whose exterior boundaries a national wildlife refuge or portion thereof is located shall govern traffic and the operation and use of vehicles. Such State laws and regulations which are now or may hereafter be in effect are hereby adopted and made a part of the regulations in this part.
(b) No operator of a vehicle shall be under the influence of intoxicating beverages or controlled substances.
(c) Driving or operating any vehicle carelessly or heedlessly, or in willful or wanton disregard for the rights or safety of other persons, or without due care or at a speed greater than is reasonable and prudent under prevailing conditions, having regard to traffic, weather, wildlife, road, and light conditions, and surface, width, and character of the travel way is prohibited. Every operator shall maintain such control of the vehicle as may be necessary to avoid danger to persons or property or wildlife.
(d) The vehicle speed limit shall not exceed 25 m.p.h. except as otherwise legally posted.
(e)(1) Every motor vehicle shall at all time be equipped with a muffler in good working order, and which cannot be removed or otherwise altered while the vehicle is being operated on a national wildlife refuge. To prevent excessive or unusual noise no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle. A vehicle that produces unusual or excessive noise or visible pollutants is prohibited.
(2) A refuge manager, by posting of appropriate signs or by marking on a map which shall be available at the refuge headquarters, may require that any motor vehicle operating in the designated area shall be equipped with a spark arrestor that meets Standard 5100-1a of the U.S. Forest Service, Department of Agriculture which standard includes the requirements that such spark arrestor shall have an efficiency to retain or destroy at least 80 percent of carbon particles, for all flow rates, and that such spark arrestor has been warranted by its manufacturer as meeting the above mentioned efficiency requirement for at least 1,000 hours, subject to normal use, with maintenance and mounting in accordance with the manufacturers recommendations.
(f) The operation of a vehicle which does not bear valid license plates and is not properly certified, registered, or inspected in accordance with applicable State laws is prohibited.
(g) Driving or permitting another person to drive a vehicle without valid license is prohibited. A valid driver's or operator's license must be displayed upon the request of any authorized official.
(h) Stopping, parking or leaving any vehicle, whether attended or unattended, upon any road, trail, or fire lane so as to obstruct the free movement of other vehicles is prohibited, except in the event of accident or other
(i) All persons shall obey the lawful order or signal of any authorized official directing, controlling, or regulating the movement of traffic.
(j) Load, weight and width limitations, as may be necessary, shall be prescribed and the public advised under provisions of § 25.31. Such limitations must be complied with by the operators of all vehicles.
(k) A motor vehicle involved in an accident is not to be moved until an authorized official arrives at the scene of the accident, unless such vehicle constitutes a traffic or safety hazard.
(l) A motor vehicle shall not be operated at anytime without proper brakes and brake lights, or from sunset to sunrise without working headlights and taillights which comply with the regulations for operation on the roads of the State within whose boundaries the refuge is located.
(m) Such other requirements which are established under the provisions of this subchapter C.
(a) The use of boats in national wildlife refuges is prohibited except as may be authorized under and subject to the requirements set forth below.
(b) When the use of boats is permitted on any national wildlife refuge, the public will be notified under the provisions of this subchapter C and the following operational requirements and limitations will apply:
(1)(i) In addition to the regulations contained in this part, the U.S. Coast Guard Regulations, titles 33 and 46 CFR, are applicable on navigable waters of the United States.
(ii) Unless specifically covered by the general and special regulations set forth in this chapter, the laws and regulations of the State within whose exterior boundaries a national wildlife refuge or portion thereof is located shall govern boating and the operation and use of boats. Such laws and regulations which are now or may hereafter be in effect are hereby adopted and made a part of the regulations in this part.
(2) No operator or person in charge of any boat shall operate or knowingly permit any other person to operate a boat in a reckless or negligent manner, or in a manner so as to endanger or be likely to endanger any person, property or wildlife.
(3) No person shall operate or be in actual physical control of a boat while under the influence of intoxicating beverages or controlled substances.
(4) No person shall operate a boat in a manner which will unreasonably interfere with other boats or with free and proper navigation of the waterways of the areas. Anchoring in heavily traveled channels or main thoroughfares shall constitute such interference if unreasonable in the prevailing circumstances.
(5) No person shall operate a boat on refuge waters that has a marine head (toilet) unless it conforms to Environmental Protection Agency regulations regarding sewage discharge.
(6) Every sailboat when underway from sunset to sunrise shall carry and exhibit a bright white light visible all around the horizon for a distance of two miles.
(7) Leaving any boat unattended, outside of designated mooring or beaching areas, for a period in excess of 72 hours without written permission of the refuge manager is prohibited and any boat so left may be impounded by the refuge manager.
(8) Government-owned docks, piers, and floats are not to be used for loading and unloading of boats, except in emergencies or unless specifically authorized by the refuge manager.
When water skiing is permitted upon national wildlife refuge waters, the public will be notified under the provisions of this subchapter C and the following requirements and limitations will apply:
(a) Water skiing is permitted only during daylight hours and during periods posted or otherwise designated under the provisions of this subchapter C.
(b) When a skier is in “tow” there must be two persons in the boat at all times, with one person not operating
(c) The direction of a tow boat when circling will be counter clockwise.
(d) Skiers must wear U.S. Coast Guard approved ski belts, life jackets or buoyant vests.
(e) Water skiing is prohibited within 300 feet of harbors, swimming beaches, and mooring areas, and within 100 feet of any designated swimming area.
The unauthorized operation of aircraft, including sail planes, and hang gliders, at altitudes resulting in harassment of wildlife, or the unauthorized landing or take-off on a national wildlife refuge, except in an emergency, is prohibited. National wildlife refuge boundaries are designated on up-date FAA aeronautical charts.
Carrying, possessing, or discharging firearms, fireworks, or explosives on national wildlife refuges is prohibited unless specifically authorized under the provisions of this subchapter C.
Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance with this section and applicable Federal and State law:
(a) Persons using firearms for public hunting under the provisions of 50 CFR part 32.
(b) Persons carrying unloaded firearms, that are dismantled or cased, in vehicles and boats over routes of travel designated under the provision of subchapter C.
(c) Persons authorized to use firearms for the taking of specimens of wildlife for scientific purposes.
(d) Persons authorized by special regulations or permits to possess or use firearms for the protection of property, for field trials, and other special purposes.
The use or possession of cross bows, bows and arrows, air guns, spears, gigs, or other weapons on national wildlife refuges is prohibited except as may be authorized under the provision of this subchapter C.
(a) Disturbing, injuring, spearing, poisoning, destroying, collecting or attempting to disturb, injure, spear, poison, destroy or collect any plant or animal on any national wildlife refuge is prohibited except by special permit unless otherwise permitted under this subchapter C.
(b) [Reserved]
Plants and animals or their parts taken elsewhere shall not be introduced, liberated, or placed on any national wildlife refuge except as authorized.
The destruction, injury, defacement, disturbance, or the unauthorized removal of any public property including natural objects or private property on or from any national wildlife refuge is prohibited.
No person shall search for or remove from national wildlife refuges objects of antiquity except as may be authorized by 43 CFR part 3.
(a) No person shall search for buried treasure, treasure trove, valuable semi-precious rocks, stones, or mineral specimens on national wildlife refuges
(b) Permits are required for archeological studies on national wildlife refuges in accordance with the provisions of this subchapter C.
Prospecting, locating, or filing mining claims on national wildlife refuges is prohibited unless otherwise provided by law. See § 29.31 for provisions concerning mineral leasing.
Tampering with, entering, or starting any motor vehicle, boat, equipment or machinery or attempting to tamper with, enter, or start any motor vehicle, boat, equipment or machinery on any national wildlife refuge without proper authorization is prohibited.
The taking or filming of any motion or sound pictures on a national wildlife refuge for subsequent commercial use is prohibited except as may be authorized under the provisions of 43 CFR part 5.
The operation or use of audio devices including radios, recording and playback devices, loudspeakers, television sets, public address systems and musical instruments so as to cause unreasonable disturbance to others in the vicinity is prohibited.
No unauthorized person shall use or direct the rays of a spotlight or other artificial light, or automotive headlights for the purpose of spotting, locating, or taking any animal within the boundaries of any national wildlife refuge or along rights-of-way for public or private roads within a national wildlife refuge.
Entering or remaining in any national wildlife refuge when under the influence of alcohol, to a degree that may endanger oneself or other persons or property or unreasonably annoy persons in the vicinity, is prohibited.
(a) Definitions for the purpose of this section:
(1) The term
(2) The term
(3) The term
(b) Offenses. (1) The delivery of any controlled substance on a national wildlife refuge is prohibited, except that distributed by a practitioner in accordance with applicable law.
(2) The possession of a controlled substance on a national wildlife refuge is prohibited unless such substance was obtained by the possessor directly, or pursuant to a valid prescription or order, from a practitioner acting in the course of his professional practice, or except as otherwise authorized by applicable law.
(3) Presence in a national wildlife refuge when under the influence of a controlled substance to a degree that may endanger oneself, or another person, or property, or may cause unreasonable interference with another person's enjoyment of a national wildlife refuge is prohibited.
Any act of indecency or disorderly conduct as defined by State or local laws is prohibited on any national wildlife refuge.
Disturbing, molesting, or interfering with any employee of the United States or of any local or State government engaged in official business, or with any private person engaged in the pursuit of an authorized activity on any national wildlife refuge is prohibited.
Gambling in any form, or the operation of gambling devices, for money or otherwise, on any national wildlife refuge is prohibited.
Begging on any national wildlife refuge is prohibited. Soliciting of funds for the support or assistance of any cause or organization is also prohibited unless properly authorized.
The conducting or operation of field trials for dogs on national wildlife refuges is prohibited except as may be authorized by special permit.
No person shall without proper authority construct, install, occupy, or maintain any building, log boom, pier, dock, fence, wall, pile, anchorage, or other structure or obstruction in any national wildlife refuge.
Abandoning, discarding, or otherwise leaving any personal property in any national wildlife refuge is prohibited.
(a) The littering, disposing, or dumping in any manner of garbage, refuse sewage, sludge, earth, rocks, or other debris on any national wildlife refuge except at points or locations designated by the refuge manager, or the draining or dumping of oil, acids, pesticide wastes, poisons, or any other types of chemical wastes in, or otherwise polluting any waters, water holes, streams or other areas within any national wildlife refuge is prohibited.
(b) Persons using a national wildlife refuge shall comply with the sanitary requirements established under the provisions of this subchapter C for each individual refuge; the sanitation provisions which may be included in leases, agreements, or use permits, and all applicable Federal and State laws.
On all national wildlife refuges persons are prohibited from the following:
(a) Setting on fire or causing to be set on fire any timber, brush, grass, or other inflammable material including camp or cooking fires, except as authorized by the refuge manager or at locations designated for that purpose or as provided for under § 26.33(c) of this subchapter C.
(b) Leaving a fire unattended or not completely extinguished;
(c) Throwing a burning cigarette, match, or other lighted substance from any moving conveyance or throwing of same in any place where it may start a fire; and
(d) Smoking on any lands, including roads, or in any buildings which have been designated and/or posted with no smoking signs.
Except as may be authorized, posting, distributing, or otherwise displaying private or public notices, advertisements, announcements, or displays of any kind in any national wildlife refuge, other than business designations on private vehicles or boats is prohibited.
Soliciting business or conducting a commercial enterprise on any national wildlife refuge is prohibited except as may be authorized by special permit.
Sec. 2, 33 Stat. 614, as amended (16 U.S.C. 685); sec. 5, 43 Stat. 651 (16 U.S.C. 725); sec. 5, 45 Stat. 449 (16 U.S.C. 690d); sec. 10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48 Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48 Stat. 1270 (43 U.S.C. 315a); sec. 4, 76 Stat. 654 (16 U.S.C. 460k); sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C. 301).
41 FR 9171, Mar. 3, 1976, unless otherwise noted.
The regulations in this part govern the enforcement, penalty and procedural requirements for violations of parts 25, 26, and 27.
Refuge managers and other authorized personnel are authorized pursuant to authority delegated from the Secretary and which has been published in the
(a) Any person who violates any of the provisions, rules, regulations, posted signs, or special regulations of this subchapter C, or any items, conditions or restrictions in a permit, license, grant, privilege, or any other limitation established under the subchapter C shall be subject to the penalty provisions of this section.
(b) Failure of any person, utilizing the resources of any national wildlife refuge or enjoying any privilege of use thereon for any purpose whatsoever, to comply with any of the provisions, conditions, restrictions, or requirements of this subchapter C or to comply with any applicable provisions of Federal or State law may render such person liable to:
(1) The penalties as prescribed by law. (Sec. 4, 76 Stat. 654, 16 U.S.C. 460k-3; Sec. 4, 80 Stat. 927, as amended, 16 U.S.C. 668dd(e); Sec. 7, 60 Stat. 1080, 16 U.S.C. 666a; Sec. 6, 40 Stat. 756, as amended, 16 U.S.C. 707; Sec. 7, 48 Stat. 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 614, as amended, 18 U.S.C. 41.)
(2) [Reserved]
(a) Any person violating sections 1855-1856 of the Criminal Code (18 U.S.C. 1855-1856) as they pertain to fires on national wildlife refuge lands of the United States shall be subject to civil action and to the penalty provisions of the law.
(b) Any person violating sections 1852-1853 of the Criminal Code (18 U.S.C. 1852-1853) as they pertain to timber on national wildlife refuge lands of the United States shall be subject to civil action and to the penalty provisions of the law.
Any property abandoned or left unattended without authority on any national wildlife refuge for a period in excess of 72 hours is subject to removal. The expense of the removal shall be borne by the person owning or claiming ownership of the property. Such property is subject to sale or other disposal after 3 months, in accordance with section 203m of the Federal Property and Administrative Services Act of 1959, as amended (40 U.S.C. 484m), and regulations issued thereunder. Former owners may apply within 3 years for reimbursement for such property, subject to disposal and storage costs and similar expenses, upon sufficient proof of ownership.
(a) Any animal trespassing on the lands of any national wildlife refuge may be impounded and disposed of in accordance with State statutes insofar as they may be applicable. In the absence of such State statutes, the animals shall be disposed of in accordance with this section.
(b) If the owner is known, prompt written notice of the impounding will be served in person with written receipt obtained or delivery by certified mail with return receipt requested. In the event of his failure to remove the impounded animal within five (5) days from receipt of such notice, it will be sold or otherwise disposed of as prescribed in this section.
(c) If the owner is unknown, no disposition of the animal shall be made until at least fifteen (15) days have elapsed from the date of a legal notice of the impounding has been posted at the county courthouse and 15 days after the second notice published in a newspaper in general circulation in the county in which the trespass took place.
(d) The notice shall state when and where the animal was impounded and shall describe it by brand or earmark or distinguishing marks or by other reasonable identification. The notice shall specify the time and place the animal will be offered at public sale to the highest bidder, in the event it is not claimed or redeemed. The notice shall reserve the right of the official conducting the sale to reject any and all bids so received.
(e) Prior to such sale, the owner may redeem the animal by submitting proof of ownership and paying all expenses of the United States for, capturing, impounding, advertising, care, forage, and damage claims.
(f) If an animal impounded under this section is offered at public sale and no bid is received or if the highest bid received is an amount less than the claim of the United States, the animal may be sold at private sale for the highest amount obtainable, or be condemned and destroyed or converted to the use of the United States. Upon the sale of any animal in accordance with this section, the buyer shall be issued a certificate of sale.
(g) In determining the claim of the Federal Government in all livestock trespass cases on national wildlife refuges, the value of forage consumed shall be computed at the commercial unit rate prevailing in the locality for that class of livestock. In addition, the claim shall include damages to national wildlife refuge property injured or destroyed, and all the related expenses incurred in the impounding, caring for and disposing of the animal. The salary of Service employees for the time spent in and about the investigations, reports, and settlement or prosecution of the case shall be prorated in computing the expense. Payment of claims due the United States shall be made by certified check or postal money order payable to the U.S. Fish and Wildlife Service.
Dogs and cats running at large on a national wildlife refuge and observed by an authorized official in the act of killing, injuring, harassing or molesting humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife.
Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as amended, 1270, sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C. 668dd, 685, 725, 690d, 715i, 664, 43 U.S.C. 315a, 16 U.S.C. 460k; 80 Stat. 926.
31 FR 16026, Dec. 15, 1966, unless otherwise noted.
Public or private economic use of the nature resources of any wildlife refuge area may be authorized in accordance with section 401 of the Act of June 15, 1935 (49 Stat. 383, 16 U.S.C., sec. 715s), where the use may contribute to or is related to the administration of the area. Economic use shall be authorized by appropriate permit only when the authorized activity on a wildlife refuge area will not be incompatible with the purposes for which the refuge was established. Persons exercising economic privileges on refuge areas will be subject to the applicable provisions of this subchapter and of other applicable laws and regulations governing wildlife refuge areas. Permits for economic use will contain such terms and conditions as are determined to be necessary for the proper administration of the resources. Economic use in this section includes but is not limited to grazing livestock; harvesting hay and stock feed; removing timber, firewood or other natural products of the soil; removing shell, sand, or gravel; cultivating areas; or engaging in operations that facilitate approved programs on wildlife refuge areas.
Cooperative agreements with persons for crop cultivation, haying, grazing, or the harvest of vegetative products, including plantlife, growing with or without cultivation on wildlife refuge areas may be executed on a share-in-kind basis when such agreements are in aid of or benefit to the wildlife management of the area.
Uses of wildlife refuge areas that make no contribution to the primary objective of the program for an individual area or are in no way related to the objectives of the National Wildlife Refuge System are classed as nonprogram uses. Permission for such uses will be granted only when compatible with the major purposes for which such areas are established.
Fees and charges for the grant of privileges on wildlife refuge areas and for the sale of products taken therefrom, where not otherwise prescribed by law or regulation, shall be set at a rate commensurate with fees and charges for similar privileges and products made by private land owners in the vicinity or in accordance with their local value. Fees or rates of charge for products and privileges may be based either on a monetary exchange or on a share in kind of the resource or product.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
The regulations in this subpart prescribe the procedures for filing applications and the terms and conditions under which rights-of-way over and across the lands administered by the U.S. Fish and Wildlife Service may be granted.
(a)
(b)
(c)
(a)
(2)(i) All applications filed pursuant to this subpart in the name of individuals, corporations, or associations must be accompanied by a nonreturnable application fee. No application fee will be required of (A) State of local governments or agencies or instrumentalities thereof except as to rights-of-way, easements or permits under section 28 of the Mineral Leasing Act of 1920, as amended by Pub. L. 93-153, or (B) Federal Government agencies.
(ii) Application fees will be in accordance with the following schedule:
(A) For linear facilities (e.g., powerlines, pipelines, roads, etc.).
(B) For nonlinear facilities, $250 for each 40 acres or fraction thereof.
(C) Where an application includes both linear and nonlinear facilities, payment will be the aggregate of amounts under paragraphs (a)(2)(ii)(A) and (B) of this section.
(D) When an application is received, the Regional Director will estimate the costs expected to be incurred in processing the application. If the estimated costs exceed the payments under paragraph (a)(2)(ii) (A), (B), or (C) of this section by an amount greater than the cost of maintaining actual cost records, the Regional Director shall require the applicant to make periodic payments in advance of the incurrence of such costs by the United States except for the last payment which will reflect final reimbursement for actual costs of the United States in processing the application. Overpayments may be refunded or adjusted by the Regional Director as appropriate.
(E) The Regional Director shall, on request by an applicant or prospective applicant, give an estimate based on the best available cost information, of the costs which would be incurred by the United States in processing an application. However, reimbursement will not be limited to the estimate of the Regional Director if the actual costs exceed the estimate. Prospective applicants are encouraged to consult with the Regional Director in advance of filing an application in regard to probable costs and other requirements.
(3)(i) By accepting an easement or permit under this subpart, the holder agrees to reimburse the United States for reasonable costs incurred by the Fish and Wildlife Service in monitoring the construction, operation, maintenance, and termination of facillities within or adjacent to the easement or permit area. No reimbursement of monitoring costs will be required of (A) State or local governments or agencies or instrumentalities thereof except as to right-of-way, easements, or permits granted under section 28 of the Mineral Leasing Act of 1920 as amended by Pub. L. 93-153, or (B) Federal Government agencies.
(ii) Within 60 days of the issuance of an easement or permit the holder must submit a nonreturnable payment in accordance with the following:
(A) For linear facilities e.g., powerlines, pipelines, roads, etc.).
(B) For nonlinear facilities, $100 for each 40 acres or fraction thereof.
(C) Where an easement or permit includes both linear and nonlinear facilities, payment will be the aggregate amounts under paragraph (a)(3)(2)(ii) (A) and (B) of this section.
(D) When an easement or permit is granted the Regional Director shall estimate the costs, based on the best available cost information, expected to be incurred by the United States in monitoring holder activity. If the estimated costs exceed the payments under paragraph (a)(3)(2) (ii), (A), (B), or (C) of this section by an amount which is greater than the cost of maintaining actual cost records for the monitoring process, the Regional Director shall require the holder to make periodic payments of the estimated reimbursable costs prior to the incurrence of such costs by the United States. Overpayments may be refunded or adjusted by the Regional Director as appropriate.
(E) Following the termination of an easement or permit, the former holder will be required to pay additional amounts to the extent the actual costs to the United States have exceeded the payments required by paragraphs (a)(3)(ii)(A), (B), and (C) of this section.
(4) All applications filed pursuant to this subpart must include a detailed environmental analysis which shall include information concerning the impact of the proposed use of the environment including the impact on air and water quality; scenic and esthetic features; historic, architectural, archeological, and cultural features; wildlife, fish and marine life, etc. The analysis shall include sufficient data so as to enable the Service to prepare an environmental assessment and/or impact statement in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and comply with the requirements of the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et seq.), Executive Order 11593 “Protection and Enhancement of the Cultural Environment” of May 13, 1971 (36 FR 8921), and “Procedures for the Protection of Historic and Cultural Properties” (36 CFR, part 800). Concerning the National Environmental Policy Act, the Regional Director may, at his discretion, rely on an environmental assessment or impact statement prepared by a “lead agency.”
(b)
(c)
(1) For the States of California, Hawaii, Idaho, Nevada, Oregon and Washington:
(2) For the States of Arizona, New Mexico, Oklahoma, and Texas:
(3) For the States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin:
(4) For the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Puerto Rico, and Virgin Islands:
(5) For the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia:
(6) For the States of Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming:
(7) For the State of Alaska:
(a) Where the land administered by the Secretary is owned in fee by the United States and the right-of-way is compatible with the objectives of the area, permit or easement may be approved and granted by the Regional Director. Generally an easement or permit will be issued for a term of 50 years or so long as it is used for the purpose granted, or for a lesser term when considered appropriate. For rights-of-way granted under authority of section 28 of the Mineral Leasing Act of 1920, as amended, for pipelines for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, the grant may be for a term not to exceed 30 years and the right-of-way may not exceed 50 feet, plus the area occupied by the pipeline and its related facilities unless the Regional Director finds, and records the reasons for his finding, that, in his judgment, a wider right-of-way is necessary for operation and maintenance after construction, or to protect the environment or public safety. Related facilities include but are not limited to valves, pump stations, supporting structures, bridges, monitoring and communication devices, surge and storage tanks, terminals, etc. However, a temporary permit supplementing a right-of-way may be granted for additional land needed during construction, operation, maintenance, or termination of the pipeline, or to protect the natural environment or public safety.
(b) Unless otherwise provided, no interest granted shall give the grantee any right whatever to remove any material, earth, or stone for construction or other purpose, except that stone or earth necessarily removed from the right-of-way in the construction of a project may be used elsewhere along the same right-of-way in the construction of the same project.
(a) Any right-of-way easement or permit granted will be subject to outstanding rights, if any, in third parties.
(b) An applicant, by accepting an easement or permit agrees to such terms and conditions as may be prescribed by the Regional Director in the granting document. Such terms and conditions shall include the following, unless waived in part by the Regional Director, and may include additional special stipulations at his discretion. See § 29.21-8 for special requirements for electric powerlines and § 29.21-9 for special requirements for oil and gas pipelines.
(1) To comply with State and Federal laws applicable to the project within which the easement or permit is granted, and to the lands which are included in the right-of-way, and lawful existing regulations thereunder.
(2) To clear and keep clear the lands within the easement or permit area to the extent and in the manner directed by the project manager in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the project manager may specify.
(3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the applicant has requested and received from the Regional
(4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the easement or permit as the project manager in charge may request.
(5) To do everything reasonably within his power, both independently and on request of any duly authorized representative of the United States, to prevent and suppress fires on or near, lands to be occupied under the easement or permit area, including making available such construction and maintenance forces as may be reasonably obtainable for the suppression of such fires.
(6) To rebuild and repair such roads, fences, structures, and trails as may be destroyed or injured by construction work and upon request by the Regional Director, to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the right-of-way.
(7) To pay the United States the full value for all damages to the lands or other property of the United States caused by him or by his employees, contractors, or employees of the contractors, and to indemnify the United States against any liability for damages to life, person or property arising from the occupancy or use of the lands under the easement or permit, except where the easement or permit is granted hereunder to a State or other governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property, such agency in lieu thereof agrees to repair all such damages. Where the easement of permit involves lands which are under the exclusive jurisdiction of the United States, the holder or his employees, contractors, or agents of the contractors, shall be liable to third parties for injuries incurred in connection with the easement or permit area. Grants of easements or permits involving special hazards will impose liability without fault for injury and damage to the land and property of the United States up to a specified maximum limit commensurate with the foreseeable risks or hazards presented. The amount of no-fault liability for each occurrence is hereby limited to no more than $1,000,000.
(8) To notify promptly the project manager in charge of the amount of merchantable timber, if any, which will be cut, removed, or destroyed in the construction and maintenance of the project, and to pay the United States in advance of construction such sum of money as the project manager may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed.
(9) That all or any part of the easement or permit granted may be terminated by the Regional Director, for failure to comply with any or all of the terms or conditions of the grant, or for abandonment. A rebuttable presumption of abandonment is raised by deliberate failure of the holder to use for any continuous 2-year period the easement or permit for the purpose for which it was granted or renewed. In the event of noncompliance of abandonment, the Regional Director will notify in writing the holder of the easement or permit of his intention to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefor, unless prior to that time the holder completes such corrective actions as are specified in the notice. The Regional Director may grant an extension of time within which to complete corrective actions when, in his judgment, extenuating circumstances not within the holder's control such as adverse weather conditions, disturbance to wildlife during breeding periods or periods of peak concentration, or other compelling reasons warrant. Should the holder of a right-of-way issued under authority of the Mineral Leasing Act, as amended, fail to take corrective action within the 60-day period, the Regional Director will provide for an administrative proceeding pursuant to 5 U.S.C. 554, prior to a final Departmental decision to suspend or terminate the easement or permit. In the case of all other right-of-way holders, failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the easement or permit. No administrative proceeding
(10) To restore the land to its original condition to the satisfaction of the Regional Director so far as it is reasonably possible to do so upon revocation and/or termination of the easement or permit, unless this requirement is waived in writing by the Regional Director. Termination also includes permits or easements that terminate under the terms of the grant.
(11) To keep the project manager informed at all times of his address, and, in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers.
(12) That in the construction, operation, and maintenance of the project, he shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts.
(13) That the grant of the easement or permit shall be subject to the express condition that the exercise thereof will not unduly interfere with the management, administration, or disposal by the United States of the land affected thereby. The applicant agrees and consents to the occupancy and use by the United States, its grantees, permittees, or lessees of any part of the easement of permit area not actually occupied for the purpose of the granted rights to the extent that it does not interfere with the full and safe utilization thereof by the holder. The holder of an easement or permit also agrees that authorized representatives of the United States shall have the right of access to the easement or permit area for the purpose of making inspections and monitoring the construction, operation and maintenance of facilities.
(14) That the easement or permit herein granted shall be subject to the express covenant that any facility constructed thereon will be modified or adapted, if such is found by the Regional Director to be necessary, without liability or expense to the United States, so that such facility will not conflict with the use and occupancy of the land for any authorized works which may hereafter be constructed thereon under the authority of the United States. Any such modification will be planned and scheduled so as not to interfere unduly with or to have minimal effect upon continuity of energy and delivery requirements.
(15) That the easement or permit herein granted shall be for the specific use described and may not be construed to include the further right to authorize any other use within the easement or permit area unless approved in writing by the Regional Director.
(a) If construction is not commenced within two (2) years after date of right-of-way grant, the right-of-way may be canceled by the Director of the U.S. Fish and Wildlife Service at his discretion.
(b) Proof of construction: Upon completion of construction, the applicant shall file a certification of completion with the Regional Director.
(a)
(b)
(c)
(a) Payment for use and occupancy of lands under the regulations of this subpart will be required and will be for fair market value as determined by appraisal by the Regional Director. At the discretion of the Regional Director, the payment may be a lump sum payment or an annual fair market rental payment, to be made in advance. If any Federal, State or local agency is exempted from such payment by and any other provision of Federal law, such agency shall otherwise compensate the Service by any other means agreeable to the Regional Director, including, but not limited to, making other land available or the loan of equipment or personnel, except that any such compensation shall relate to, and be consistent with the objectives of the National Wildlife Refuge System. The Regional Director may waive such requirement for compensation if he finds such requirement impracticable or unnecessary.
(b) When annual rental payments are used, such rates shall be reviewed by the Regional Director at any time not less than 5 years after the grant of the permit, right-of-way, or easement or the last revision of charges thereunder, The Regional Director will furnish a notice in writing to the holder of an easement or permit of intent to impose new charges to reflect fair market value commencing with the ensuing charge year. The revised charges will be effective unless the holder files an appeal in accordance with § 29.22.
(c) In instances where damage to a unit of the National Wildlife Refuge System will result, the Regional Director may require mitigation measures, as determined by him, within the easement or permit area or on adjacent Service land or replacement land to make the proposed use compatible with the purposes for which the unit of the system was established. Such mitigation measures, and/or the replacement of land, are solely for the purpose of complying with the requirement of the National Wildlife Refuge System Administrative Act that the use be compatible with the purpose for which the area was established and shall be in addition to the payment of fair market value.
By accepting a right-of-way for a power transmission line, the applicant thereby agrees and consents to comply with and be bound by the following terms and conditions, except those which the Secretary may waive in a particular case, in addition to those specified in § 29.21-4(b).
(a) To protect in a workmanlike manner, at crossings and at places in proximity to his transmission lines on the right-of-way authorized, in accordance with the rules prescribed in the National Electric Safety Code, all Government and other telephone, telegraph and power transmission lines from contact and all highways and railroads from obstruction and to maintain his transmission lines in such manner as not to menace life or property.
(b) Neither the privilege nor the right to occupy or use the lands for the purpose authorized shall relieve him of any legal liability for causing inductive or conductive interference between any project transmission line or other project works constructed, operated, or maintained by him on the servient lands, and any radio installation, telephone line, or other communication facilities now or hereafter constructed and operated by the United States or any agency thereof.
(a)
When the right-of-way or proposed facility will occupy Federal land under the control of more than one Federal Agency and/or more than one bureau or office of the Department of the Interior, a single application shall be filed with the appropriate State Director of the Bureau of Land Management in accordance with regulations in 43 CFR part 2800.
Any portion of the facility occupying land of the National Wildlife Refuge System will be subject to the provisions of these regulations.
(b)
(1)
(2)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(2)(i) The owners or operators of pipelines subject to this subpart shall accept, convey, transport, or purchase without discrimination all oil or gas delivered to the pipeline without regard to whether such oil or gas was produced on Federal or non-Federal lands.
(ii) In the case of oil or gas produced from Federal lands or from the resources on the Federal lands in the vicinity of the pipelines, the Secretary may, after a full hearing with due notice thereof to the interested parties and a proper finding of facts, determine the proportionate amounts to be accepted, conveyed, transported or purchased.
(3)(i) The common carrier provisions of this section shall not apply to any natural gas pipeline operated by any person subject to regulation under the Natural Gas Act or by any public utility subject to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality.
(ii) Where natural gas not subject to state regulatory or conservation laws governing its purchase by pipelines is offered for sale, each such pipeline shall purchase, without discrimination, any such natural gas produced in the vicinity of the pipeline.
(4) The Regional Director shall require, prior to granting or renewing a right-of-way, that the applicant submit and disclose all plans, contracts, agreements, or other information or material which he deems necessary to determine whether a right-of-way shall be granted or renewed and the terms and conditions which should be included in the right-of-way. Such information may include, but is not limited to: (i) Conditions for, and agreements among owners or operators, regarding the addition of pumping facilities, looping, or otherwise increasing the pipeline or terminal's throughput capacity in response to actual or anticipated increases in demand; (ii) conditions for adding or abandoning intake, offtake, or storage points or facilities; and (iii) minimum shipment or purchase tenders.
(k)
(l)
(m)
An appeal may be taken from any final disposition of the Regional Director to the Director, U.S. Fish and Wildlife Service, and, except in the case of a denial of a right-of-way application, from the latter's decision to the Secretary of the Interior. Appeals to the Secretary shall be taken pursuant to 43 CFR part 4, subpart G.
Where mineral rights to lands in wildlife refuge areas are vested in the United States, the provisions of 43 CFR 3101.3-3, 3109.4, 3201.1-6 and 3501.2-2 govern.
Persons holding mineral rights in wildlife refuge lands by reservation in the conveyance to the United States and persons holding mineral rights in such lands which rights vested prior to the acquisition of the lands by the United States shall, to the greatest extent practicable, conduct all exploration, development, and production operations in such a manner as to prevent damage, erosion, pollution, or contamination to the lands, waters, facilities and vegetation of the area. So far as is practicable, such operations must also be conducted without interference with the operation of the refuge or disturbance to the wildlife thereon. Physical occupancy of the area must be kept to the minimum space compatible with the conduct of efficient mineral operations. Persons conducting mineral operations on refuge areas must comply with all applicable Federal and State laws and regulations for the protection of wildlife and the administration of the area. Oil field brine, slag, and all other waste and contaminating substances must be kept in the smallest practicable area, must be confined so as to prevent escape as a result of rains and high water or otherwise, and must be removed from the area as quickly as practicable in such a manner as to -prevent contamination, pollution, damage, or injury to the lands, waters, facilities, or vegetation of the refuge or to wildlife. Structures and equipment must be removed from the area when the need for them has ended. Upon the cessation of
5 U.S.C. 301; 16 U.S.C. 668dd, as amended; 16 U.S.C. 715i, as amended; 41 CFR 101-44.
Range animals on fenced wildlife refuge areas, including buffalo and longhorn cattle, determined to be surplus to the needs of the conservation program may be planned and scheduled for disposal.
Disposition shall be made only during regularly scheduled disposal program periods, except in the event of exigent circumstances affecting the animals, their range, or the recipient. The Refuge Manager is responsible for determining the existence of “exigent circumstances.” Surplus range animals may be disposed of, subject to State and Federal health laws and regulations, by donation for specific purposes to public agencies, public institutions, other governments or charitable institutions, or sold on the open market.
(a) Feral animals, including horses, burros, cattle, swine, sheep, goats, reindeer, dogs, and cats, without ownership that have reverted to the wild from a domestic state may be taken by authorized Federal or State personnel or by private persons operating under permit in accordance with applicable provisions of Federal or State law or regulation.
(b) [Reserved]
Feral animals taken on wildlife refuge areas may be disposed of by sale on the open market, gift or loan to public or private institutions for specific purposes, and as otherwise provided in section 401 of the act of June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s).
Sec. 2, 33 Stat. 614, as amended, sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449, 1224, secs. 4, 2, 48 Stat. 402, as amended, 451, 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 U.S.C. 315a, 16 U.S.C. 460k; sec. 2, 80 Stat. 926; 16 U.S.C. 668bb.
31 FR 16027, Dec. 15, 1966, unless otherwise noted.
The populations and requirements of wildlife species on wildlife refuge areas
Upon a determination that wildlife are surplus to a balanced conservation program on any wildlife refuge area, the surplus may be reduced or utilized in accordance with Federal and State law and regulation by:
(a) Donation or loan to public agencies and institutions.
(b) Sale to public or private agencies and institutions.
(c) Commercial harvest of fishery resources.
(d) Official wildlife control operations.
(e) Public hunting or fishing.
(f) Trapping.
Wildlife specimens may be donated or loaned to public institutions for specific purposes. Donation or loans of resident species of wildlife will not be made unless the recipient has secured the approval of the State.
Surplus wildlife specimens may be sold alive or butchered, dressed and processed subject to Federal and State laws and regulations and the provisions of this part.
Fishery resources of commercial importance on wildlife refuge areas may be taken under permit in accordance with Federal and State law and regulation.
(a) Animal species which are surplus or detrimental to the management program of a wildlife refuge area may be taken in accordance with Federal and State laws and regulations by Federal or State personnel or by permit issued to private individuals.
(b) Animal species which are damaging or destroying Federal property within a wildlife refuge area may be taken or destroyed by Federal personnel.
The privilege of hunting and fishing may be extended to the general public under the provisions of regulations cited in parts 32 and 33 of this subchapter.
Except as hereafter noted, persons trapping animals on wildlife refuge areas where trapping has been authorized shall secure and comply with the provisions of a Federal permit issued for that purpose. This permit shall specify the terms and conditions of trapping activity and the rates of charge or division of pelts, hides, and carcasses. Lands acquired as “waterfowl production areas” shall be open to public trapping without Federal permit provided that trapping on all or part of individual areas may be temporarily suspended by posting upon occasions of unusual or critical conditions affecting land, water, vegetation, or wildlife populations. Each person trapping on any wildlife refuge area shall possess the required State license or permit and shall comply with the provisions of State laws and regulations.
The disposition of animals and the pelts or carcasses thereof accruing to the United States through the trapping programs shall be sold by public auction or on the open market unless required for official purposes.
5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i.
58 FR 5064, Jan. 19, 1993, unless otherwise noted.
The opening of a wildlife refuge area to hunting will be dependent upon the provisions of law applicable to the area and upon a determination by the Secretary that the opening of the area to the hunting of migratory game birds, upland game, or big game will be compatible with the principles of sound wildlife management and will otherwise be in the public interest. The opening or closing of wildlife refuge areas to hunting shall be in accordance with the rulemaking requirements of the Administrative Procedure Act (5 U.S.C. 553). Lands acquired pursuant to the Act of May 18, 1948 (62 Stat. 238, 16 U.S.C. 695) will be opened to hunting only after it has been determined that the major portion of the crops in the vicinity of the area involved have been harvested, that the period of susceptibility of such crops to wildfowl depredation has passed, or that the possibility of these crops being damaged by waterfowl is minor. Lands acquired as “waterfowl production areas” shall annually be open to the hunting of migratory game birds, upland game, and big game subject to the provisions of State law and regulations and the pertinent provisions of parts 25 through 31 of this subchapter:
The following provisions shall apply to each person while engaged in public hunting on areas of the National Wildlife Refuge System:
(a) Each person shall secure and possess the required State license.
(b) Each person 16 years of age and older shall secure and possess a Migratory Bird Hunting Stamp while hunting migratory waterfowl.
(c) Each person shall comply with the applicable provisions of Federal law and regulations including this subchapter and the current Federal Migratory Bird Regulations.
(d) Each person shall comply with the applicable provisions of the laws and regulations of the State wherein any area is located unless further restricted by Federal law or regulation.
(e) Each person shall comply with the terms and conditions authorizing access or use of wildlife refuges, including the terms and conditions under which hunting permits are issued.
(f) Each person shall comply with the provisions of any refuge-specific regulations governing hunting on the wildlife refuge area. Regulations, special conditions and maps of the hunting areas for a particular wildlife refuge are available at that area's headquarters. In addition, refuge-specific hunting regulations for migratory game bird, upland game and big game hunting appear in §§ 32.20 through 32.71.
(g) The use of any drug on any arrow for bow hunting on national wildlife refuges is prohibited. Archers may not have arrows employing such drugs in their possession on any national wildlife refuge.
(h) The unauthorized distribution of bait and the hunting over bait is prohibited on wildlife refuge areas. (Baiting is authorized in accordance with State regulations on national wildlife refuges in Alaska).
(i) The use of nails, wire, screws or bolts to attach a stand to a tree, or hunting from a tree into which a metal object has been driven to support a hunter is prohibited on wildlife refuge areas.
(j) The use or possession of alcoholic beverages while hunting is prohibited.
(k) Persons may only use or possess nontoxic shot identified in 50 CFR 20.21(j) while hunting with shotguns or muzzleloaders on Waterfowl Production Areas, or on certain other areas of the National Wildlife Refuge System to the extent needed to protect against significant exposure to migratory birds as delineated on maps, leaflets and/or signs, available at each refuge headquarters or posted at each refuge, or as stated in refuge specific regulations. This regulation does not apply to turkey and deer hunters using buckshot or slugs, except as specifically authorized by refuge specific regulations.
(a) Refuge-specific hunting regulations are issued only at the time of or after the determination and publication of the opening of a wildlife refuge area to migratory game bird, upland game or big game hunting.
(b) Refuge-specific hunting regulations may contain the following items:
(1) Wildlife species that may be hunted;
(2) Seasons;
(3) Bag limits;
(4) Methods of hunting;
(5) Description of areas open to hunting; or
(6) Other provisions as required.
(c) Refuge-specific hunting regulations will not liberalize existing State laws or regulations.
(d) Refuge-specific hunting regulations are subject to change and the public is invited to submit suggestions and comments for consideration at any time.
(e) Refuge-specific hunting regulations are initially published in the daily issue of the
(f) Refuge-specific hunting regulations may be amended or new conditions imposed at any time during the hunting season when unpredictable changes occur in wildlife populations, habitat conditions or in other factors affecting a refuge's wildlife resources. Changes in refuge-specific hunting regulations made under the conditions noted in this paragraph (f) can be in force only for the one season to which the changes apply.
Wildlife refuge areas may be opened to sport fishing only after a determination is made that this activity is compatible with the purposes for which the refuge was established. In addition, the sport fishing program must be consistent with principles of sound fishery management and otherwise be in the public interest. The opening or closing of wildlife refuge areas to fishing is subject to the rulemaking requirements of the Administrative Procedure Act (5 U.S.C. 551
The following provisions shall apply to each person while engaged in public sport fishing on a wildlife refuge area:
(a) Each person shall secure and possess the required State license.
(b) Each person shall comply with the applicable provisions of Federal law and regulation including this subchapter.
(c) Each person shall comply with the applicable provisions of the laws and regulations of the State wherein any area is located unless the same are further restricted by Federal law or regulation.
(d) Each person shall comply with the terms and conditions authorizing access and use of the wildlife refuge area.
(e) Each person shall comply with the provisions of any refuge-specific regulation governing fishing on the wildlife refuge area. Regulations for a particular wildlife refuge are available at its headquarters office. In addition, refuge-specific fishing regulations appear in §§ 32.20 through 32.71.
(a) Refuge-specific fishing regulations are issued only at the time of or after the opening of a wildlife refuge area to sport fishing.
(b) Refuge-specific fishing regulations may contain the following items:
(1) Fish species that may be taken;
(2) Seasons;
(3) Creel limits;
(4) Methods of fishing;
(5) Description of areas open to fishing; or
(6) Other provisions as required.
(c) Refuge-specific fishing regulations will not liberalize existing State laws or regulations.
(d) Refuge-specific fishing regulations are subject to change and the public is invited to submit suggestions and comments for consideration at any time.
(e) Refuge-specific fishing regulations are initially published in the daily issue of the
(f) Refuge-specific fishing regulations may be amended as needed when unpredictable changes occur in fish and wildlife populations, habitat conditions or in other factors affecting a refuge's fish and wildlife resources.
Refuge units open to hunting and/or fishing in accordance with the provisions of subpart A of this part and §§ 32.20-32.71, inclusive, are as follows:
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted only from sunrise to sunset.
2. Only nonmotorized boats and boats with electric motors are permitted on Gator and Little Gator Lakes.
1. Fishing, boating and public access are permitted only from one-half hour before sunrise to one-half hour after sunset.
2. Fishing is permitted year-round unless otherwise marked by signs as closed to public entry or fishing.
3. Only fish, according to State regulations, may be taken or possessed. Bowfishing is not permitted.
4. Taking, possessing, or attempting to take frogs and turtles is prohibited.
5. The use of trotlines, snag lines, soap lines, set lines, drops, gigs and jugs is not permitted.
6. Entry and use of airboats, hovercraft, and personalized watercraft such as jet skis, watercycles or waterbikes are prohibited.
7. All gill nets must be actively attended at all times.
8. A refuge permit is required for commercial fishing of all nets, traps, baskets, boxes
1. Fishermen may fish, including bowfishing, only during daylight hours in refuge impoundments and waters other than the Walter F. George Reservoir.
2. Fishermen may not frog or trap turtles in impounded waters not contiguous with the Walter F. George Reservoir.
3. Creel, possession, and size limit for Walter F. George Reservoir apply to all impounded refuge waters.
4. Reciprocal license agreements between Alabama and Georgia only apply to waters contiguous with the Walter F. George Reservoir. Anglers fishing in refuge impoundments must possess a license for the state in which they are fishing.
1. Bank fishing is not permitted around the shoreline of the refuge headquarters.
2. All other refuge waters are open to fishing year-round unless otherwise posted.
3. Entry and use of airboats and hovercraft is prohibited on all waters within the refuge boundaries.
4. Entry and use of personalized watercraft, such as but not limited to, jetskis, watercycles, and waterbikes are prohibited on all waters within the boundaries of the refuge except that portion of the Tennessee River and Flint Creek from its mouth to mile-marker three.
Alaska refuges are opened to hunting, fishing and trapping pursuant to the Alaska National Interest Lands Conservation Act (Pub. L. 96-487, 94 Stat. 2371). Information regarding specific refuge regulations can be obtained from the Region 7 Office of the U.S. Fish and Wildlife Service, Anchorage, AK, or by contacting the manager of the respective individual refuge.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Only shotguns are permitted.
3. Hunting of cottontail rabbits is permitted from September 1 to the close of the State quail season.
1. Only shotguns are permitted.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Special Use Permits are required for all hunting guides.
4. Hunters must pay a hunt fee in a portion of the refuge. Consult refuge hunting leaflet for location.
5. Pit or permanent blinds are not permitted.
6. Hunting in a portion of farm unit 2 closes at 12 p.m. each day. Consult refuge hunting leaflet for location.
7. Temporary blinds, boats, and decoys must be removed from the refuge following each day's hunt.
8. Hunting is not permitted within 50 yards of any road or levee.
9. Waterfowl hunting requires the use of decoys on farm unit 2. Daily removal of decoys from the refuge required.
10. Waterfowl hunters are limited to 10 shells per day in Farm Unit 2.
11. During the Arizona waterfowl season, Farm Unit 2 is closed to dove hunting until noon each day.
12. In Farm Unit 2, waterfowl hunters must remain within 50 feet of designated station while hunting except when actively retrieving downed birds.
13. The Hart Mine Marsh Area opens to hunting only between 10 a.m. and 3 p.m. daily, during goose season.
1. Only shotguns and bows and arrows are permitted.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Hunters may hunt cottontail rabbit from September 1 through the last day of the respective State's quail season.
4. During the Arizona waterfowl season, hunters may not hunt quail and rabbit in Farm Unit 2 until 12 p.m. each day.
5. Hunters may not hunt within 50 yards of any road or levee.
1. Anglers may fish and frog in Cibola Lake only from March 15 through Labor Day.
1. Neither hunters nor dogs may enter closed areas to retrieve game.
2. Pits and permanent blinds are not permitted.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. The following apply only to Pintail Slough (all refuge lands north of the north dike):
i. A fee is required for waterfowl hunting.
ii. Dove hunting is permitted only during the September season.
5. Temporary blinds, boats, and decoys must be removed from the refuge following each day's hunt.
1. Hunting of quail is not permitted on Pintail Slough.
2. Hunting of cottontail rabbits is permitted from September 1 to the close of the State quail season, except in Pintail Slough where rabbit hunting is permitted only during September.
3. Only shotguns and bows and arrows are permitted.
4. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Pits and permanent blinds are not allowed.
2. Temporary blinds, boats and decoys must be removed from the refuge following each day's hunt.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Allowed methods of take for quail and cottontail rabbit are shotgun and bow and arrow.
2. Nontoxic shot is required for hunting quail and cottontail rabbit.
3. Cottontail rabbit hunting is permitted September 1 to the close of the State quail season.
4. Permits are required for hunting coyote, bobcat and fox.
5. Coyote and fox hunting is permitted only during the State quail season, except that it is not permitted during the State general deer season.
1. Hunting of coyote, fox, and cottontail rabbit is permitted during the State quail season only, except as provided below.
2. Hunting of coyote and fox is not permitted during the deer season except that deer hunters with valid Unit 45A, 45B, and 45C deer permits may take these predators until a deer is taken.
3. Allowed method of take of cottontail rabbits is shotgun only.
1. Only shotguns are permitted.
2. Cottontail rabbit season shall open on September 1 and close on the last day of the State quail season.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters must possess a refuge permit.
1. Hunters must possess a refuge permit.
1. Hunters must possess a refuge permit.
1. Fishermen may fish and frog only during published refuge open seasons and in accordance with refuge regulations.
2. Fishermen must adhere to all applicable State fishing and frogging regulations.
1. Fishing is permitted from March 1 through October 31 with the following exceptions: Bank fishing is permitted at any time
2. The use of limb lines and toxic chemical containers for jug fishing is not permitted.
3. The ends of trotlines must consist of a length of cotton line that extends from the points of attachment into the water.
4. Boats may be launched only in designated areas.
5. ATVs and airboats are prohibited.
6. Frogging is permitted from the beginning of the State frogging season through October 31. The use of archery equipment for taking frogs is not permitted.
7. The taking of largemouth bass is permitted in accordance with the posted length and/or slot limits.
1. Fishing or entry is not permitted in the waterfowl sanctuary areas from November 15 through February 28.
2. The ends of trotlines must consist of a length of cotton line that extends from the points of attachment into the water.
3. Fishermen must fish and frog in accordance with refuge regulations and applicable State fishing and frogging regulations.
1. Hunters must possess a refuge permit.
1. Hunters must possess a refuge permit.
1. Hunters must possess a refuge permit.
1. Fishermen must take turtles and crawfish in accordance with applicable State regulations.
2. Trotlines must be reset when exposed by receding water levels. Trotline ends must consist of a length of cotton line that extends from the point of attachment into the water.
1. Fishing is not permitted in the waterfowl sanctuary area during the waterfowl hunting season with the exception of the main channel of the Ouachita River and the borrow pits along Highway 82.
2. The ends of trotlines must consist of a length of cotton line that extends from the points of attachment into the water.
1. Fishing and boating in all waters from March 1 through October 31 only from
2. Frogging from April 15 through October 31 only on that part of the old river channel that connects to the Arkansas River channel.
3. Anglers may bowfish only from August 1 through August 31 subject to State bowfishing regulations. Only bowfishing equipment permitted. Anglers may not use broad heads, field points, or metal arrows.
1. Fishing is permitted from March 15 through September 30 only from sunrise to sunset.
2. The use of live carp, shad, buffalo, and goldfish for bait is not permitted.
3. The use of yo-yos, jugs, drops, trotlines and all commercial fishing tackle is not permitted.
4. Big Creek and Ditch 8 are closed to fishing.
5. The taking of largemouth bass is permitted in accordance with the posted length and/or slot limits.
1. Fishing is permitted from March 1 through November 30 except as posted and as follows: fishing is permitted year-round in LaGrueu, Essex, Prairie, and Brooks Bayous, Big Island Chute, Moon Lake and Belknap Lake next to Arkansas Highway 1, Indian Bay, the Arkansas Post Canal and adjacent drainage ditches, those borrow ditches located adjacent to the West bank of that portion of the White River Levee north of the Arkansas Power and Light Company power line right-of-way, and all refuge owned waters located North of Arkansas Highway 1.
2. A permit is required for the use of any fishing tackle other than hook and line.
3. Trotlines must be reset when receding water levels expose them and cannot be left unattended. The ends of trotlines must consist of a length of cotton line that extends from the points of attachment into the water.
4. Frogging is permitted on all refuge owned waters open for sport fishing as follows: South of Arkansas Highway 1, frogging is permitted from the beginning of the State season through November 30; North of Arkansas Highway 1, frogging is permitted for the entire State season. The use of bow and arrow for taking bullfrogs is prohibited.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
Refer to § 32.22 Arizona for regulations.
1. Air-thrust and inboard waterthrust boats are not permitted.
2. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunters may hunt only in the unit for nine (9) consecutive days beginning on the first Saturday following the third Wednesday in August.
2. Access to the unit is permitted only through the gate located on Clear Lake Road.
1. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
2. Hunters may not possess more than 25 shells while in the field.
3. Access to the hunt area is by foot traffic only. Bicycles and other conveyances are not permitted.
1. Access to the hunt area is by foot traffic only.
Bicycles and other conveyances are not permitted.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Hunters may not possess more than 25 shells while in the field.
1. Firearms must be unloaded while being transported between parking areas and spaced blind areas.
2. Snipe hunting is not permitted in the spaced blind area.
3. Hunters assigned to the spaced blind area are restricted to within 100 feet of their assigned hunt site except for retrieving downed birds, placing decoys, or traveling to and from the area.
4. Access to the hunt area is by foot traffic only. Bicycles and other conveyances are not permitted.
5. Hunters may not possess more than 25 shells while in the field.
1. A special one-day pheasant hunt is permitted in the spaced blind unit on the first Monday after the opening of the State pheasant hunting season.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Access to the hunt area is by foot traffic only. Bicycles and other conveyances are not permitted.
4. Hunters may not possess more than 25 shells while in the field.
Refer to § 32.22 Arizona for regulations.
1. Permits are required for hunting on the Salmon Creek Unit.
2. Hunting on the Salmon Creek Unit is permitted only on Tuesday and Saturday.
1. Fishing from the designated shoreline trail along Hookton Slough is permitted during daylight hours only.
2. Only the use of pole and line or rod and reel is permitted from the Hookton Slough Shoreline trail fishing area.
Refer to § 32.22 Arizona for regulations.
1. Hunters assigned to the spaced blind unit must travel to and from parking areas and blind sites with firearms unloaded.
2. Hunters assigned to the spaced blind unit must remain within 100 feet of the numbered steel post (blind site) except when pursuing cripples, placing decoys or traveling to and from the parking area.
3. Hunters may not possess more than 25 shells while in the field.
4. Hunters must park in assigned lots.
5. Only nonmotorized boats are permitted.
1. Pheasant hunting is only permitted in the free roam unit.
2. Hunters shall possess and use, while in the field, only non-toxic shot.
1. In the controlled waterfowl hunting area, entry permits are required for the first 2 days of the waterfowl season for all hunters 16 years of age or older. Hunters under the age of 16 hunting in the controlled area must be accompanied by an adult with a permit. Advance reservations are required for the first 2 days of the hunt.
2. Shooting hours end at 1:00 p.m. daily on all California portions of the refuge, except that up to three one-day special youth or disabled hunter hunts per season may be designated by the refuge manager after 1:00 p.m.
3. Only unloaded firearms may be carried on hunter access routes open to motor vehicles or when taken through posted retrieving zones when traveling to and from the hunting areas.
4. Decoys may not be set in retrieving zones.
5. Air-thrust and inboard waterthrust boats are not permitted.
6. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
7. Hunters may only use nonmotorized boats and boats with electric motors on units 4b and 4c from the start of hunting season through November 30. Hunters may use motorized boats on units 4b and 4c from December 1 through the end of hunting season.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Only unloaded firearms may be carried on hunter access routes open to motor vehicles or when taken through posted retrieving zones when traveling to and from the hunting areas.
1. Firearms must be unloaded while being transported between parking areas and blind sites.
2. Hunters may not use or possess more than 25 shells per day.
3. Hunters assigned to the spaced blind unit are restricted to their assigned blind except for retrieving downed birds, placing decoys or traveling to and from the parking area.
4. Hunters must hunt from assigned blinds except when shooting to retrieve crippled birds.
1. A permit issued by the refuge to hunters with advance reservations only is required for the first weekend.
2. After the first weekend of the open season, hunting is permitted only on Tuesdays, Thursdays, and Saturdays. Hunters must check in and out of the refuge by use of self-service permits.
3. In the designated spaced blind area, hunters must remain within 50 feet of the established blind stake for the blind assigned to them.
4. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
5. Hunters may not possess more than 25 shells after leaving the parking area.
1. Fishing is not permitted during the migratory waterfowl hunting season.
2. Fishing is permitted during daylight hours only.
1. Firearms must be unloaded while being transported between parking areas and spaced blind areas.
2. Snipe hunting is not permitted in the spaced blind area.
3. Hunters assigned to the spaced blind unit are restricted to within 100 feet of their assigned hunt site except for retrieving downed birds, placing decoys, or traveling to and from the parking area.
4. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
5. Hunters may not possess more than 25 shells while in the field.
6. Access to the hunt area is by foot traffic only. Bicycle and other conveyances are not permitted.
1. A special one-day only, pheasant hunt is permitted in the spaced blind area on the first Monday after the opening of the State pheasant hunting season.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Access to the hunt area is by foot traffic only. Bicycles and other conveyances are not permitted.
4. Hunters may not possess more than 25 shells while in the field.
1. Hunters using the Union Tract must use goose decoys.
2. Hunters must hunt from assigned blinds on the Union Tract and within 100 feet (.9144 meters) of blind sites on the Hazard Tract, except when shooting to retrieve crippled birds.
3. Firearms must be unloaded while being transported between parking areas and blind sites.
4. Hunters may not possess more than 25 shells while in the field.
1. Fishing is permitted from April 1 through September 30.
2. Only boat fishing is permitted.
1. Hunters may retrieve birds that fall into an area that is closed to hunting, provided that all weapons are left within a legal hunting area.
2. Only portable blinds and temporary blinds constructed of natural materials are permitted.
3. Digging into levees is not permitted.
4. Nonmotorized boats may be used on all 9 ponds for setting out and retrieving decoys or for retrieving downed waterfowl. Nonmotorized boats may also be used for hunting on Ponds 1, 2, 3, 4, 5, and 6 of the Mowry Slough Unit.
5. All decoys, boats and other personal property must be removed from the refuge following each day's hunt.
1. Fishing from designated shoreline trail fishing areas and from the Dumbarton Pier is permitted during the hours posted at the pier and refuge headquarters.
2. Fishing and all other public entry is not permitted in the entire Mowry Slough from March 15 through June 15.
3. The upper reaches of Mallard Slough are closed to fishing and all other entry from March 1 through August 31.
1. Hunters may use only portable blinds and temporary blinds constructed of natural materials in the free-roam hunting area.
2. Hunters must remove all portable blinds, decoys, and other personal equipment from the refuge following each day's hunt.
3. Hunters may snipe hunt only within the free-roam portion of the San Luis unit's waterfowl hunting area. Snipe hunters may only possess and use nontoxic shot.
4. In areas where the refuge limits hunter numbers through a daily permit process, hunters may not possess more than 25 shells while in the field.
5. Vehicles may stop only at designated parking areas. Dropping of passengers or equipment, or stopping between designated parking areas is prohibited.
6. Hunters may not transport loaded firearms. This includes walking or bicycling between parking areas and spaced blind areas, or while traveling in a boat under power.
7. Refuge restricts hunters, in the spaced blind area, to their original assigned blind except when they are placing decoys, traveling to and from the parking area, retrieving downed birds, or when shooting to retrieve crippled birds.
8. Access to Salt Slough Unit free-roam hunting area is by boat only with a maximum speed limit of 5 mph. Prohibited boats include air-thrust and/or inboard water-thrust types.
1. Hunters shall possess and use, while in the field, only nontoxic shotshells (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
2. Hunters may not possess more than 25 shotshells while in the field.
1. Fishing is permitted only from
2. Only the use of pole and line or rod and reel is permitted.
1. All personal property, except floating blinds, must be removed from the refuge at the end of each hunting day. Floating blinds may be left overnight, but must be removed from the refuge at the end of the waterfowl hunting season.
2. Hunters may use only portable blinds and temporary or floating blinds constructed of biodegradable materials.
3. Blinds may be used by any hunter on a first-come basis each day.
4. Digging into levees is prohibited.
1. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
2. Hunters may not possess more than 25 shells while in the field.
3. Access to the hunt area is by foot traffic only. Bicycles and other conveyances are not permitted.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Access is by foot traffic only. Bicycles and other conveyances are not permitted.
3. Hunters may not possess more than 25 shells while in the field.
1. In the controlled waterfowl hunting area, entry permits are required for the first 2 days of the waterfowl season for all hunters 16 years of age or older. Hunters under the age of 16 hunting in the controlled area must be accompanied by an adult with a permit. Advance reservations are required for the first 2 days of the hunt.
2. Hunting is permitted until 1:00 p.m. each day, except that up to three one-day special youth or disabled hunter hunts per season may be designated by the refuge manager after 1:00 p.m.
3. In the designated spaced blind areas, possession of any loaded firearms more than 200 feet from the established blind stakes is not permitted. Hunters select blind sites by lottery at the beginning of each hunt day. Hunters may shoot only from within their assigned blind sites.
4. Only unloaded firearms may be carried on hunter access routes open to motor vehicles or when taken through posted retrieving zones when traveling to and from the hunting areas.
5. Decoys may not be set in retrieving zones.
6. Air-thrust and inboard waterthrust boats are not permitted.
7. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Only unloaded firearms may be carried on hunter access routes open to motor vehicles or when taken through posted retrieving zones when traveling to and from the hunting areas.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Anglers may not fish between June 1 and July 31 each year.
2. Anglers may fish only during daylight hours.
1. Refuge fishing permit required.
2. Fishing permitted only from sunrise to sunset from April 15 through October 15 annually.
3. Catch and release only fishing.
4. Additional refuge regulations listed in refuge fishing regulations leaflet and fishing permits.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required for waterfowl hunting except on the South Upland Hunting Area.
2. Hunting of waterfowl and coots is permitted on the South Waterfowl Area, the West Waterfowl Area, and the Young Waterfowlers Area.
3. Only snow geese may be taken on the Snow Goose Area.
4. Hunting is permitted only from designated sites, except on the South Upland Hunting Area and the Snow Goose Area.
5. The maximum number of hunters permitted per blind is as follows: West Waterfowl and Snow Goose Areas—4; South Waterfowl Area—3; Young Waterfowlers Area—2.
6. The possession of a loaded shotgun while outside a blind or designated site is not permitted unless actively pursuing crippled birds.
7. Waterfowl hunters may not use or possess more than 15 shells per day on the West and Young Waterfowlers Hunt Areas.
8. Hunting is not permitted from March 1 through August 31.
1. Hunting is permitted only on the South Upland Hunting Area.
2. Hunting is permitted from
3. Hunting is not permitted from March 1 through August 31.
4. Shotgun hunters shall possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. A permit is required on the Regular and Headquarters Deer Hunt Areas.
2. Hunting on the Headquarters Deer Hunt Area must be from designated stands only, unless actively tracking or retrieving wounded deer.
3. Only portable tree stands may be used and must be removed from the refuge each day.
4. A valid State permit is required for turkey hunting.
1. Permits are required for waterfowl hunting.
2. Only waterfowl and coots may be taken on the Waterfowl and Young Waterfowlers Hunting Areas.
3. Only mourning doves, common snipe, and woodcock may be taken on the North Hunting Area.
4. Access to the waterfowl hunt area is by boat only.
5. Except on the North Hunting Area, hunting is permitted from designated blinds only, with a maximum of three hunters per blind.
6. The possession of a loaded shotgun while outside of a blind is not permitted unless actively pursuing crippled birds.
7. Hunters using the Young Waterfowlers Hunting Area may not use or possess more than 25 shells per day.
8. Hunting is not permitted from March 1 through August 31.
1. Hunting is permitted only on the North Hunting Area.
2. Hunting is permitted from
3. Hunting is not permitted from March 1 through August 31.
4. Shotgun hunters shall possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Permits are required.
2. Deer hunting on Area A must be from designated stands only, unless actively tracking or retrieving wounded deer.
3. Hunting Areas A and B and the North Hunting Area are open to shotgun and muzzleloader deer hunting.
4. Archery deer hunting is permitted on the North Hunting Area only.
5. Archery hunting is not permitted during the October primitive weapons season.
6. Only portable tree stands may be used and must be removed from the refuge each day.
7. A shotgun only turkey hunt is permitted during the State spring season in Unit 1 north of Fowler's Beach Road and west of Slaughter Canal.
8. Hunters during firearms deer season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Boats used on Fleetwood or Turkle ponds must be propelled manually or by electric motors.
2. Those portions of Fleetwood and Turkle ponds having wood duck nesting boxes are closed to public entry from March 1 through June 30.
3. Boats may be launched from designated access points or public roads.
4. Bank fishing and crabbing is permitted only at designated access points and public right-of-ways.
5. The use of air-thrust watercraft is not permitted.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted only from sunrise to sunset on all areas of the refuge except the management impoundments and those areas marked by signs as closed to public entry or fishing.
2. Only the use of rods and reels or poles and lines is permitted, and this fishing equipment must be attended at all times.
3. Commercial fishing or the taking of frogs or turtles is not permitted.
4. The possession or use of trotlines, gigs, jugs, seines, castnets or other fishing devices not described above is not permitted.
1. A 300 foot buffer zone beginning at mean high tide line and extending into the waters around Seahorse Key will be closed to all public entry from March 1 through June 30.
1. Fishing is permitted only from sunrise to sunset.
2. Fishing is permitted year-round, from refuge beaches only.
1. Fishing permitted in refuge waters except in areas designated as “closed to public entry,” and the Mangrove Head Pond, Tower Pond, and Tarpon Bay Slough at the Bailey Tract.
2. Crabbing permitted in refuge waters except in areas designated as “closed to public entry.”
3. Anglers may not take horseshoe crabs, stone crabs, or spider crabs.
4. Anglers may not take blue crabs for commercial purposes.
5. Anglers may take blue crabs along the Wildlife Drive only with the use of dip nets. Anglers may not use lines, traps, or bait on or within 150 feet of the Wildlife Drive.
6. Anglers may use baited lines and traps within refuge waters if such devises are continuously attended/monitored and removed at the end of each day. Attended/monitored means that all devices used in the capture of blue crabs must be within the immediate view of the sport crabber.
7. Daily limit of blue crabs is 20 per person of which no more that 10 shall be females.
1. Fishing is permitted only from sunrise to sunset.
2. The use of snatch hooks is not permitted in refuge impoundments.
3. The use of airboats is not permitted.
1. Anglers may take game and nongame fish only with pole and line or rod and reel.
2. Anglers may not take turtles and frogs.
3. Boats may not be left on the refuge overnight.
1. Hunters must possess a valid refuge hunting permit at all times while hunting on the refuge.
2. Hunters may hunt only on Wednesday, Saturday, Sunday, and the following holidays: Thanksgiving, Christmas, and New Years Day only within the designated State season.
3. Hunters may hunt only in four designated areas of the refuge subject to delineation in the refuge hunting map and brochure, including the open waters of Mosquito Lagoon, Indian River, and designated impoundments outside the NASA security area.
4. Hunting hours are one-half hour before sunrise until 1:00 pm. each hunting day.
5. Hunters in Areas 1, 2 or 4 must complete and carry proof of completing an approved hunter safety training course. Hunters in Area 3 born after June 1, 1975 must complete and carry proof of completing an approved hunter safety training course in accordance with State law.
6. An adult 21 years of age or older must supervise and remain in sight and normal voice contact with hunters under the age of 16.
7. The public must not enter the refuge between sunset and sunrise except: hunters may access the refuge for waterfowl hunting only after 2:00 am each hunting day during waterfowl hunting season; and a valid refuge hunting permit must be in possession during these times.
8. Hunters may not park along Blackpoint Wildlife Drive or Playalinda Beach Road for the purposes of waterfowl hunting.
9. Hunters may not trespass or hunt migratory game birds in refuge areas posted “AREA CLOSED”.
10. Vehicles must use only designated public access routes and boat launching areas north and south of Haulover Canal.
11. Hunters must not construct permanent above ground, or pit blinds, nor dig into dikes.
12. Hunters must not shoot from within 10 feet of any dike, roadway, or railroad fill.
13. Hunters must remove decoys, boats, and other personal property from the refuge by 2:00 pm daily.
14. Refuge guides must purchase and have Guide Permits on their person while in the field hunting.
15. Hunters may not launch boats off Black Point Wildlife Drive.
16. Hunters may not use air thrust boats, hovercraft, jetskis or similar craft on refuge waters.
17. Boats must not exceed “Idle Speed” in Bairs Cove nor 8 mph or “Slow speed-Minimum Wake” in Haulover Canal.
1. Fishermen may night fish from a boat only in Mosquito Lagoon, Indian River, Banana River, and Haulover Canal. All fishermen must possess a valid refuge night fishing permit.
2. Fishermen must attend their lines at all times.
3. Vehicles must use only designated public access routes and boat launching areas north and south of Haulover Canal.
4. Fishermen may not launch boats from Black Point Wildlife Drive.
5. Fishermen may not use air thrust boats, hovercraft, jetskis or similar craft on refuge waters.
6. Fishermen may launch or moor boats only between sunset and sunrise at Beacon 42 fish camp and Bairs Cove at Haulover Canal Recreation Area.
7. The public must not use motorized boats in the Banana River Manatee sanctuary (north of KARS Park on the west side of the Barge Channel and north of the Air Force power line on the east side of the Barge Channel). This includes any boat having an attached motor or a non-attached motor that is capable of use (including electric trolling motors). This regulation is in effect throughout the year.
8. Boats must not exceed “Idle Speed” in Bairs Cove and KARS Marina nor 8 mph or “Slow speed-Minimum Wake” in Haulover Canal.
9. The public must not enter the refuge between sunset and sunrise except fishermen may launch boats while fishing from Beacon 42 Fish Camp or Bairs Cove at Haulover Canal. Nighttime fishermen must also possess a valid refuge fishing permit while fishing on the refuge.
1. Fishing is permitted year-round.
2. Bank fishing from spoil islands is permitted, during daylight hours only.
1. Anglers may fish and crab only from sunrise to sunset.
2. Anglers may only use boats with motors of 10 horsepower or less in refuge pools and lakes.
3. Anglers may only use boats with or without motors on the St. Marks Unit pools from March 15 through October 15 annually.
4. Anglers may take only fish species, and fish limits authorized by State regulations.
5. Anglers may not take frogs or turtles.
6. Anglers may fish and boat in Panacea Unit ponds year round. Anglers may access Panacea Unit ponds in a vehicle only from March 15 through May 15 annually. Anglers may fish and boat in Otter Lake year round.
7. Anglers may not launch commercial boats at the saltwater boat ramp on Co. Rd. 59 (Lighthouse Rd.).
8. Anglers may only take bait fish and non-game fish by hook and line in refuge ponds, lakes, and impoundments.
9. Anglers may not use crab traps in refuge pools and impoundments on the St. Marks Unit.
1. Fishing is permitted only from sunrise to sunset.
2. Only nonmotorized boats and boats with electric motors are permitted.
3. The use of live minnows as bait is not permitted.
4. Fishing is permitted in Lakes 1, 2, and Oyster Pond from April 1 through September 30.
5. Fishing is permitted in Lakes 3, 4, and 5 from May 15 through September 30.
1. Anglers may not use airboats, hovercraft, off road vehicles, or personal water craft in freshwater and brackish water wetlands and water bodies.
2. Anglers may fish in freshwater and brackish water creeks and ponds year round from sunrise to sunset. Anglers may enter these areas only from sunrise to sunset.
3. Anglers may fish in tidal waters year round and 24 hours a day.
4. Anglers may not fish with trotlines, gigs, spears, bush hooks, snatch hooks, crossbows or bows and arrows of any type.
5. Anglers may enter the refuge to crab in freshwater and brackish water areas only from sunrise to sunset. Recreational anglers may use crab pots only in accordance with State regulations, except that crab pots abandoned or not checked after 72 hours are subject to impoundment.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted year-round only from sunrise to sunset.
2. Night fishing is permitted from March 1 through October 31.
3. Only the use of pole and line or rod and reel is permitted.
4. The daily creel limit is 5 largemouth bass, 5 channel catfish, and 25 of any one, or combination, of bream or sunfish. Possession of more than the daily creel limit at any time is not permitted.
5. The taking of largemouth bass smaller than 14 inches is not permitted.
1. Anglers may fish in freshwater year-round from sunrise to sunset, except during managed deer hunts.
2. Only nonmotorized boats and boats with electric motors are permitted.
3. The use of live minnows as bait is not permitted.
4. Boats may not be left on the refuge overnight.
5. Anglers may bank fish into estuarine waters daily from sunrise to sunset only.
Refer to § 32.20 Alabama for regulations.
1. Anglers may fish in estuarine waters year round from sunrise to sunset daily.
2. Bank fishing into estuarine waters is permitted only from sunrise to sunset.
3. Anglers may use the Barbour River public boat ramp as public access year-round from 4:00 a.m. to 12:00 p.m. (midnight), daily. However, anglers may not use the Barbour River public boat ramp as access from 12:01 a.m. to 3:59 a.m. daily.
1. The use of boats with motors larger than 10 horsepower is not permitted.
2. The use of live minnows as bait is not permitted.
3. Only the use of pole and line or rod and reel is permitted.
4. The daily creel limit is 5 largemouth bass, 5 channel catfish, and 25 of any one, or combination, of bream or sunfish. Possession of more than the daily creel limit is not permitted.
5. The taking of largemouth bass smaller than 14 inches is not permitted.
1. Permits are required.
2. Hunting is not permitted during refuge deer hunts.
1. Fishing is permitted from May 1 through September 30 only from sunrise to sunset.
2. The creel limit for black bass is five.
3. Only the use of pole and line or rod and reel is permitted.
4. The use of live minnows as bait is not permitted.
5. Nonmotorized boats and boats with electric motors are permitted only in Pond 2A and Allison Lake.
1. Anglers may fish in refuge impoundments and canals from March 1 through November 30 annually.
2. Anglers may fish in Kingfisher Pond year round.
3. Fishing is permitted from sunrise to sunset.
4. Anglers may bank fish year round in the canals adjacent to the wildlife drive.
5. Boats may not be left on the refuge overnight.
6. Anglers may only use non-motorized boats and boats with electric motors within impounded waters.
1. Fishing is permitted year-round except during refuge hunts.
2. Bank fishing into estuarine waters is permitted only from sunrise to sunset.
1. Anglers may fish year round.
2. Fishing from boats is only permitted on Beacon and Wolf Creeks.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters must have reservations or permits to access the refuge from Keanakolu Road.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Air-thrust boats are not permitted.
2. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Only ducks and coots may be hunted on the Lake Lowell sector.
2. Only portable and temporary blinds constructed of natural materials are permitted.
3. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
4. Nonmotorized boats and boats with electric motors are restricted to the area bounded by the water's edge and extending to a point 200 yards lakeward in hunting area 1 on the Lake Lowell sector.
1. Hunting of pheasant, quail and partridge is permitted on the Lake Lowell Sector.
2. Shooting hours on the Lake Lowell sector are the same as those for waterfowl hunting.
3. Hunting is not permitted on the Snake River sector from February 1 through May 31.
4. Pheasant, quail and partridge hunters shall possess and use, while in the field, only nontoxic shot.
1. During the waterfowl hunting season, fishing is permitted only within the area bounded by the water's edge extending to a point 200 yards lakeward in fishing Areas A and B on the Lake Lowell Sector.
2. Nonmotorized boats are permitted from
3. Motorized and nonmotorized boats are permitted from
4. Shoreline fishing is not permitted on the islands of the Snake River Sector from February 1 through May 31.
1. Hunting is permitted only on Tuesdays, Thursdays, Saturdays and Sundays.
2. Hunters are limited to the use and/or possession of no more than 25 shells per day.
3. All firearms must be unloaded when in the posted retrieving zone for purposes of retrieving downed birds or traveling to or from the hunting area.
1. Hunting is permitted only during the waterfowl season.
2. Pheasant hunters shall possess and use, while in the field, only nontoxic shot.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunting is permitted only in the area outside the main dike in the Liverpool Lake section and north of the entrance to the north ditch known as Goofy Ridge Ditch.
2. The retrieval zone is limited to the river side of the main dike.
3. Only temporary structures or blinds constructed of native materials are permitted.
1. Sport fishing is allowed on Lake Chautauqua from February 15 through October 15. Sport fishing is not allowed in the Waterfowl Hunting Area during waterfowl hunting season.
2. Anglers must not use more than two poles and each pole may not have more than two hooks or lures attached while fishing in the Kikunessa Pool of Chautauqua National Wildlife Refuge.
3. Private boats may not be left in refuge waters overnight.
4. Motorboats are restricted to “slow speed/minimum wake.”
5. The public may not enter Weis Lake on the Cameron-Billsbach Unit of Chautauqua National Wildlife Refuge from October 16 through January 14, to provide sanctuary for migratory birds.
1. Hunters may hunt waterfowl, by daily permit drawing, on the controlled areas of Grassy Point, Carterville, and Greenbriar land areas, plus Orchard, Sawmill, Turkey, and Grassy islands, from one-half hour before sunrise to posted closing times each day during the goose season. Hunters may hunt waterfowl in these areas, including the lake shoreline, only from existing refuge blinds during the goose season.
2. Waterfowl hunters outside the controlled goose hunting areas may use only portable or temporary blinds. Blinds must be a minimum of 200 yards apart and removed or dismantled at the end of each day's hunt.
3. Goose hunters outside the controlled goose hunting area on Crab Orchard Lake must hunt from a blind that is on shore or anchored a minimum of 200 yards away from any shoreline.
4. Hunters may possess and use only nontoxic shot while hunting migratory game bird species.
1. Upland game hunting prohibited in the controlled goose hunting areas during the goose hunting season, except furbearer hunting permitted from sunset to sunrise.
2. Hunters may not use rifles or handguns with ammunition larger than .22 caliber rim fire, except they may use black powder firearms up to and including .40 caliber.
3. Hunters may possess and use only nontoxic shot while hunting all permitted species except wild turkey. Hunters may possess and use lead shot for hunting wild turkey.
1. Hunters must possess a special permit issued by the Illinois Department of Natural Resources.
2. Hunters using the Closed Area are required to check in at the refuge visitor contact station prior to hunting and must comply with the special rules provided to them.
3. Hunters may not hunt deer in the controlled goose hunting areas during the goose hunting season.
4. Hunting stands must be removed at the end of each day's hunt.
5. Permitted hunters may use center fire ammunition for handgun deer hunting during the handgun deer season.
1. Crab Orchard Lake—west of Wolf Creek Road—Anglers may fish from boats all year. Anglers must remove trot-lines/jugs from sunrise until sunset from Memorial Day through Labor Day; east of Wolf Creek Road, and anglers may fish from boats March 15 through September 30. Anglers may fish all year at the Wolf Creek and Route 148 causeway areas. Anglers must check and remove fish from all jugs and trot lines daily. It is illegal to use stakes to anchor any trot-lines; they must be tagged with angler's name and address. Anglers may use all noncommercial fishing methods except they may not use underwater breathing apparatus. Anglers may not use jugs or trot-lines with any flotation device that has previously contained any petroleum-based materials or toxic substances. Anglers must attach a buoyed device that is visible on the water's surface to all trot-lines.
2. A-41, Bluegill, Blue Heron, Managers, Honkers, and Visitors Ponds: Anglers may fish only from sunrise to sunset March 15 through September 30. Anglers may not use boats or flotation devices.
3. Anglers may not submerge any pole or similar object to take or locate any fish.
4. Organizers of all fishing events must possess a refuge-issued permit.
5. Anglers may not fish within 250 yards of an occupied waterfowl hunting blind.
6. Fishermen may anchor trotlines only with portable weights that are removed from the water, along with the trotlines and jugs.
7. Fishermen must not use stakes or employ any floatation device which has previously contained any petroleum based materials or toxic substances.
8. Fishermen may use all non-commercial fishing methods except those requiring underwater breathing apparatus.
1. Hunters may dove hunt on sunflower fields only on Mondays, Wednesdays, and Saturdays starting September 1. Hunters may hunt only from noon to 5 pm. Hunters must sign in and out and report daily harvest at registration box. All hunting must be from field borders only. Hunters may not hunt or shoot from the interior of sunflower fields or within 100 yards of roadways. Hunters may not carry or use guns while retrieving downed doves from field interiors.
2. On the Bellrose Waterfowl Reserve—Hunters may not hunt ducks. Hunters may hunt only geese following the closure of the state duck season. Hunters may hunt only on Tuesdays, Thursdays, and Sundays. Hunters may hunt only from sunrise to 1 pm. All hunters must remove blinds and decoys, and be off the unit by 2 pm daily. Hunters may not enter the area prior to 5 am. Hunters may not hunt during special snow goose seasons after the closure of the regular goose season. Hunters may use only temporary or portable blinds; Hunters may not construct pit blinds. No one may hunt within 100 yards of any private property boundary. Distance between hunting parties must be at least 200 yards. All hunters must sign in and out and report daily harvest at the registration box.
3. Hunters must remove boats, decoys, and blinds from the refuge at the conclusion of each days hunt.
4. Boats, decoys and blinds must be removed from the refuge at the conclusion of each day's hunt.
1. Hunters must report daily harvests if hunter check-in/check-out post is provided.
2. No hunting after sunset is permitted.
3. Hunters may only use or possess nontoxic shot while hunting for any permitted birds except wild turkey. Hunters may use lead shot while hunting wild turkey.
1. Hunters must check in and out of the refuge each day of hunting.
2. Hunting blinds may not be left overnight on the refuge.
1. Only temporary structures or blinds constructed of native materials are permitted.
2. Hunters must remove boats, decoys, and portable blinds at the end of each day's hunt.
1. Hunters must remove hunting stands at the end of each day's hunt.
1. Fishermen may sport fish in all refuge waters during daylight hours from January 15, through October 15.
2. Private boats may not be left in refuge waters overnight.
3. Fishermen must restrict motorboats to slow speed/minimum wake.
4. Anglers may not sportfish in areas open to hunting during hunting seasons.
1. Hunters must possess and use only nontoxic shot while hunting all permitted birds, except wild turkeys. Hunters may possess and use lead shot for hunting wild turkey.
1. Fishermen may sport fish on all refuge waters during daylight hours from January 15 through October 15.
2. From October 16 through January 14, fishermen may fish south of Carver Lake by foot access only.
3. Private boats may not be left in refuge waters overnight.
4. Motorboats must not exceed “slow speed/minimum wake.”
1. Hunters may not hunt migratory birds on refuge closed areas posted “Area Closed”, on the Goose Island “No Hunting” zone in Pool 8, and on the Upper Halfway Creek Marsh “No Hunting” zone in Pool 7.
2. Permits are required for Potters Marsh in Pool 13 except during the early teal season.
3. Hunters may only use and possess nontoxic shot when hunting for any permitted migratory bird.
1. Hunters may not hunt or possess firearms between March 15 and the opening of the State fall hunting seasons except that hunters may hunt wild turkeys during the State spring turkey season.
2. Hunters may hunt on refuge areas posted as “Area Closed” beginning the day after the close of the applicable State duck hunting season until season closure or March 15, whichever occurs first, except that hunters may hunt wild turkey during the State spring wild turkey season.
3. Hunters must not hunt at any time within the Goose Island “No Hunting” zone in Pool 8, nor Upper Halfway Creek Marsh “No Hunting” zone in Pool 7.
4. Shotgun hunters may only use or possess nontoxic shot when hunting for any permitted birds or other small game, except wild turkey (nontoxic shot regulation to be effective starting with the 1996-97 hunting season). The possession of lead shot is still permitted for wild turkey hunting.
1. Hunters may only hunt until season closure or March 15, whichever date occurs first.
2. Hunters may hunt on refuge areas posted “Area Closed” beginning the day after the close of the applicable State duck hunting season until season closure or March 15, whichever date occurs first.
3. Hunters must not hunt at any time on the Goose Island “No Hunting” zone in Pool 8 and Upper Halfway Creek Marsh “No Hunting” zone in Pool 7.
4. Construction or use of permanent blinds, platforms or ladders is not permitted.
5. All stands must be removed from the refuge at the end of each day's hunt.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. No discharge of firearms is permitted within 100 yards of an occupied dwelling.
2. Hunting is permitted only from sunrise to sunset.
3. Hunting is prohibited from the beginning of the second State muzzleloader deer season through the end of the year.
1. Permits are required during the second State muzzleloader season. Archery hunting is permitted following the second muzzleloader season.
2. Only bow and arrow and muzzleloaders are permitted.
3. The construction and use of permanent blinds, platforms or ladders is not permitted.
4. No discharge of firearms is permitted within 100 yards of an occupied dwelling
5. Non-hunters must stay in vehicles when entering the hunt area during the second State deer muzzleloader season.
1. Fishing is permitted on Stanfield Lake from designated bank areas and from nonmotorized boats from May 15 through October 15 and when ice conditions permit ice fishing.
2. Only fishing with rod and reel or pole and line is permitted.
3. Ice fishing is permitted only when indicated by refuge signs.
4. The minimum size limit for large-mouth black bass taken from refuge waters is 14 inches.
5. Fishing is permitted during daylight hours only.
6. Frogs and turtles may be taken by hook and line during daylight hours from areas open to fishing.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required.
2. Hunters must not construct or use permanent blinds, platforms or ladders at any time.
3. Hunters must remove all hunting stands from the refuge by the close of the season.
1. Ice fishing is permitted from January 1 through the end of February when conditions are safe.
2. Motor- or wind-driven conveyances are not permitted on the lake from January 1 through the end of February.
3. The use of portable ice fishing shelters is permitted on a daily basis from January 1 through the end of February.
4. Only the use of pole and line, or rod and reel, is permitted from April 15 through October 14 with the exception that archery and spear fishing are permitted only for nongame fish from April 15 to October 14.
5. Fishing with more than two lines or with more than two hooks on each line is not permitted.
6. The use of trotlines and float lines is not permitted.
7. Minimum length and creel limits are required as posted.
1. Hunting is permitted only between November 1 and the close of State established seasons, or January 15, whichever comes first.
2. Hunting is restricted to archery and muzzleloader use only.
3. Construction or use of permanent blinds, platforms or ladders is not permitted.
4. All stands must be removed from the refuge at the end of the day's hunt.
5. Hunting in areas posted “Closed Area” is strictly prohibited.
Refer to § 32.32 Illinois for regulations.
1. The construction or use of permanent blinds, stands or ladders is prohibited.
2. Hunters must remove all hunting stands from the refuge at the end of each day's hunt.
1. Fishing is permitted from March 1 through November 15.
2. The use of boats, canoes or other floating devices is not permitted.
Refer to § 32.32 Illinois for regulations.
1. All hunting stands must be removed from the refuge at the end of each day's hunt.
2. Hunters may hunt from the opening of State season until closed on the dates posted by the refuge manager.
3. All hunters must wear one or more of the following articles of visible, external, solid blaze orange clothing: a vest, coat, jacket, sweatshirt, sweater, shirt or coveralls.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Dogs may not be used for hunting furbearing animals or non-game animals.
2. Hunters shall possess and use, while in the field, only nontoxic shot or rimfire firearms (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Only shotguns, muzzleloading firearms, or bow and arrow are permitted except during controlled hunts.
1. Anglers may fish in accordance with the Kirwin National Wildlife Refuge Visitor's Map and Guide.
2. Anglers may not use motorized vehicles on the ice.
1. The refuge is closed to all hunting from March 1 through August 31.
2. Squirrels and rabbits may only be hunted during the portion of the Kansas seasons that fall outside the March 1 through August 31 closed period.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet while participating in a refuge hunt.
1. Hunters must not use dogs for pursuit while rabbit hunting.
2. Hunters may only use shotguns for taking squirrels and rabbits.
3. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet while participating in a refuge hunt.
4. Hunters will possess and use, while in the field, only nontoxic shot.
1. Hunters may only archery hunt.
2. Hunters may not hunt by organized deer drives of two or more hunters. The definition of a drive is: the act of chasing, pursuing, disturbing or otherwise directing deer so as to make the animals more susceptible to harvest.
3. Hunters may not bait deer on refuge lands.
4. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Regulations Leaflet while participating in a refuge hunt.
1. Fishing is permitted on the Long Point Unit (north of Upper Blue Basin) from March 15 through November 15 and on the Grassy Island Unit (south of the Upper Blue Basin) from February 1 through November 15.
2. Fishing is permitted only from sunrise to sunset.
3. Anglers may not enter the refuge, or use airboats, hovercraft, or jet skis (personal water-craft) on any waters within the refuge boundary.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted during daylight hours only.
2. Sport fishing and shellfishing are permitted year round on all refuge lands south of the Intracoastal Waterway; from the banks of U.S. Highway 11; and within the banks of the borrow canal and borrow pits between U.S. Highway 11 and Interstate 10.
3. Only sport fishing with hand-held rod and reel or hand-held rod and line is permitted. Gait shrimp may be taken with cast nets 8 feet in diameter or less. Crawfish and crabs can be taken (up to 100 pounds per person) with wire nets up to 20 inches in diameter. All fishing, crabbing and crawfishing equipment must be attended at all times.
4. The use of trotlines, limblines, slat traps, gar sets, nets or alligator lines is prohibited on the refuge.
5. Only outboard motors 25 horsepower or less are permitted in waterways inside the hurricane protection levee.
6. Airboats, aircraft, motorized pirogues and go-devils are prohibited in refuge waters.
1. Hunters must possess a refuge permit.
1. Hunters must possess a refuge permit.
1. Fishermen may fish during daylight hours only.
2. Fishermen must only use rods and reel or pole and lines while fishing.
3. Fishermen must not use trotlines, slat traps or nets while fishing.
4. Fishermen must not use boats with motors larger than 25 horsepower.
5. Fishermen must not use air-thrust boats, motorized pirogues, go-devils, or mud boats in refuge waters.
1. Anglers may fish from sunrise to sunset.
2. Anglers may not leave boats or other personal equipment on the refuge overnight. Anglers may launch boats only at designated sites. Anglers may not use boat motors greater that 50 horsepower.
3. Anglers may not use trotlines, limb lines, yo-yos, traps or nets.
4. Anglers may not take frogs, turtles and mollusks.
1. Fishing is permitted year-round.
2. Camping is permitted in designated areas only.
3. Only cotton limb lines are permitted.
1. Anglers may fish year-round.
2. Crabbers must tend crabbing equipment at all times.
3. Anglers may not use trotlines, slat traps, or nets.
1. Permits are required.
2. Any person entering, using, or occupying the refuge for hunting must abide by all terms and conditions in the refuge hunting brochure.
1. Fishing is permitted from one hour before sunrise until one-half hour after sunset. Only pole and line or rod and reel fishing is permitted. Snagging is prohibited.
2. Boat launching on all refuge waters is permitted as designated in refuge brochure. Only nonmotorized boats or boats with motors of 10 horsepower or less are permitted. Boats may not be left on the refuge overnight.
3. Cowpen Bayou and the HWY 28 borrow pits open to fishing all year.
4. All other refuge waters, including Duck Lake, Muddy Bayou, ditches, all outlet waters, and all flooded woodlands are open to fishing and boating from March 1 through October 31.
1. The ends of trotlines must consist of a length of cotton line that extends from the points of attachment into the water.
2. Only cotton limb lines are permitted.
1. Recreational fishing and crabbing are permitted only from sunrise to sunset.
2. The use of trotlines, limblines, slat traps, gar sets, nets or alligator lines is prohibited.
3. Camping is permitted year-round on designated areas only.
1. Fishermen must have refuge permits to take crawfish.
2. Boats may not be left on the refuge overnight.
3. Fishermen may use yo-yos during daylight hours only.
4. Fishermen may not take frogs.
1. Permits are required.
2. Any person entering, using, or occupying the refuge for waterfowl hunting must abide
1. Permits are required.
2. Any person entering, using, or occupying the refuge for hunt must abide by all terms and conditions in the refuge hunting brochure.
1. Fishermen must possess a “free” refuge permit.
2. All persons entering, using or occupying the refuge must abide by all terms and conditions set forth in the appropriate refuge permit and brochure.
1. Refuge hunting permits are required.
2. Any person entering, using or occupying the refuge must abide by all the terms and conditions set forth in the hunting permit.
1. Refuge sport fishing permits are required.
2. Any person entering, using or occupying the refuge must abide by all the terms and conditions set forth in the sport fishing permit.
1. Hunting of ducks and coots is permitted until noon each day.
2. Boats, decoys and blinds must be removed from the refuge after each day's hunt.
3. Woodcock hunting is permitted during the State season.
4. Hunting is not permitted during the special teal season.
5. Waterfowl and coot hunters shall possess and use, while in the field, only nontoxic shot.
6. Firearms must be unloaded while being transported in a vehicle or boat.
1. Hunting of raccoon and opossum is permitted only during December and January of odd numbered years and only during the daylight hours during State squirrel season.
2. Feral hogs, coyotes and beaver may be taken during all refuge hunts.
3. Firearms must be unloaded while being transported in a vehicle or boat.
4. Nontoxic shot is required while hunting upland game species.
5. Dogs are allowed for hunting squirrels, rabbits and raccoon only from the end of the last refuge gun deer hunt to the end of small game season.
1. Hunters may hunt either-sex deer with firearms during the second and third either-sex firearms seasons for Union Parish.
2. Feral hogs, coyotes, and beaver may be taken during all refuge hunts.
3. Firearms must be unloaded while being transported in a vehicle or boat.
4. Only still hunting is permitted.
5. Deer stands may not be left unattended.
1. The ends of trotlines must consist of a length of cotton line that extends from the points of attachment into the water.
2. Only cotton limb lines are permitted.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required.
2. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. The use of nonmotorized boats only is permitted on Bearce, Conic, and Cranberry Lakes.
2. Fishing is permitted during daylight hours only.
1. Hunters must possess a refuge permit.
2. Hunters must remove all personal property from the refuge after each day's hunt.
3. Designated Youth Hunting Areas are open to individuals under 18 who possess a permit. An adult must accompany youths under 15 years of age. Accompanying adults possessing a permit may hunt.
1. Hunters must possess a refuge permit.
2. Hunters during the firearm deer season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches (10.16 square meters) of solid-colored hunter orange clothing or material.
3. Hunters must possess and use, while in the field, only nontoxic shot.
1. Hunters must possess a refuge permit.
2. Designated youth hunting areas are open to individuals under 18 who possess a permit. An adult must accompany youths under 15 years of age. Accompanying adults who possess a permit may hunt.
3. Hunters may hunt fox and coyotes during the firearm deer season only.
4. Hunters during the firearm deer season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches (10.16 square meters) of solid-colored hunter orange clothing or material.
1. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
The following refuge units have been opened for hunting and/or fishing, and
1. Permits are required.
2. Handguns and breech-loading rifles are not permitted.
3. In the headquarters hunt area, hunters must remain within 30 feet of their stand, unless actively tracking or retrieving wounded deer.
4. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Fishing and crabbing are permitted from April 1 through October 1 during daylight hours only.
2. All fish and crab lines must be attended.
3. Boat launching from refuge lands is not permitted.
4. The use of airboats is not permitted on refuge waters.
1. Refuge permits required.
2. The refuge is open to limited turkey hunting during the state spring turkey season.
3. Hunters may only use archery, shotguns, and muzzleloaders for deer, and shotguns only for turkey.
4. Hunters may not possess loaded weapons in parking areas, blacktopped or graveled roads.
5. Deer hunters must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid colored hunter orange clothing or material.
6. Turkey hunters must wear a hat or cap of hunter orange when moving to or from their blind or hunting position.
1. Seasonal permit is required.
2. A fee is required for issuance of a seasonal permit.
3. The use of a retriever is mandatory on any impounded waters. Retrievers shall be of the traditional breeds, such as Chesapeake Bay, Golden, etc.
4. Dogs observed running loose or unattended in unauthorized areas shall be subject to seizure by law enforcement officers.
1. Seasonal permit is required.
2. A fee is required for issuance of a seasonal permit.
3. Hunting of upland game is suspended during the firearm deer season.
4. Hunters must wear in a conspicuous manner on head, chest and back, a minimum of 400 square inches of solid-colored hunter orange clothing or material.
5. Dogs observed running loose or unattended in unauthorized areas shall be subject to seizure by law enforcement officers.
6. Shotgun hunters will possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Seasonal permit is required.
2. A fee is required for issuance of a seasonal permit.
3. Validation of hunter safety proficiency test is required.
4. Dogs are not permitted.
5. No hunting with black powder handguns will be permitted.
6. Possession of rifled slug or pumpkin ball is permitted only during the firearm deer season. Use of buckshot is strictly prohibited.
7. Only shotguns loaded with rifled slug or pumpkin ball and black powder rifles, 40 caliber or larger, with not less than 60 grains of black powder or equivalent in Pyrodex, shall be used for hunting deer during the firearm deer season.
8. During the firearm deer season, the use of bow and arrow is prohibited.
9. Hunting of upland game is suspended during the firearm deer season.
10. Hunters must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material. Bow hunters must follow this requirement when moving to and from the deer stand, but are not required to wear hunter orange when positioned to hunt.
11. Only portable deer stands with safety belts are permitted. Safety belts must be worn while in the stand.
1. Fishermen may fish only in delineated areas as shown on a map available at the refuge.
2. Fresh water fishing and boating laws of the State of Maryland apply to include opening/closing of seasons and creel limits.
3. Fishermen may use hook and line tackle and baits permitted by Maryland law, with the exception of live minnows or other fish.
4. Special provisions: Cash Lake, a 54 acre lake located on the South Tract requires a federal permit to fish, and a limit of 25 daily permits will be issued. Persons may request a permit application by contacting: National Wildlife Visitor Center, Laurel, Maryland, during normal working hours. Each request must include the person's name, address, and phone number, and the model, year and license number of the vehicle that will drive to the refuge. You may request a fishing date 1 week prior to when you plan to fish. One licensed angler or up to two children under the age of 16 may accompany the permit holder. Open season is June 15 through October 15: 6 a.m. to legal sunset daily. You may fish for the following species: Bass, pickerel, catfish, and sunfish. Daily creel limits: bass, catch and release only; pickerel, catch and release only except you may keep one pickerel greater than 15 inches in length; sunfish and catfish, 15 per day total fish limit. Permittees may use boats subject to the following conditions: no gasoline motors permitted; You may not trailer boats to the water; boats other than canoes may not exceed 14 feet; you may not use sailboats or kayaks.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted along the main channel of the Sudbury River, Concord River and along designated banks of Heard Pond with the following exception: Fishing is not permitted within refuge impoundments.
2. Only foot access is permitted.
1. Fishing is permitted on the ocean beach only.
2. A permit is required for the use of over-the-sand surf fishing vehicles.
1. Vehicles are restricted to the designated parking area that is accessible from the Still River Depot Road. Entry by routes other than Still River Depot Road is prohibited.
2. [Reserved]
1. Shotguns only are permitted.
2. Vehicles are restricted to the designated parking area that is accessible from the Still River Depot Road. Entry by routes other than Still River Depot Road is not permitted.
3. Hunters will possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Hunters may not use or possess more than 25 shells per day.
2. Hunters using Area B must set out a minimum of six waterfowl decoys and hunt within 50 yards of these decoys.
1. Hunters must possess a refuge permit.
1. Saltwater fishing is permitted on the ocean beach only.
2. A permit is required for night fishing and for the use of over-the-sand surf-fishing vehicles.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Ice Fishing.
i. Fishing is permitted from January 1 through the end of February during daylight hours only.
ii. Ice shanties, houses or shelters are not permitted on F Pool.
iii. Snowmobiles or all-terrain vehicles are not permitted.
2. Summer Fishing.
i. Fishing is permitted from May 15 through September 30 during daylight hours only.
ii. Fishing is permitted on the Creighton, Driggs and Manistique Rivers, Walsh Creek west of the Walsh ditch south to its entry into the C-3 Pool.
iii. Only bank fishing is permitted in refuge pools.
iv. Access to Driggs and Creighton Rivers, Walsh Creek and Walsh Ditch is limited to canoes without motors and to foot traffic along these watercourses.
1. Permits are required.
2. Duck and coot hunting is permitted only in Pool 4 and associated marshes.
3. Goose hunting in designated cropland fields and areas of the Shiawassee River is permitted until 12 noon with a required check out time of 1 p.m.
1. Permits may be required.
2. Hunters must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid colored hunter orange clothing or material.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. The construction or use of permanent blinds, platforms or ladders is not permitted.
2. All stands must be removed from the refuge at the end of each day's hunt.
1. Only nontoxic shot may be used or possessed while hunting for partridge or ring-necked pheasant (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. The construction or use of permanent blinds, platforms or ladders is not permitted.
2. All stands must be removed from the refuge at the end of each day's hunt.
1. Nonmotorized boats or boats with electric motors are permitted in the Minnesota River channel only.
2. Bank fishing only is permitted on refuge pools and open marshes.
3. Ice fishing shelters must be removed from the refuge following each day's fishing activities.
1. Hunters may only use shotguns and bows and arrows in designated areas.
2. Hunters may only use or possess non-toxic shot.
1. Permits may be required.
2. The construction or use of permanent blinds or platforms is not permitted.
3. All portable stands must be removed from the refuge at the end of each day's hunt.
4. Hunters may not use or possess single shot projectiles (shotgun slugs, or bullets) on the Soberg Waterfowl Production Area.
1. Only bank fishing is permitted.
2. Ice fishing is permitted when ice conditions are safe.
3. Ice fishing shelters must be removed from the refuge following each day's fishing activity.
1. Hunters may not hunt on designated portions of the Edwards-Long Lake Waterfowl Production Area in Stevens County.
1. Hunters may not hunt on designated portions of the Edwards-Long Lake Waterfowl Production Area in Stevens County.
1. Hunters may not hunt on designated portions of the Edwards-Long Lake Waterfowl Production Area in Stevens County.
1. Anglers may not fish on designated portions of the Edwards-Long Lake Waterfowl Production Area in Stevens County.
1. Shotgun hunters may only use or possess nontoxic shot while hunting migratory game birds.
1. Shotgun hunters may only use or possess nontoxic shot while hunting upland game species (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. The construction or use of permanent blinds, platforms or ladders is not permitted.
2. All stands must be removed from the refuge at the end of each day's hunt.
3. Permits are required for firearms hunting.
4. Hunting of deer on the Rice Lake Unit is by firearm and archery; hunting on the Sandstone Unit is by archery only.
1. Fishing from non-motorized boats or boats powered by electric motors is permitted only in designated areas.
2. Ice fishing is permitted on Mandy Lake when ice conditions are safe.
3. Ice fishing shelters must be removed from the refuge following each day's fishing activity.
1. Permits are required to hunt white-tailed deer in the Special Permit Area of the refuge.
2. Hunting in the Special Permit Area is permitted with firearms only.
3. Hunters may not construct or use permanent blinds, permanent platforms, or permanent ladders. Hunters may use portable stands, but must remove them from the refuge at the end of each day's hunt.
4. Hunters who harvest deer in the Special Permit Area must take their deer to the refuge check station.
1. Field possession of migratory game birds is not permitted on refuge areas closed to migratory game bird hunting.
2. Only nonmotorized boats are permitted, and they must be launched at designated access sites.
3. Boats, decoys and blinds must be removed from the refuge following each day's hunt except for blinds made entirely of marsh vegetation.
4. Entry to hunting areas is not allowed earlier than one and one-half hours before legal shooting hours.
5. Shotgun hunters may use or possess only nontoxic shot while hunting for migratory game birds.
1. Shotgun hunters may use or possess only nontoxic shot while hunting for all upland game species (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. The construction or use of permanent blinds, platforms or ladders is not permitted.
2. All stands must be removed from the refuge at the end of each day's hunt.
1. Fishing is permitted on the St. Francis River only.
2. Nonmotorized boats are permitted only on designated areas of St. Francis River and must be launched from designated access points.
1. Hunting is in accordance with White Earth Reservation regulations on those portions of the Reservation that are a part of the refuge.
2. Blinds must be removed from the refuge following each day's hunt except for blinds made entirely of marsh vegetation.
1. Hunting by tribal members is in accordance with White Earth Indian Reservation regulations on those parts of the Reservation that are part of the refuge.
2. Red fox, raccoon, and striped skunk may be hunted only from one-half hour before sunrise until sunset during open seasons for
3. Shotgun hunters may only use and possess nontoxic shot while hunting for all upland game species.
1. Hunting is in accordance with White Earth Reservation regulations on those parts of the Reservation that are a part of the refuge.
2. The construction or use of permanent blinds, platforms or ladders is not permitted.
3. All stands must be removed from the refuge at the end of each day's hunt.
1. Fishing is permitted in North Tamarac Lake, Wauboose Lake, and Two Island Lake, all year in accordance with State and/or White Earth Reservation regulations.
2. Fishing is permitted in Blackbird Lake and Lost Lake from the first day of the State walleye season through Labor Day under State and/or White Earth Reservation regulations.
3. Bank fishing only is permitted in an area 50 yards on either side of the Ottertail River Bridges on County Roads
4. Fishing is permitted in Pine Lake from December 1 until March 31.
Refer to § 32.32 Illinois for regulations.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
Refer to § 32.37 Louisiana for regulations.
1. Fishermen must possess a refuge permit.
1. Refuge permits required.
2. Hunters may hunt only on Tuesdays, Thursdays, and Saturdays from
3. Hunters may not be on the refuge after 1:00 p.m.
4. Hunters may use portable blinds only and they must be removed after each hunt.
5. Hunters may use approved non-toxic shot only: possession or use of lead shot is prohibited.
6. Hunters may only use a maximum of 15 horse power outboard or electric motors.
7. Hunters may use retriever dogs.
8. Youth waterfowl hunters may hunt in Gilliard Lake only on the weekend after the state regular season closes.
1. Refuge permits required, and raccoon hunters must have a special permit for raccoon night hunting.
2. Hunters may hunt rabbit and squirrel during two separate seasons, one without dogs and one designated with dogs.
3. Hunters may hunt raccoons, special permit required from 6 p.m. until 6 a.m. each night.
4. Hunters may hunt raccoons with dogs.
1. Refuge permits required.
2. Archery and muzzle loading seasons are available. No gun hunts for deer.
3. Hunters may take either sex—4-points or greater (non-resident hunters may only harvest antlered deer).
4. Hunting allowed sunrise to sunset only.
5. Hunters may use portable deer stands and they must be removed after each hunt.
6. There will be a designated youth hunt for deer.
7. Youth hunters may hunt turkey on the Sibley unit on designated dates.
8. Five youth hunters will be lottery drawn and may hunt during the first weekend and five youth hunters during the second weekend.
9. Youth hunters must submit lottery applications to the refuge to be considered for the drawing.
1. Fishing and access is permitted during daylight hours only from March 1 through September 15 in areas designated by refuge signs and/or leaflets with the exception that fishing and access may be permitted year-round in some areas if designated by refuge signs and/or leaflets.
2. Access to the refuge fishing areas is restricted to roads and trails designated by refuge signs and/or leaflets.
3. Boats may not be left on the refuge overnight.
4. Anglers may not use nets, seines, trotlines or any device for taking fish other than rod and reel.
5. Anglers may not commercial fish.
1. Fishermen may not commercial fish.
2. Daylight use only.
3. The public may not camp.
4. Fishermen may use vehicles only on designated roads.
5. Fishermen must not litter on the refuge.
6. Fishermen must not build fires on the refuge.
7. Fishermen must not use all terrain vehicles on the refuge.
8. All State regulations governing seasons, licenses, and creel limits apply.
9. Fishermen must not use nets, seines, trot lines, or any similar device for taking fish.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
Refer to § 32.32 Illinois for regulations.
1. Permits are required.
2. Only historic weapon hunting is permitted.
3. Hunters are required to check in and out of the refuge.
4. Stands must be removed from the refuge each day.
5. Hunting is permitted only during the special hunt season established by the State for the refuge.
1. Permits are required.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Permits are required.
2. Only historic weapon hunting is permitted.
1. Fishing is permitted from March 1 through October 15 during daylight hours only.
2. Only nonmotorized boats are permitted on refuge waters with the exception that the use of motors of 10 horsepower or less is permitted on Silver Lake.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters are required to check in and out of the refuge.
2. Air-thrust boats and boats with motors greater than 10 horsepower are not permitted.
1. Hunting of fox and coyote is permitted from December 1 to March 1.
2. Hunters are required to check in and out of the refuge.
3. Hunters shall possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Coyote hunting allowed from the first day of antelope rifle season through March 1 annually.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunters may not use or possess more than 15 shells per day.
2. Shooting is permitted only from or within 10 feet of designated blinds.
3. Maximum of 5 hunters per blind.
4. Hunters are required to record hunt information at Hunter Access Points.
1. Only archery hunting is permitted.
2. Hunters are required to enter and exit and record hunt information at Hunter Access Points.
3. Deer stands left on the refuge must be identified with a name and address and be accessible to other hunters.
4. Deer may not be retrieved from closed areas without prior consent from the refuge staff.
1. Coyote hunting allowed from the first day of antelope rifle season through March 1 annually.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishermen may hook and line fish during daylight hours with closely attended poles.
2. Fishermen may use only non-motorized vessels in the Chute, but must not leave vessels on the refuge overnight,
3. Fishermen must not use floating, limb, or trot lines on the refuge.
4. Fishermen must not use bow, crossbow, snagging devices, or spears while fishing.
5. Fishermen must not dig bait, net, frog, or collect mussels (clams).
Refer to § 32.34 Iowa for regulations.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters may hunt cottontail rabbits and jackrabbits only during the State quail hunting season.
2. Hunters must only use shotguns.
1. Bighorn sheep guides are required to obtain a Special Use Permit prior to taking clients onto the range.
2. Natural bighorn sheep mortality (pick-up heads) found on the range are government property and possession or removal of them from the range is not permitted.
1. Only nonmotorized boats or other motorless flotation devices are permitted on the refuge hunting area during the migratory waterfowl hunting season.
2. Hunting of waterfowl, coots, and moorhens is permitted only on the opening weekend and Tuesday, Thursday, and Saturday throughout the remainder of the season.
1. Fishing is permitted year-round with the exception of North Marsh which is closed annually during the waterfowl hunting season.
2. Only non-motorized boats and boats with electric motors are permitted on Upper Lake, Middle Pond and Lower Lake.
3. The use of boats, rubber rafts or other flotation devices is not permitted on North Marsh.
1. Fishing is permitted from one hour before sunrise until two hours after sunset.
2. Fishermen may only fish on dikes in the areas north of the Brown Dike and east of the Collection Ditch with the exception that you may fish by wading and from personal flotation devices (float tubes) in Unit 21.
3. Only artificial lures may be used in the Collection Ditch and the associated springs that are open to fishing.
4. Fishermen may annually, beginning June 15 and continuing until December 31, only use motorless boats or boats with battery powered electric motors on the South Marsh.
5. Fishermen may annually, beginning August 1 and continuing until December 31, use boats propelled with a motor or combination of motors in the aggregate, but not to exceed 10 horse-power rating, on the South Marsh.
6. Boats may be launched only from designated landings.
7. Anglers may not store boats of any kind on the refuge from January 1 through May 31.
8. Anglers may wade and bank fish in the South Marsh only at Brown Dike, the Main Boat Landing, and Narciss Boat Landing from January 1 through July 31 annually. Anglers may wade and bank fish in the entire South Marsh, from August 1 through December 31, annually.
1. Waterfowl and coot hunters shall possess and use, while in the field, only nontoxic shot.
2. Hunters may not use motorized boats.
1. Big Springs Reservoir, Dufurrena Ponds, and Catnip Reservoir—Anglers may bank fish, fish by wading, or use nonmotorized boats, boats with electric motors, float tubes and similar floatation devices only. Anglers may not fish from motorized boats.
2. Only individuals 12 years of age or under, or 65 years of age or older, or individuals who are disabled are permitted to fish in McGee Pond.
1. Waterfowl hunting will not require a permit. Hunting will be allowed only from the immediate shoreline of the Bay.
2. Only portable blinds are permitted. All decoys, blinds, and boats must be removed after each day's hunt.
3. Waterfowl hunters will access shorelines by boat only.
1. Refuge Permits are required for the deer hunt.
2. Big game hunters are required to wear, in a conspicuous manner on the head, chest and back, a minimum of 400 square inches of solid-colored blaze orange clothing or material.
D.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. All persons while hunting migratory game birds, except waterfowl, must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
2. All hunting blind materials, boats, and decoys must be removed at the end of each hunting day. Permanent and pit blinds are not permitted.
3. The common snipe season on the refuge begins with the early woodcock south zone season. (The refuge common snipe season will continue through the end of the State-set common snipe season.)
4. Hunters shall possess and use, while in the field, only nontoxic shot.
1. All hunting blind materials, boats, and decoys must be removed at the end of each hunting day. Permanent and pit blinds are not permitted.
2. In Hunting Area C of the Barnegat Division, hunting is restricted to designated areas, with each site limited to one party of hunters.
3. Use of Hunting Unit 3 of the Brigantine Division may be restricted to certified Young Waterfowl Program trainees for up to 30 days as posted.
4. Hunters may not use or possess more than 25 shells per day in Hunting Areas A, B, and C in the Barnegat Division and in Hunting Unit 1 in the Brigantine Division.
5. In Hunting Area B of the Barnegat Division, hunting is restricted to designated sites, with each site limited to one party of hunters. A minimum of six decoys per site is required.
6. No sites or areas may be occupied before 4:00 a.m. Access is by boat only.
7. Shotgun hunters will possess and use, while in the field, only nontoxic shot.
1. A State permit for the appropriate New Jersey Deer Management Zone is required.
2. Refuge hunting hours are consistent with State hunting hours. Hunters may enter the refuge no earlier than two hours before shooting time and leave no later than one hour after the end of shooting hours.
3. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Saltwater fishing is permitted from the beach on Holgate Peninsula and Little Beach Island with the exception of those areas posted as closed.
2. Boat and bank fishing are permitted in and along Lily Lake. Boat ramp facilities are not available; only cartop launches will be permitted.
3. Fishing, clamming and crabbing are not permitted from land or on any waters within tract 122X locally known as the AT&T properties. This area is closed to all public use.
1. Hunters must comply with State laws governing special deer permit hunts.
2. Hunters must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. All goose and duck hunting will close after the last day of the regular duck season for the south zone of New Jersey.
2. Snow goose hunting will begin with the Canada goose season for the south zone of New Jersey only.
3. Loaded and uncased firearms are permitted in an unanchored boat only when retrieving crippled birds.
4. All hunting blind materials, boats, and decoys must be removed at the end of each hunting day. Permanent blinds are not permitted.
5. Hunters shall possess and use, while in the field, only nontoxic shot.
1. A State permit for the appropriate New Jersey Deer Management Zone is required.
2. In addition to the State permit, a Special Use Deer Hunting Permit issued by the refuge is required.
3. All hunters must attend a refuge hunter orientation session.
4. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
5. Single projectile ammunition may only be used when hunting from a stand elevated at least six feet above ground level and only in shotguns equipped with adjustable sights or a scope.
1. Hunters must be in possession of signed refuge hunting permits at all times while hunting on the refuge.
2. Refuge hunting regulations, as listed in the hunting leaflet for Wallkill River National Wildlife Refuge, will be in effect.
3. Shotgun hunters may use or possess only nontoxic shot while hunting migratory game birds.
1. Hunters must sign and be in possession of refuge hunting permits at all times while hunting on the refuge.
2. Refuge hunting regulations, as listed in the hunting leaflet for Wallkill River National Wildlife Refuge, will be in effect.
1. Anglers may fish from canoes or cartop boats on the Wallkill River.
2. Anglers must park in designated parking areas if accessing the Wallkill River through refuge land.
3. Anglers may not take frogs and/or turtles.
4. Anglers may fish from sunrise to sunset.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters may hunt for migratory game birds only on Tuesdays, Thursdays, and Saturdays of each week until 1 p.m.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Pits and permanent blinds are not permitted.
4. Neither hunters nor dogs may enter closed areas to retrieve game.
5. Hunting in Hunt Area B is permitted on all days within the State authorized season.
6. Hunting in Hunt Area C is permitted from mid-October through the end of January, on Tuesday, Thursday, and Saturday of each week from one-half hour before sunrise to 1 p.m. Dove hunting is prohibited in Hunt Area C.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Hunting in Hunt Area B is permitted on all days within the State authorized seasons.
3. The hunting of rabbit and quail is prohibited in Hunt Area C.
1. Only shotguns and bows and arrows are permitted.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Fishing is permitted from April 1 through September 30.
2. Fishing is permitted from 1 hour before sunrise until 1 hour after sunset.
3. Frogging and the use of trotlines, spears, bows and arrows, boats and other flotation devices are not permitted.
1. Permits and payment of a fee are required.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Hunters age 17 and under must hunt under the supervision of an adult age 21 or older.
4. Hunters or dogs may not enter closed areas to retrieve birds.
5. Canada goose hunting is permitted only on designated days of the week at certain hours as identified on the permit.
1. Fishing is permitted from noon March 1 through October 31.
2. Fishing is permitted only in Lakes 13 and 14.
3. Boats are permitted on Lakes 13 and 14 only during the fishing season.
4. Fishing is not permitted within 150 feet of headgates.
1. Hunters or dogs may not enter closed areas to retrieve birds.
2. Permanent blinds are not permitted.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted only on the beach and in areas not designated as closed.
2. Fishing is permitted only during daylight hours.
1. Permits are required for waterfowl hunting.
2. Completion of the State waterfowl identification course is required.
3. Hunting is not permitted from March 1 through September 30.
4. Waterfowl hunters may not use or possess more than 15 shells per day.
5. Waterfowl hunters must provide and use a minimum of six decoys per hunter.
6. Waterfowl hunting is permitted from designated stands only, with a maximum of three hunters per stand.
7. Hunting must occur within 50 feet of a stand marker, unless actively pursuing crippled birds.
1. Permits are required for night hunting of furbearers.
2. Hunting is not permitted from March 1 through September 30.
3. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
4. Shotgun hunters will possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Fishing is permitted only during daylight hours.
2. Fishing is permitted from July 15 through September 30 and from December 1 through the end of February with the exception that fishing is permitted at all times in Feeder Canal and Oak Orchard Creek.
3. Ice fishing is permitted on Ringneck, Schoolhouse and Center Marshes only from December 15 through the last day of February when conditions are safe.
4. The use of boats or other flotation devices is not permitted with the exception that nonmotorized boats may be used on Oak Orchard Creek from Knowlesville Road to the cable across the creek approximately two miles downstream.
5. Boats, structures or other equipment must be removed from the refuge after the completion of the day's fishing activities.
1. Permits/reservations are required.
2. Hunting is permitted only on Tuesdays, Thursdays and Saturdays during established refuge seasons set within the New York State western zone seasons.
3. Each hunter shall not have more than 15 steel shot shells in his/her possession.
4. Only motorless boats are permitted on the refuge hunting area.
5. Completion of the New York State Waterfowl Identification Course is required.
6. Hunting ends each day at 12 noon local time.
All hunters must check out at the Route 89 Check Station by 1:00 p.m. local time.
1. All hunters must possess and return at day's end a valid daily hunt permit card.
2. Hunting of deer is permitted on designated portions of the refuge by archery, shotgun, or muzzleloader only during established refuge seasons set within the general State deer season.
3. Hunters are permitted on the refuge one hour before legal sunrise and one hour after legal sunset.
4. Only portable tree stands may be used and must be removed from the refuge each day.
5. All firearms must be unloaded before legal sunrise and after legal sunset.
6. All bows must be disassembled, locked, or cased before legal sunrise and after legal sunset.
7. Hunters during the refuge firearms season, must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Shore and boat fishing is permitted on that portion of the Carmans River between Sunrise and Montauk Highways.
2. Only boat fishing is permitted from Montauk Highway south to the mouth of the Carmans River.
3. Fishing is permitted only during daylight hours.
4. Spearfishing and taking of baitfish and frogs is not permitted.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted year-round only from sunrise to sunset.
2. Only the use of pole and line, rod and reel or cast net is permitted.
3. A permit is required for night fishing.
4. Frogs may be taken by the use of frog gigs only. A permit is required.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Only portable blinds are permitted.
3. Blinds must be removed from the refuge following each day's hunt.
4. Ducks and coots may be taken only during the State waterfowl seasons occurring during November, December and January.
Refer to § 32.66 Virginia for regulations.
1. Fishing is permitted only from sunrise to sunset from March 15 through October 15 with the exception that bank fishing is permitted in Corey's Ditch and the canal adjacent to the Knotts Island Causeway year-round.
2. All fishing lines must be attended.
3. Airboats are not permitted.
1. Hunters must possess a refuge permit.
1. Fishing and crabbing are permitted from March 1 through November 1 from
2. Bank fishing and crabbing are permitted year-round along the Highway 94 Causeway and in the immediate vicinity of the Lake Landing water control structure, the Rose Bay water control structure, and the Outfall Canal water control structure. Other areas open to this activity are the Central Canal and East and West Main Canal as signed. Bank fishing and crabbing is permitted from one half hour before sunrise to one-half hour after sunset except that the Highway 94 Causeway is open to fishing and crabbing 24 hours per day.
3. Fishermen may not dip herring (alewife).
4. All fish lines and crabbing equipment must be attended. Crabbing equipment is restricted to five handlines and/or hand-activated traps per person. The catch/possession limit is 12 blue crabs per day per person.
5. Airboats, sailboats, wind surfers, and jet skis are not permitted.
6. Bank fishing is prohibited along the entrance road from Highway 94 to the Refuge Headquarters.
1. Hunters must possess a refuge permit.
1. Hunters must possess a refuge permit.
1. Hunters always must possess a refuge permit and a special quota permit for gun deer hunts.
1. Fishermen may fish with a pole and line or rod and reel from March 15 to October 15 during daylight hours only.
2. Fishermen may use boats in Andrews Pond, Beaver Ponds, and Arrowhead Lake only.
3. Fishermen may only use electric motors in refuge waters.
4. Fishermen may not possess or use of trotlines, set hooks, gigs, yo-yo's, jug-lines, limblines, nets, seines, fish traps, and other similar equipment on the refuge.
5. Fishermen may not possess or use minnows as bait on the refuge.
6. Fishermen may not frog or turtle on the refuge.
7. The refuge may close certain fishing areas at anytime for management purposes.
1. Access permitted 1
2. Firearms must be unloaded and encased while being transported by a vehicle or boat under power.
3. Only portable blinds and temporary blinds constructed of natural materials are permitted. Portable blinds must be removed following each day's hunt.
4. Hunting is permitted during State season.
1. Permits are required for any night hunting.
2. Access permitted 1
3. Firearms must be unloaded and encased while being transported by a vehicle or boat under power.
4. Hunting is permitted during State season except opossum and raccoon hunting will be closed during State bear season including 5 days before and after that season.
5. Hunters must wear 500 square inches of fluorescent orange material above the waist, visible from all directions.
6. Possession of buckshot or slugs while hunting with dogs is prohibited.
7. Hunters shall use only shotguns and/or 22 caliber rim-fire rifles for upland game hunts.
8. Hunters shall possess and use, while in the field, only nontoxic shot on designated areas of the refuge (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Each hunter must wear 500 square inches of fluorescent orange material above the waist visible from all directions during the muzzle loading and gun seasons.
2. Only shotguns, muzzle-loaders, and bow and arrow are allowed for big game hunts.
3. Firearms must be unloaded and encased while being transported by a vehicle or boat under power.
4. Access permitted 1
5. Hunting permitted during State season.
6. Dogs are not permitted.
7. All stands must be removed from the refuge following each day's hunt. The construction or use of permanent stands, blinds, platforms, or ladders is prohibited.
8. Archery hunting on the Pungo Unit is permitted during the regular State archery season and from November 1 through 30. State bag limits apply.
9. Shotgun, muzzle-loaders, and bow and arrow are permitted on the Pungo Unit subject to the following condition: Permits are required.
1. The refuge portion of New Lake and the Pungo Lake is open to fishing from March 1 to November 1. The public may not access the refuge portion of New Lake and Pungo Unit during the period from November 2 to
2. Anglers may bank fish only in the Pungo Unit.
3. Anglers may only fish from sunrise to sunset.
4. Boats may not be left on the refuge overnight.
1. Permits are required.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Only portable blinds are permitted.
3. Blinds must be removed from the refuge following each day's hunt.
4. Ducks and coots may be taken only during the State waterfowl seasons occurring during November, December and January.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunting is permitted from December 1st through the end of the regular seasons.
2. Hunters shall possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Hunting is permitted from December 1 until the close of the State season.
2. Only nontoxic shot is permitted for upland game hunting (nontoxic shot regulation to be effective starting with the 1996-97 hunting seasons).
3. All islands are closed to hunting.
4. Vehicle use is restricted to the tour route road only.
1. Rifle and muzzleloader deer hunting opens according to State regulations.
2. Refuge and State permits are required for the first one and one-half days of the State rifle season.
3. Orange clothing is required for deer hunters as per State regulations.
4. Hunting with bow and arrow is permitted only the day following the close of the State deer firearms season through the close of the State archery season.
5. All islands are closed to hunting.
6. All refuge roads are closed for use by rifle deer hunters except for retrieval of deer.
7. Muzzleloader and archery deer hunters may use the auto tour route for access during the hunt and all roads for retrieval of deer.
1. Only nontoxic shot or falconry may be used.
2. Upland game birds and rabbit shotgun season is from December 1 through the end of the State season.
3. The upland game bird and rabbit falconry season is from December 1 through March 31.
1. Archers may hunt throughout the entire State archery season.
2. Deer hunting with rifle and muzzleloader is subject to all State regulations and license units.
1. Fox hunting opens annually on the day following the close of the regular firearm deer season and closes on March 31.
2. Fox hunting is closed from
3. Hunters shall possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Possession of firearms in retrieving zones is prohibited.
2. Waterfowl and coot hunters shall possess and use, while in the field, only nontoxic shot.
1. Only archery hunting is permitted on the refuge's Special Archery Unit.
2. Only portable devices or natural materials for temporary blinds and tree stands are permitted.
1. Deer hunting with rifle and muzzleloader is subject to all State regulations and license units.
2. Deer archery hunting is open the day following the close of the rifle deer hunting season through the close of the State archery season.
1. Hunters may only possess and use nontoxic shot.
2. Hunters may enter the refuge on foot only.
1. Only archery hunting is permitted.
2. Hunting is not permitted from the opening day of the State waterfowl season through the close of the State deer gun season.
1. Only steel shot may be used (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
2. Upland gamebird season is from December 1 through the end of the State season.
1. Hunters must enter the refuge on foot only.
2. Archery hunting is not allowed during the firearm deer season.
1. Bank fishing is restricted to public use areas on Unit 1, Unit 2, and Long Lake Creek.
2. Boat fishing is restricted to Unit 1.
3. Boats are restricted to 25 HP maximum.
4. Boats are restricted to the period from May 1 through September 30.
5. Ice fishing is restricted to Unit 1.
6. Ice houses must be removed by March 1 annually.
1. Hunting is not permitted on the portion of the refuge south of Highway 50 during the State deer gun season.
2. Hunting is permitted on the portion of the refuge north of Highway 50 only after the close of the State deer gun season.
3. Hunters shall possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Refuge and State permits are required for the first one and one half days of the State gun season.
2. Only persons with valid permits are permitted on the refuge during the first one and one half days of the season.
3. Archery hunting is permitted through the day before the opening of the State waterfowl season, and it is permitted following the deer gun season.
1. Hunters may enter the refuge on foot only.
2. Archery hunting is not allowed during the firearm deer season.
1. Hunters may only possess and use nontoxic shot.
1. Designated areas are closed during the waterfowl and deer gun season.
2. Hunter orange vest and cap are required during the deer seasons.
3. Hunters may only possess and use nontoxic shot.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is allowed from June 1 through August 31 during daylight hours only.
2. Boats or flotation devices are not permitted.
1. Permits are required.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Permits are required.
2. Hunters are required to check in and out of the refuge each day that they hunt.
3. No shooting from refuge roads or dikes is permitted.
1. Fishing is allowed from June 1 through August 31 during daylight hours only.
2. Boats or flotation devices are not permitted.
3. Fishing is restricted to persons 16 years or younger or 65 years or older.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters may hunt squirrels on portions of Deep Fork National Wildlife Refuge during the state season except the refuge is closed during the first half of archery deer season through rifle deer season and spring turkey season.
2. Hunters may hunt rabbits on portions of Deep Fork National Wildlife Refuge during the state season except it is closed from the beginning of the archery deer season until after rifle deer season.
3. Hunters may only use shotguns with
4. The refuge leaflet designates all hunting and parking areas.
5. Hunters may hunt raccoons on portions of Deep Fork National Wildlife Refuge during January. Refuge permits required. Dogs allowed. Raccoon hunters may use mules only in one area as designated on refuge permit.
1. Hunters must pay fees and obtain a refuge permit.
2. Hunters must not drive off designated refuge roads.
3. Each hunter entering the refuge must possess a refuge permit.
1. Bank fishing is permitted year-round on the Deep Fork River. Bank fishing with pole and line is permitted from March 1 through September 30 on the sloughs separated from the Deep Fork River.
2. Boats may be launched on the refuge from access points designated in the refuge leaflet. Only small boats or canoes will be permitted on the refuge.
3. The use of firearms is prohibited.
1. Prohibited off-road vehicle use.
2. Hunters may not build permanent blinds.
3. Hunters may hunt only from one-half hour before sunrise until noon each day.
4. Hunters must carry refuge hunting permits.
5. Hunters may hunt waterfowl (ducks) only during designated refuge seasons.
1. Turkey hunters must obtain permits and pay fees.
2. Prohibited off-road vehicle use.
3. Hunters may hunt upland game only during designated refuge seasons.
4. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunters must obtain permits and pay fees.
2. Prohibited off-road vehicle use.
1. Only shotguns are permitted.
2. Closed during the State gun deer season.
3. Hunting ends at 4:30 p.m. daily.
1. Archery and shotguns are permitted during spring turkey season.
2. Only archery hunting is permitted during fall seasons.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Hunters are required to check in and out of the refuge.
3. Hunting ends at noon.
1. Hunters shall possess and use, while in the field, only nontoxic shot.
2. Hunters are required to check in and out of the refuge.
3. Hunting ends at noon.
1. Designated areas of the Great Salt Plains Reservoir are closed.
2. Fishing is permitted from April 1 through October 15.
3. Trotlines are not permitted within 500 feet of the shoreline of the Jet Recreation Area.
4. Posts used to secure or anchor trotlines must reach a minimum of two feet above the water surface and must be marked so that they are clearly visible to boaters.
5. Taking any type of bait from refuge lands or waters is not permitted.
1. The Sequoyah National Wildlife Refuge is open during seasons, dates, and times as posted by signs and/or indicated on refuge leaflets, special regulations, permits, and maps.
2. All hunters shall possess and use, while in the field, only nontoxic shot.
3. Hunters may not build pits or permanent blinds.
4. Neither hunters nor dogs may enter closed areas to retrieve game.
5. Hunters may not hunt or shoot within 50 ft. (15.24 meters) of designated roads or parking areas.
6. Hunters may only hunt with shotguns and bows with arrows (excluding broadhead arrows).
7. Hunters must remove decoys, boats and other personal property from the refuge following each days hunt.
1. The Sequoyah National Wildlife Refuge is open during seasons, dates, and times as posted by signs and/or indicated on refuge leaflets, special regulations, permits, and maps.
2. All hunters shall possess and use, while in the field, only nontoxic shot.
3. Neither hunters nor dogs may enter closed areas to retrieve game.
4. Hunters may not shoot or hunt within 50 ft.(15.24 meters) of designated roads or parking areas.
5. Hunters may only hunt with shotguns and bows with arrows (excluding broadhead arrows).
1. Hunters must pay fees and obtain a refuge permit.
2. All hunters must attend a hunter orientation briefing prior to each hunt.
1. The Sequoyah National Wildlife Refuge is open to fishing as specified on refuge leaflets, special regulations, permits, maps, or as posted on signs.
2. Fishing and frogging are not permitted in the Sandtown Bottom area from one hour after sunset to one hour before sunrise.
3. The use of firearms for taking frogs is not permitted.
4. Fishermen may not take turtles or mussels.
1. The Tishomingo Wildlife Management Unit is open during seasons, dates and times as posted by signs and/or indicated on refuge leaflets, special regulations, permits and maps.
2. Hunters are required to check in and out of the unit at designated areas.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. Dove hunting is permitted from September 1 through September 30th only.
1. Upland game hunting is not permitted during deer archery and dark goose seasons.
2. Only shotguns using nontoxic shot and bows and arrows are permitted.
3. Hunters are required to check in and out of the unit at designated areas.
4. Turkey hunters may only hunt during the statewide spring shotgun season and during the fall archery season.
1. Deer hunting on the Wildlife Management Unit is permitted only during the statewide deer archery season.
2. Refuge bonus deer gun hunts are by special permit only.
3. Hunters are required to check in and out of the unit at designated areas.
1. Anglers may bank and wade fish with pole and line or rod and reel year-round in areas open for public fishing access.
2. Anglers may use boats from March 1 through September 30 in designated refuge waters and Wildlife Management Unit.
3. Anglers may use trotlines and other set tackle only in the Cumberland Pool and between the natural banks of the Washita River. Anglers must attach set tackle, used in Cumberland Pool, only to anchored floats.
4. Anglers may not use limblines, throwlines, juglines, and yo-yo's.
5. Anglers may not use any containers (jugs, bottles) as floats.
6. Anglers must remove fishing tackle at the end of the boating season.
7. Anglers may no-wake boat fish during the boating season with line and pole or rod and reel in: (a) open areas south and west of the Cumberland Pool shallow water buoy line; (b) lakes south and west of the Washita River; and (c) the Wildlife Management Unit.
8. Anglers may night fish from boat (during boating season) in the Cumberland Pool, except not in the no-wake area south and west of the buoy line. Anglers may night fish at the headquarters area, including Sandy Creek Bridge, Murray 23, Nida Point, and the Wildlife Management Unit.
9. Anglers may take bait for personal use while fishing in the refuge in accordance with Oklahoma State law.
10. Anglers may bow fish only in the Wildlife Management Unit.
11. Anglers may not take fish by the use of hands (noodling) in any refuge waters.
12. Anglers may not take frogs, turtles, or mussels.
1. Shotguns only are permitted.
2. Closed during the State gun deer season.
1. Anglers may fish from March 15 through October 14 in the Washita River and Foss Reservoir. Anglers may bank fish year round from the refuge boundary south of Lakeview Recreation to Pitts Creek Recreation Area.
2. Anglers may access fishing areas only from designated parking areas and by boat from Foss Reservoir.
3. Boats and other flotation devices are not permitted on refuge waters from October 15 through March 14.
1. Fish may be taken only with pole and line or rod and reel.
2. Taking any type of bait from refuge lands or waters is not permitted.
3. Taking of frogs and turtles is not permitted.
4. Hand-powered boats are permitted only on Jed Johnson, Rush, Quanah Parker, and French Lakes.
5. Anglers may use electric trolling motors on boats 14′ or less in length only on Jed Johnson, Rush, Quanah Parker and French Lakes.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunting opens concurrent with the State season and closes October 31.
2. No hunting or public entry of any kind is permitted from November 1 to March 31.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset. Decoys and other personal property may not be left on the refuge overnight.
2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays, Thanksgiving Day, Christmas Day and New Year's Day.
3. Waterfowl hunters are required to space themselves a minimum of 200 yards apart.
4. The use of boats is not permitted.
5. Hunters may not possess more than 25 shells while in the field.
6. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset.
2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays, Thanksgiving Day, Christmas Day and New Year's Day.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. Hunters may not possess more than 25 shells while in the field.
1. Use of non-motorized boats and boats with electric motors is permitted from March 1 through September 30.
2. Bank fishing only is permitted from October 1 through the last day of February from the west inlet canal across the face of the dam.
3. Fishing is permitted only with hook and line.
4. The refuge is open from 5 a.m. to 1
1. Only portable blinds and temporary blinds constructed of natural materials are permitted.
2. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunting is not permitted from February 1 through May 31.
2. Pheasant, quail, and partridge hunters shall possess and use, while in the field, only nontoxic shot.
1. The use of air-thrust and inboard water-thrust boats is not permitted.
2. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Bank fishing is permitted in the borrow ditches adjacent to the Silver Lake Highway and along the shoreline of Wocus Bay.
2. The use of boats is not permitted.
1. Only unloaded firearms may be carried on hunter access routes open to motor vehicles or when taken through posted retrieving zones when traveling to and from the hunting areas.
2. Decoys may not be set in retrieving zones.
3. The use of air-thrust and inboard water-thrust boats is not permitted.
4. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Only unloaded firearms may be taken through posted retrieving zones when traveling to and from hunting areas.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Motorized boats are not permitted.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunters may hunt pheasant, quail, partridge, and rabbit from the third Saturday in November to the end of the pheasant season in designated areas of the Blitzen Valley east of Highway 205, and on designated areas open to waterfowl hunting.
2. Hunters may hunt all upland game species during authorized State seasons on the refuge area west of Highway 205 and south of Foster Flat Road.
3. Hunters shall possess and use, while in the field, only nontoxic shot when hunting on designated areas east of Highway 205.
1. Anglers may fish year-round in the Blitzen River, East Canal, and Mud Creek upstream from and including Bridge Creek. Anglers may fish in Krumbo Reservoir during the State season from the fourth Saturday in April to the end of October.
2. Boats are not permitted, except nonmotorized boats and boats with electric motors are permitted on Krumbo Reservoir.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset. Decoys and other personal property may not be left on the refuge overnight.
2. Hunting is permitted only on Tuesdays, Thursdays and Saturdays, Thanksgiving Day, Christmas and New Year's Day.
3. Waterfowl hunters are required to space themselves a minimum of 200 yards apart.
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for the opening weekend of the season when it coincides with the season opening for upland game birds.
6. The use of boats is prohibited.
7. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset.
2. Hunting is permitted only on Tuesdays, Thursdays, Saturdays, Thanksgiving Day, Christmas Day and New Year's Day.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for the opening weekend of the season.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset.
2. Fishing permitted from March 1 through September 30.
3. Fishing is permitted only with hook and line.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset except for the Hunter Check Station parking lot at the McCormack Unit which is open each morning two hours prior to State shooting hours for waterfowl. Decoys, boats and other personal property must be removed from the refuge following each day's hunt.
2. In the McCormack Unit, hunting is permitted only on Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Year's Day.
3. Waterfowl hunting parties in the Boardman Unit are required to space themselves a minimum of 200 yards apart.
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for hunting on the McCormack Unit.
6. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunting of upland game birds is not allowed until noon of each hunt day.
2. In the McCormack Unit, hunting is permitted only on Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Years Day.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. Hunters may not possess more than 25 shells while in the field.
5. Permits are required for hunting on the McCormack Unit.
1. Hunting by permit only.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset.
2. Fishing is permitted on refuge impoundments and ponds from February 1 through September 30. Other refuge waters (Columbia River and its backwaters) are open in accordance with State regulations.
3. Only non-motorized boats and boats with electric motors are permitted on refuge impoundments and ponds.
4. Fishing is permitted only with hook and line.
1. The use of air-thrust and inboard water-thrust boats is not permitted.
2. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Fishing is permitted in Pelican Bay, Recreation Creek, Crystal Creek, Odessa Creek, Pelican Cut and that portion of Upper Klamath Lake located on the east side of the refuge.
2. Motorized boats shall not exceed 10 miles per hour in any stream, creek or canal and on that portion of Pelican Bay west of a line beginning at designated points on the north shore of Pelican Bay one-fourth mile east of Crystal Creek and extending due south to the opposite shore of the lake.
1. Only shotgun and archery hunting are permitted.
2. Hunters must check in and out of the refuge by use of self-service permits.
1. Fishing is permitted on Muddy Creek from the beginning of the State trout season in April through October 31.
2. The use of boats is not permitted.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunting is permitted on the refuge from September 1 through the end of February.
2. Only motorless boats are permitted for waterfowl hunting. Boats and decoys must be removed from the refuge at the end of each day's hunt.
3. No dog training.
1. Permits are required for hunting fox and raccoon.
2. Hunting is not permitted from March 1 through August 31.
3. Upland game hunters must wear on head, chest and back, a minimum of 400 square inches of blaze orange material.
4. Pheasant hunting is not permitted on the Sugar Lake Division.
5. Dog trainers must obtain permits.
1. Hunters may hunt only from September 1 through February 28 except for spring turkey season.
2. Hunters must remove blinds, platforms, scaffolds, and/or tree stands from the refuge daily.
3. All deer hunters must wear on head, chest and back, a minimum of 400 square inches of blaze orange material during antlered, anterless and muzzleloader seasons.
1. Fishing is permitted only during daylight hours.
2. Boats without motors are permitted 3,000 feet (to the buoyline) above the Pool 9 dike from the second Saturday in June through September 15.
3. Ice Fishing is permitted on Pools K and 9 when conditions are safe.
4. Only minnows may be taken as bait from refuge lands and waters and a special use permit is required for taking minnows.
5. A permit is required to take turtles.
6. The taking of frogs is not permitted.
B.
C.
D.
1. Fishing is permitted only during daylight hours in non-state-controlled areas.
2. Boats are not permitted.
3. Bow fishing is not permitted.
4. A permit is required to take turtles.
5. The taking of frogs is not permitted.
1. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet while participating in a refuge hunt.
1. Hunters may not use dogs for pursuit while rabbit hunting.
2. Hunters may only use shotguns for hunting squirrels and rabbits.
3. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet while participating in a refuge hunt.
4. Hunters will possess and use, while in the field, only nontoxic shot.
1. Hunters may only archery hunt.
2. Hunters may not hunt deer with organized deer drives by two or more hunters. A drive hereby is defined as the act of chasing, pursuing, disturbing or otherwise directing deer so as to make the animals more susceptible to harvest.
3. Hunters must not bait deer on refuge lands.
4. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Regulations Leaflet while participating in a refuge hunt.
The following refuge units have been opened for hunting and/or fishing and are listed in alphabetical order with applicable refuge-specific regulations.
D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from the refuge shoreline in accordance with state regulations.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted from March 1 through September 30 only from sunrise to sunset.
2. Only nonmotorized boats and boats with electric motors are permitted.
3. The use of cast nets from Moores Landing Pier is not permitted.
1. Fishing is permitted from March 1 through September 30 with the exception that fishing is permitted year-round in Lake Bee, Lynches River and the Black Creek Bridge Areas on State Road 33, State Road 145, Highway 1 and Wire Road.
2. Fishing is permitted from
3. Only bank fishing is permitted with the exception that nonmotorized boats and boats with electric motors are permitted in Martins Lake, Lake Bee, Lake 16, Lake 17 and May's Lake.
4. Fish baskets, nets, set hooks and trotlines are not permitted.
1. Fishing is permitted year-round.
2. Fishing is only permitted from boats, into the estuarine waters adjacent to the refuge.
1. Fishing is permitted on inland ponds only from sunrise to sunset or as posted.
2. Fishing is permitted in Cantey Bay, Black Bottom, Savannah Branch and refuge ponds and impoundments from March 1 through October 31.
Refer to § 32.29 Georgia for regulations.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishing is permitted with pole and line or rod and reel only.
2. Anglers may fish only from sunrise to sunset.
3. Anglers may not frog or turtle on the refuge.
1. Fishing is permitted on refuge pools and reservoirs from March 15 through October 31 from sunrise to sunset.
2. Bow and arrows, trotlines, limblines, jugs, and slat baskets are not permitted in refuge pools and reservoirs.
3. Taking of frogs is not permitted.
4. The length limit for largemouth bass taken from Elk and South Cross Creeks reservoirs is less than 12 inches and more than 15 inches. Largemouth bass from 12 inches to 15 inches must be immediately released unharmed. Possession of largemouth bass between 12 and 15 inches is prohibited.
1. Hunting is permitted only on Tuesdays, Thursdays, and Saturdays until noon.
2. Only portable blinds and blinds made of native vegetation may be used.
3. Portable blinds and decoys must be removed from the refuge following each day's hunt.
4. Hunters will possess and use, while in the field, only nontoxic shot.
1. Fishing is permitted only from sunrise to sunset.
2. Only nonmotorized boats and boats with electric motors are permitted.
3. Fishing is permitted only with pole and line or rod and reel.
1. Fishing is permitted from March 15 through October 15 only from sunrise to sunset.
2. Only boats with motors of 10 horsepower or less are permitted.
3. Fishing with bow and arrow is not permitted.
1. Only with pole and line or rod and reel.
2. Only from sunrise to sunset.
3. Anglers may not frog or turtle.
4. Anglers may not fish in the sanctuary areas or Sunk Lake Public Use Natural Area from November 15 through March 15 annually.
5. Anglers may only use non-motorized boats and boats with electric motors on Sunk Lake Public Use Natural Area.
Refer to § 32.36 Kentucky for regulations.
1. The Duck River Bottoms and Bussletown Unit are closed to boat fishing from November 1 through March 15.
2. Swamp Creek, Botton Ford and Bennett's Creek embayments are closed to fishing from November 1 through March 15.
3. Boats are restricted to “slow speed/minimum wake” on all refuge impoundments open to fishing.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits and payment of a fee required to hunt on portions of the refuge.
2. Hunters may hunt only on designated days of the week and on designated areas during the general waterfowl hunting season. Hunters may hunt on designated areas during all days of the September teal season. Notice of hunting days and maps depicting areas open to hunting are issued annually in the refuge hunting brochure.
3. Hunting is permitted until noon.
4. Hunters must use and be in possession of Federally-approved non-toxic shot only.
5. Pits and permanent blinds are not permitted.
6. Only shotguns are permitted.
1. Boats and other flotation devices are not permitted on inland waters. Boats may be launched into East Bay at designated ramps.
2. Fishing is permitted only with pole and line, rod and reel or hand-held line.
3. The use of trotlines, setlines, bows and arrows, gigs, or spears is not permitted in inland waters.
1. The entire refuge or any portion thereof may be immediately closed to hunting in the event of the appearance of whooping crane in the hunt area.
2. Hunters are required to report at designated check station(s) upon entering and leaving the refuge.
3. Hunters shall be at least 12 years of age. Hunters between the ages of 12 and 17 (inclusive) must hunt under the supervision of an adult 18 years of age or older.
4. Payment of a hunt fee is required.
5. Archery hunting is permitted in October within the deer season for the county on specified days listed in the refuge hunt brochure.
6. Archery hunt bag limit is three deer, no more than two bucks per hunter and no limit on feral hogs.
7. Permits are required for the firearms hunt.
8. Firearms hunting is permitted in November within the deer season for the county on specified days listed in the refuge hunt brochure.
9. Firearm hunters must wear a total of 400 square-inches of hunter orange including 144 square-inches visible in front and 144 square-inches visible in rear. Some hunter orange must appear on head gear.
10. Firearms hunt bag limit is two deer per hunter and no limit on feral hogs.
1. Fishing access is permitted from April 15 through October 15 from sunrise to sunset. Fishermen must be off the refuge by sunset.
2. Boat launching from refuge lands is not permitted.
3. Access by foot to bays is permitted only at designated entry points.
4. Fisherman must register at the Wildlife Interpretive Center at refuge headquarters.
1. Hunting will take place in November, December, and/or January.
2. Hunters must check in and out of a hunt area.
3. Hunters may use only bows and arrows or shotguns and rifles.
4. Hunters shall be at least 12 years of age. Hunters between the ages of 12 and 17 (inclusive) must hunt under the supervision of an adult 21 years of age or older.
5. Bag limit must be in accordance with annual state regulations.
6. Hunters must visibly wear 400 square inches of hunter orange above the waist. Wearing a hunter orange hat or cap mandatory.
7. Hunters must obtain a refuge permit and pay a hunt fee.
1. Hunting will take place in November, December, and/or January.
2. Hunters must check in and out of a hunt area.
3. Hunters may use only bows and arrows, or shotguns and rifles.
4. Hunters shall be at least 12 years of age. Hunters between the ages of 12 and 17 (inclusive) must hunt under the supervision of an adult 21 years of age or older.
5. Bag limit must be in accordance with annual state regulations.
6. Hunters must visibly wear 400 square inches of hunter orange above the waist. Wearing a hunter orange hat or cap mandatory.
7. Hunters must obtain a refuge permit and pay a hunt fee.
1. Pits and permanent blinds are not permitted.
2. Permits are required to hunt on certain portions of the hunting area.
3. Permits are required to hunt on certain portions of the hunting area.
1. Permits and payment of a fee are required.
2. Hunters may hunt only one day each year.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. Hunting is limited to five days, opening on Saturday in accordance with the opening of the State of Texas hunting season, and the subsequent Monday, Wednesday, Friday and Sunday.
5. Hunting hours will be from 9 a.m. to the close of legal shooting time as listed in the State of Texas pheasant hunting regulations.
6. All hunters must check in and out at refuge headquarters.
7. Only shotguns are permitted.
1. Hunters are required to check in and check out at the hunt area.
2. Only shotguns are permitted.
3. No shot larger than No. 4 may be possessed on the hunting area.
1. Hunters are required to check in and out of the hunt area.
2. Only shotguns permitted.
3. No shot larger than No. 4 shot may be brought onto the area.
4. Shotguns must be plugged to hold no more than 3 shells during the September dove season.
1. Hunters may archery hunt as listed in the refuge hunt information sheet. Hunters must obtain a refuge permit and pay a hunt fee.
2. Firearms hunting utilizing shotguns, 20 gauge or larger, loaded with rifled slug, permitted during a special youth hunt as listed in the refuge hunt information sheet. Permits required.
1. Lake Texoma and connected streams are open to fishing year round.
2. Fishing in ponds and stock tanks is permitted from April 1 through September 30.
3. Trotlines may be strung between anchored floats only. Lines may not be attached to rubber bands, sticks, poles, trees or other fixed objects and are not permitted in refuge ponds or impoundments.
4. Fishing is not permitted from bridges or roadways.
1. Permits and payment of a fee are required.
2. Archery hunting and firearms hunting are permitted in December on specific days listed in the refuge hunt information sheet.
3. Bag limits for white-tailed deer will be determined annually.
4. There is no limit on feral hogs.
5. Firearm hunters must wear a total of 400 sq. in. of hunter orange, including 144 sq. in. visible in front and 144 sq. in. visible in rear. Some hunter orange must appear on head gear.
6. Hunters shall be at least 12 years of age. Hunters between the ages of, and including, 12 and 17 must hunt under supervision of an adult 18 years of age or older.
1. Hunters must obtain a refuge permit and pay a hunt fee to hunt on portions of the refuge.
2. Hunters may hunt only on designated days of the week and on designated areas during the general waterfowl hunting season. Hunters may hunt on designated areas during all days of the September teal season. Notice of hunting days and maps depicting areas open to hunting issued annually in the refuge hunting brochure.
3. Hunting is permitted until noon.
4. Pits and permanent blinds are not permitted.
5. Only shotguns are permitted.
6. Hunters must use and be in possession of Federally-approved non-toxic shot only.
7. Hunters may use airboats in accordance with guidelines issued in the refuge hunting brochure.
1. Pits and permanent blinds are not permitted.
2. Permits and payment of a fee are required to hunt on certain portions of the hunting area.
3. Pits and permanent blinds are not permitted.
1. Hunters may hunt only on designated days of the week and on designated areas during the general waterfowl hunting season and the September teal season. Notice of hunting days and maps depicting areas open to hunting are issued annually in the refuge hunting brochure.
2. Hunting permitted until noon.
3. Pits and permanent blinds are not permitted.
4. Only shotguns are permitted.
5. Hunters must use and be in possession of Federally-approved non-toxic shot only.
6. Hunters may use airboats in accordance with guidelines issued in the refuge hunting brochure.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters may not shoot or hunt within 100 yards (30.48 meters) of principal refuge roads (the tour route).
2. While in the field, hunters shall possess and use only nontoxic shot.
3. Hunters may not use pits or permanent blinds.
4. Airboats are permitted only in Unit 9 and in Block C of the Refuge.
5. Refuge closes two (2) hours after sunset (end of shooting hours), including parking sites. Decoys, boats, vehicles and other personal property may not be left on the refuge overnight.
6. Hunters may only park in designated parking sites.
7. Hunters who take or attempt to take tundra swans must possess a Utah State Swan Permit and may not possess or use more than 10 shells per day while hunting swans.
8. Any person entering, using or occupying the refuge for waterfowl hunting must abide by all the terms and conditions in the Refuge Hunting Brochure.
9. When hunters are in their vehicles, at parking lots, or traveling on Refuge roads, all firearms must be completely unloaded (including the magazine) and cased or dismantled.
10. Beginning November 1st through the end of swan season, the northwest section of
1. While in the field, hunters shall possess and use only nontoxic shot.
2. Pheasants may not be taken with a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.
1. Fishermen may fish year-round in designated areas of the Refuge.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required to hunt in the Patrick Marsh-Charcoal Creek Controlled Hunting Area, the Junior Waterfowl Hunting Area, and the Saxe's Pothole-Creek and Shad Island Pothole Hunting Area.
2. Hunters may not use or possess more than 25 shells per day on the Patrick Marsh-Charcoal Creek Controlled Hunting Area, the Junior Waterfowl Hunting Area, and the Saxe's Pothole-Creek and Shad Island Pothole Hunting Area.
3. Boats are required for access to the permit areas.
4. Hunters within the Patrick Marsh Controlled Hunting Area and the Junior Waterfowl Area must provide and use a minimum of six decoys and hunt within 50 feet of these decoys.
5. Hunters within the Saxe's Pothole-Creek and Shad Island Pothole Hunting Area and the Maquam Swamp Hunting Area must hunt with one retriever per hunting party of up to two hunters per party.
6. No permanent blind construction or blind staking is allowed in the Delta Lakeshore Hunting Area, the Saxe's Pothole-Creek and Shad Island Pothole Hunting Area, and the Maquam Swamp Hunting Area.
1. All hunters must register at Refuge Headquarters prior to hunting on the refuge.
2. Hunters may not use rifles on that portion of the refuge lying east of the
3. Hunting is not permitted from January 1 through August 31.
4. Shotgun hunters will possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Only shotguns may be used on that part of the refuge east of the Missisquoi River during the State regular season.
2. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
3. All hunters must register at Refuge Headquarters prior to hunting on the refuge.
4. Only portable tree stands are allowed. Unattended tree stands are prohibited.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required.
2. Only shotguns 20 gauge or larger, loaded with buckshot and/or rifled slugs, and bow and arrow, are permitted.
3. Dogs are not permitted.
4. Possession of loaded firearms or nocked arrows is not permitted on refuge roads or proclamation waters.
5. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Fishing access from refuge headquarters is permitted only by foot, bicycle, and hand-launched boat.
2. Launching trailered boats in the refuge headquarters area is not permitted.
1. Written permission is required to hunt on the non-guided public hunting areas.
2. On Wildcat Marsh, compartments 1-4 are reserved for guided hunting only, with refuge-designated commercial guides.
3. Permanent blinds are not permitted in public hunting areas.
4. Permanent blinds are permitted in compartments 1-4 on Wildcat Marsh.
5. Hunting parties are limited to a maximum of 4 hunters.
6. Public hunting is permitted only on Thursdays, Fridays, and Saturdays during the State waterfowl and during the entire State rail season.
7. Public hunting is permitted only on Thursday, Friday, and Saturday during the Virginia waterfowl season.
8. Shotgun hunters will possess and use, while in the field, only nontoxic shot.
1. Hunters must possess a refuge permit.
1. Sport fishing, crabbing and clamming are permitted in salt water areas and in that portion of Swan Cove adjacent to Beach Road. All other refuge ponds, impoundments and channels are closed to these activities.
2. Traps and crab pots must be attended.
3. A permit is required to remain on the refuge after normal closing hours.
1. Permits are required.
2. Only shotguns, 20 gauge or larger, loaded with buckshot, and bow and arrow are permitted.
3. Dogs are not permitted.
4. Only portable tree stands may be used and must be removed at the end of each hunt day.
5. Shotgun hunters must wear, in a conspicuous manner, on head, chest, and back, a minimum of 400 square inches of solid-colored orange clothing or material.
1. Permits are required.
2. Only shotguns, 20 gauge or larger, loaded with buckshot and/or rifled slugs, and bows and arrows, are permitted.
3. Dogs are not permitted.
4. Hunters during firearms big game season must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
5. Hunters are required to sign in and out on each hunt day.
6. Hunters may not possess a loaded firearm (ammunition in the chamber, magazine, or clip), or loaded bow on or within 50 feet of
7. Hunters may not shoot onto or across a refuge road, including roads closed to vehicles.
8. Hunters may not possess alcoholic beverages.
1. Boat fishing is permitted in Lake Drummond and in the Feeder Ditch on the east side of the lake during daylight hours only.
2. Bank fishing is not permitted.
3. All fishing lines must be attended.
4. A permit is required for vehicular access to the boat ramp on Interior Ditch Road on the west side of Lake Drummond from April 1 through June 15.
1. Permits are required.
2. Only shotguns, 20 gauge or larger, loaded with buckshot only are permitted.
3. Dogs are not permitted.
4. Only portable tree stands may be used and must be removed at the end of each hunt day.
5. Hunters must wear in a conspicuous manner on head, chest, and back, a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Permits are required.
2. Only shotguns 20 gauge or larger loaded with buckshot are permitted.
3. Dogs are not permitted.
4. Only portable tree stands may be used and must be removed at the end of each hunting day.
5. Shotgun hunters must wear in a conspicuous manner on head, chest, and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
1. Permits are required.
2. One deer of either sex may be taken.
3. Dogs are not permitted.
4. Only shotguns, 20 gauge or larger, loaded with buckshot and/or rifled slugs, and bows and arrows, are permitted.
5. Shotgun hunters must remain on their assigned stand unless tracking or retrieving a wounded deer.
6. Archers must remain on their assigned stand from
7. Hunters must wear in a conspicuous manner on head, chest and back a minimum of 400 square inches of solid-colored hunter orange clothing or material.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. In Marsh Unit 1, hunting is permitted only on Wednesdays, Saturdays and Sundays.
2. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunting of upland game birds is permitted only during State seasons that run concurrently with the State waterfowl season.
2. Only shotguns and bows and arrows are permitted.
3. Upland game bird hunters shall possess and use, while in the field, only nontoxic shot.
1. Nonmotorized boats and boats with electric motors are permitted on Upper and
2. Motorized boats and nonmotorized boats are permitted on all other refuge waters open to fishing.
3. The taking of bullfrogs is prohibited.
1. Hunting is by permit only on the McNary Division.
2. The refuge is open from 5 a.m. to one and one-half hours after sunset. Decoys and other personal property may not be left on the refuge overnight.
3. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
4. Hunters may not possess more than 25 shells while in the field.
5. On the first Saturday in December, only youth aged 10-17 and an accompanying adult aged 18 or over may hunt.
6. The furthest downstream island (Columbia River mile 341-343) in the Hanford Islands Division closed to hunting.
1. Hunting is not allowed until noon of each hunt day.
2. Hunting is permitted only on Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day and New Year's Day.
3. Hunters shall possess and use, while in the field, only nontoxic shot.
4. Hunters may not possess more than 25 shells while in the field.
5. On the first Saturday in December, only youth aged 10-17 and an accompanying adult aged 18 or over may hunt.
6. The furthest downstream island (Columbia River mile 341-343) in the Hanford Islands Division is closed to hunting.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset.
2. Fishing is permitted from February 1 through September 30.
3. The use of boats and other floatation devices is not permitted.
4. Fishing is permitted only with hook and line.
1. Hunting is by permit only.
1. Fishing and frogging are only permitted from March 1 through September 30.
2. Fishing and frogging are only permitted during daylight hours.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset. Decoys and other personal property may not be left on the refuge overnight.
2. Hunters may not possess more than 25 shells while in the field.
3. Hunters in the marked hunt site areas must hunt within fifty (50) feet of designated blind sites except when shooting to retrieve crippled birds.
4. On the first Saturday in December, only youth aged 10-17 and an accompanying adult aged 18 or over may hunt.
5. Snipe hunters will possess and use, while in the field, only nontoxic shot.
6. Hunters may hunt on Wednesdays, Saturdays, Sundays, Thanksgiving day, Christmas day, and New Years day only.
1. Hunters may not hunt upland game birds until noon of each hunt day.
2. Hunters shall possess and use, while in the field, only nontoxic shot.
3. Hunters may not possess more than 25 shells while in the field.
4. On the first Saturday in December, only youth aged 10-17 and an accompanying adult aged 18 or over may hunt.
5. Hunters may hunt on Wednesdays, Saturdays, Sundays, Thanksgiving day, Christmas day, and New Years day only.
1. In the Paterson Slough Unit, hunting is permitted only on Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's Day.
2. Waterfowl hunters must space themselves a minimum of 200 yards apart.
3. The refuge is open from 5 a.m. to one and one-half hours after sunset. Decoys, boats, and other personal property may not be left on the refuge overnight.
4. Hunters may not possess more than 25 shells while in the field.
5. Digging or hunting from pit blinds is prohibited.
6. Snipe hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunting of upland game birds is not allowed until noon of each hunt day.
2. In the Paterson Slough Unit, hunting is permitted only on Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's Day.
3. Hunters may not possess more than 25 shells while in the field.
4. Upland game bird hunters shall possess and use, while in the field, only nontoxic shot.
1. Hunting by permit only.
1. The refuge is open from 5 a.m. to one and one-half hours after sunset.
2. Fishing is permitted on refuge impoundments and ponds from February 1 through September 30. Other refuge waters (Columbia River and its backwaters) are open in accordance with State regulations.
3. Fishing is permitted only with hook and line.
1. Hunters are required to check in and out of the refuge.
2. Hunting in the Riekkola Unit is permitted only on Wednesdays and Saturdays.
3. A recreation user fee is required prior to entrance into the Riekkola Unit hunting area.
4. Hunters may not use or possess more than 10 shells per day on the Riekkola Unit.
1. Permits are required.
2. Only archery hunting is permitted.
1. Permits are required.
2. Only archery hunting is permitted.
3. Hunting is permitted only on the Long Island Unit.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Hunters must sign and be in the possession of a refuge conditional hunting permit at all times while hunting on the refuge.
1. Hunters must sign and be in the possession of a refuge conditional hunting permit at all times while hunting on the refuge.
2. Shotgun hunters may use or possess only nontoxic shot while hunting upland (small) game on the refuge.
1. Hunters must sign and be in the possession of a refuge conditional hunting permit at all times while hunting on the refuge.
1. The use of dogs for pursuit while rabbit hunting is prohibited.
2. The take of squirrel and rabbit is restricted to shotgun only.
3. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Hunting Regulations Leaflet while participating in a refuge hunt.
4. Hunters will possess and use, while in the field, only nontoxic shot (nontoxic shot regulation to be effective starting with the 1996-97 hunting season).
1. Only archery hunting is permitted.
2. Organized deer drives by two or more hunters are prohibited. A drive is hereby defined as the act of chasing, pursuing, disturbing or otherwise directing deer so as to make the animals more susceptible to harvest.
3. Baiting for deer on refuge lands is prohibited.
4. Each hunter must have in his possession a current copy of the Ohio River Islands National Wildlife Refuge Regulations Leaflet while participating in a refuge hunt.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required.
2. The construction or use of permanent blinds, platforms or ladders is not permitted.
1. Permits are required.
2. Only participants in the Young Wild-fowlers and Special Programs are permitted to hunt.
1. Shotgun hunters may use or possess only nontoxic shot while hunting upland game species.
1. Hunting is permitted only during the early archery and State firearms seasons.
2. The construction and use of permanent blinds, platforms or ladders is not permitted.
3. All stands must be removed from the refuge following each day's hunt.
1. Fishing is permitted from April 15 through September 15.
2. Only bank fishing is permitted.
1. Hunters must unload or case guns in the retrieval zone of Refuge Area 7 during the State waterfowl hunting season.
2. During the spring turkey hunting season only, persons with an unexpired State spring turkey permit in possession may enter and hunt wild turkeys in all open refuge areas.
3. Refuge Area 3 is open to hunting after the State deer gun season through the end of the respective State seasons or until February 28, whichever occurs first.
4. Dogs may be used only when hunting upland game birds and waterfowl.
1. The possession of a loaded rifle or shotgun within 50 feet of the centerline of all paved or graveled roads and designated trails, or discharging these weapons from, across, down, or alongside these roads and trails within the refuge are prohibited.
2. The construction or use of permanent blinds, platforms or ladders is not permitted.
3. Portable tree stands must be removed from the tree at the close of shooting hours each day. All blinds, stands, platforms and ladders must be removed from the refuge at the end of the hunting season.
4. Refuge Areas 1, 2, 4, 5, 6 and 7 are open to deer hunting.
5. Refuge Area 3 is open to deer hunting during the state's gun, muzzle loader, and late archery season.
6. Target or practice shooting is not permitted.
1. Fishermen may use non-motorized boats in Sprague-Goose Pools only when these pools are open to fishing. Fishermen may use motorized boats in Suk Cerney Pool.
1. Only hand-powered craft and boats using trolling motors are permitted.
2. Ice fishing shelters must be removed from the refuge following each day's fishing activity.
Refer to 32.32 Illinois for regulations.
The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Permits are required.
2. Hunters may not be let out of vehicles on refuge roads.
3. Shooting from or across refuge roads and parking areas is not permitted.
4. The use of citizen band (CB) radios in the hunt area is not permitted.
The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.
1. Fishermen may take lobsters of 3
2. The use of traps or nets, except throw nets, is prohibited.
3. Fishermen or divers may not take fish by the use of a spear “gun”, either above or below the water. Hand-propelled spears or “Hawaiian Slings” consisting of a single shaft propelled by a rubber tube are permitted for underwater fishing.
4. The public may not, by any means, collect, export or take any form of live or dead coral.
5. It is prohibited to export any fish or invertebrates except for the following: members of the tuna fish family known as
16 U.S.C. 715s, as amended.
44 FR 33073, June 8, 1979, unless otherwise noted.
The purpose of the regulations contained in this part is to prescribe the procedures for making payments in lieu of taxes to counties for areas administered by the Secretary through the U.S. Fish and Wildlife Service in accordance with the Revenue Sharing Act.
(a) The Act of October 17, 1978, Pub. L. 95-469, amended the Act of June 15, 1935, as amended by the Act of August 30, 1964 (78 Stat. 701; 16 U.S.C. 715s), by revising the formula and extending the revenue sharing provisions to all fee and reserve areas that are administered solely or primarily by the Secretary through the U.S. Fish and Wildlife Service. Payments under this Act may be used for any governmental purpose.
(b) Pursuant to title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d), and the regulations issued pursuant thereto, which are contained in 43 CFR part 17, counties must file an assurance with the Department, comply with the terms of the assurances, and comply with regulations contained in 43 CFR part 17 in order to continue to receive this Federal financial assistance.
(a) The term
(b) The term
(c) The term
(d) The term
(e) The term
(f) The term
In order to receive payments under the Act, a county must qualify under the definition in § 34.3(c) of this part and there must be located within the county, areas of land owned in fee title by the United States and administered by the Secretary of the Interior through the Fish and Wildlife Service, including wildlife refuges, waterfowl production areas, wildlife ranges, wildlife management areas, fish hatcheries, research centers or stations, and administrative sites, and these areas must be solely or primarily administered by the Service. In addition to this Act, reserve areas administered solely or primarily by the Service are entitlement lands under section 6(a) of the Act of October 29, 1976 (Pub. L. 94-565, 31 U.S.C. 1601-1607), for which regulations are published in title 43, part 1880, Code of Federal Regulations.
The Act provides that the Secretary, at the end of each fiscal year, shall pay to each county out of the fund:
(a) For reserve areas, an amount equal to 25 per centum of the net receipts, collected by the Secretary in connection with the operation and management of such area, provided that when any such area is situated in more than one county, the distributive share to each from the aforesaid receipts shall be proportional to its acreage of such reserve area.
(b) For fee areas, whichever of the following is greater:
(1) An amount equal to 75¢ per acre for the total acreage of the fee area located within such county.
(2) An amount equal to three-fourths of one per centum of the fair market value, as determined by the Secretary, of that portion of the fee area (excluding any improvements thereto made after the date of Federal acquisition) which is located within such county. For those areas of fee land within the National Wildlife Refuge System as of September 30, 1977, the amount of payment based on fair market value will not be less than the amount paid on the adjusted cost basis as in effect at that time. Actual cost, or appraised value in case of donation, will be used for lands acquired during fiscal year 1978. For those areas of fee lands added to lands administered by the Service after September 30, 1978, by purchase, donation, or otherwise, fair market value shall be determined by appraisal as of the date said areas are administered by the Service.
(3) An amount equal to 25 per centum of the net receipts collected by the Secretary in connection with the operation and management of such fee area during such fiscal year; but if a fee area is located in two or more counties, the amount each such county is entitled to shall be the amount which bears to such 25 per centum, the same ratio as that portion of the fee area acreage which is within such county bears to the total acreage of such fee area.
(c) In accordance with section 5(A) of the act, each county which receives a payment under paragraphs (a) and (b) of this section, with respect to any fee area or reserve area, shall distribute that payment to those units of local government which have incurred the loss or reduction of real property tax revenues because of the existence of such area in accordance with the following guidelines.
The county would receive the total payment, keep 80 percent and pass through 20 percent to the school district. An example using the construction method is:
Here again, the county would receive the total payment, keep 80 percent and pass through 20 percent to the school district.
(d) Each county which receives a payment under these regulations shall maintain a record for a period of three years as to how the payment was distributed to units of local government under paragraph (c) of this section. The record shall be available for inspection by the regional director, should a dispute arise as to the distribution of payments. See § 29.21-2(c) for a listing of the regional directors of the Service.
The Secretary shall make fair market value appraisals of areas administered by the Service within five years after October 17, 1978, beginning with areas established earliest. All areas for which payments were not authorized prior to fiscal year 1979 (i.e.; fish hatcheries, administrative sites, and research stations) shall be included in the areas appraised during the first fiscal year. Once appraised, areas shall be reappraised on a schedule of at least once every five years. Until areas are appraised, the fair market value for the purposes of this regulation shall be the adjusted cost as of September 30, 1978, except that fee lands added to such areas after that date shall be on the basis of fair market value.
Fee areas administered by the Service will be appraised in accordance with standard appraisal procedures in order to estimate the fair market value of each area as a whole. The evaluation will be premised on an appropriate determination of highest and best use in accordance with existing or potential zoning, the present condition of the land and the general economic situation in the vicinity. Standard appraisal techniques will involve a market data comparison of these areas with similar properties which have sold recently in the local market. These techniques may also include consideration of potential income and development of the cost approach for special use properties having limited marketability. An appropriate evaluation of these areas will also take into consideration a discount for size as recognized by the market for large properties where applicable. The appraisals will be accomplished by the regional director, using Service staff appraisers or private appraisers contracted by the Service.
The Act authorizes appropriations to the fund for any fiscal year when the
(a) Computation of payments shall be based on Federal records concerning land, real property improvements, and accounting of net receipts from areas administered solely or primarily by the Service.
(b) Any affected county may protest the results of the computations of its payments to the regional director in charge of the State and county affected. See § 29.21-2(c) for a listing of the regional directors of the Service.
(c) Any protesting county shall submit sufficient evidence to show error in the computation or the data from which the computations are made.
(d) All protests to the regional director shall be filed within 90 days from the date of receipt of the payment.
(e) The regional director shall consult with the affected county to resolve conflicts in the computations and/or data. The regional director shall make a determination as to the correct payment, which determination shall be final and conclusive.
78 Stat. 890; 16 U.S.C. 1131-1136; 43 U.S.C. 1201.
36 FR 25426, Dec. 31, 1971, unless otherwise noted.
As used in the rules and regulations in this subchapter:
(a) Units of the National Wildlife Refuge System have been established by divers legal means and are administered for a variety of wildlife program purposes. The establishment of each wilderness unit is within and supplemental to the purposes for which a specific unit of the National Wildlife Refuge System was established and is administered. Each wilderness shall be administered for such other purposes for which the national wildlife refuge was established and shall be also administered to preserve its wilderness character.
(b) Except as otherwise provided by law, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use and shall be administered in such a manner as will leave them unimpaired for future use and enjoyment as wilderness.
Rules and regulations governing administration of the National Wildlife Refuge System will apply to wilderness units where said rules and regulations do not conflict with provisions of the Wilderness Act or Act of Congress which establishes the wilderness unit.
No appropriation shall be made available for the payment of expenses or salaries for the administration of a wilderness unit as a separate entity nor shall any appropriation be made available for additional personnel solely for the purpose of managing or administering areas because they are included within the National Wilderness Preservation System.
Except as specifically provided and subject to existing private rights, there shall be no commercial enterprise and no permanent road within a wilderness unit, and except as necessary to meet minimum requirements for the administration of the area (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanized transport, and no structure or installation within any such area.
(a) The Director may authorize occupancy and use of a national wildlife refuge by officers, employees, agencies, and agents of Federal, State, and county governments to carry out the purposes of the Wilderness Act and the Act establishing the wilderness and will prescribe conditions under which motorized equipment, mechanical transport, aircraft, motorboats, installations, or structures may be used to meet the minimum requirements for authorized activities to protect and administer the wilderness. The Director may also prescribe the conditions under which such equipment, transport, aircraft, installations, or structures may be used in emergencies involving the health and safety of persons, damage to property, violations of civil and criminal law, or other purposes.
(b) The Director may permit, subject to such restrictions as he deems desirable, the landing of aircraft and the use of motorized equipment at places within a wilderness where such uses were established prior to the date the wilderness was designated by Act of Congress as a unit of the National Wilderness Preservation System.
Public uses of a wilderness unit will be in accordance with the purposes for which the individual national wildlife refuge was established and is administered and laws and regulations governing public uses within the National Wildlife Refuge System.
(a) When public uses are authorized within a wilderness unit, the Refuge Manager may regulate such use. Regulating will include limiting the numbers of persons allowed in the wilderness at a given time, imposing restrictions on time, seasons, kinds and location of public uses, requiring a permit or reservation to visit the area, and similar actions.
(b) All persons entering a wilderness unit will be required to remove such materials as they carry in.
(c) Informational signs for the convenience of visitors will not be permitted in a wilderness unit; however, rustic directional signs for vistor safety may be installed in locations appropriate to a wilderness setting.
(d) Limited public use facilities and improvements may be provided as necessary for the protection of the refuge and wilderness and for public safety. Facilities and improvements will not be provided for the comfort and convenience of wilderness visitors.
(e) Public services and temporary structures generally offered by packers, outfitters, and guides for realizing the recreational or other wilderness purposes of a wilderness may be permitted. Temporary installations and structures which existed for these subsistence purposes under valid special
(f) Hunting and fishing in a refuge wilderness will be in accordance with Federal and State regulations including special regulations for the specific wildlife refuge. Hunting or fishing which requires motorized equipment will not be permitted except as provided in § 35.5(a) and (b).
To the extent necessary, the Director shall prescribe measures to control wildfires, insects, pest plants, and disease to prevent unacceptable loss of wilderness resources and values, loss of life, and damage to property.
Forest management activities in a wilderness unit will be directed toward allowing natural ecological processes to operate freely. Commercial harvesting of timber shall not be permitted except where necessary to control attacks of insects or disease as prescribed in § 35.7.
(a) The grazing of livestock, where established prior to the date of legislation which designates a wilderness unit, may be permitted to continue subject to part 29 of this subchapter and in accordance with special provisions which may be prescribed for individual units. Numbers of permitted livestock will not be more liberal than those utilizing a wilderness prior to establishment and may be more restrictive.
(b) The Director may permit, subject to such conditions as he deems necessary, the maintenance, reconstruction or relocation of only those livestock management improvements and structures which existed within a wilderness unit when it was incorporated into the National Wilderness Preservation System.
Controlled burning will be permitted on wilderness units when such burning will contribute to the maintenance of the wilderness resource and values in the unit; however, any fire in a wilderness area that poses a threat to resources or facilities outside the unit will be controlled and extinguished.
Recognizing the scientific value of wilderness, research data gathering and similar scientific uses will be encouraged providing that wilderness values are not impaired. The person or agency involved in scientific investigation must be willing to accept reasonable limitations on activities and location and size of the area to be used for research purposes. A special use permit authorizing scientific uses shall be required.
Nothing in the regulations in this part constitutes an expressed or implied claim or denial on the part of the Department of the Interior as to exemption from State water laws.
Rights of States or persons and their successors in interest, whose land is surrounded by a wilderness unit, will be recognized to assure adequate access to that land. Adequate access is defined as the combination of modes and routes of travel which will best preserve the wilderness character of the landscape. Mode of travel designated shall be reasonable and consistent with accepted, conventional, contemporary modes of travel in said vicinity. Use will be consistent with reasonable purposes for which such land is held. The Director will issue such permits as are necessary for access, designating the means and route of travel for ingress
(a) Special regulations will be issued by the Director for individual wilderness units within the National Wildlife Refuge System as established by Public Law. These special regulations will supplement the provisions of this part.
(b) Special regulations may contain administrative and public uses as recognized in the:
(1) Legislative Record of the establishing Act.
(2) Committee Reports of the Congress.
(3) Departmental and Executive Reports to the Congress.
(4) Other provisions.
(c) Such special regulations shall be published in subpart B of this part after a wilderness has been established by Public Law and shall become effective upon publication in the
5 U.S.C. 301; 16 U.S.C. 460(k)
46 FR 31827, June 17, 1981, unless otherwise noted.
(a) The regulations contained in this part are prescribed for the proper use and management of all Alaska National Wildlife Refuges and supplement the general National Wildlife Refuge System regulations found in title 50 CFR chapter I, subchapter C. The general National Wildlife Refuge System regulations are automatically applicable in their entirety to the Alaska National Wildlife Refuges except as supplemented or modified by these regulations or amended by ANILCA.
(b) Except as provided in paragraph (c) of this section, the regulations contained in this part are applicable only on federally-owned lands within the boundaries of any Alaska National Wildlife Refuge. For purposes of this part, “federally-owned lands” means land interests held or retained by the United States, but does not include those land interests:
(1) Tentatively approved, legislatively conveyed, or patented to the State of Alaska; or
(2) Interim conveyed or patented to a Native Corporation or person.
(c) The regulations found in 50 CFR, parts 25, 26, 27, and 28, and §§ 32.2(d) and 32.5(c), except as supplemented or modified by this part or amended by ANILCA, along with the regulations found in 50 CFR 36.35(d), also are applicable to administrative and visitor facility sites of the Fish and Wildlife Service in Alaska which we may hold in fee or less than fee title and are either inside or outside the approved boundaries of any Alaska National Wildlife Refuge. Less than fee title lands do not include easements under Section 17(b) of the Alaska Native Claims Settlement Act (85 Stat. 688), but although not limited to, they include sites administered by a national wildlife refuge under the terms of a memorandum of understanding or lease agreement.
The following definitions shall apply to the regulations contained in this part.
(1) Land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act (72 Stat. 339) and lands which have been confirmed to, validly selected by, or granted to the
(2) Land selections of a Native Corporation made under the Alaska Native Claims Settlement Act (85 Stat. 688) which have not been conveyed to a Native Corporation, unless any such selection is determined to be invalid or is relinquished; and
(3) Lands referred to in section 19(b) of the Alaska Native Claims Settlement Act.
(1)
(2)
(i) For other fish or game of their parts; or
(ii) For other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature; and
(3)
The information collection requirements contained in this part have been approved by the Office of Management and Budget under 44 U.S.C.
(a) Consistent with the management of fish and wildlife in accordance with recognized scientific principles and the
(b) Consistent with sound management principles and the conservation of healthy populations of fish and wildlife, the utilization of Alaska National Wildlife Refuges is to cause the least adverse impact possible on local rural residents who depend upon subsistence uses of the resources of the public lands in Alaska.
(c) Nonwasteful subsistence uses of fish, wildlife and other renewable resources by local rural residents shall be the priority consumptive uses of such resources over any other consumptive uses permitted within Alaska National Wildlife Refuge areas.
(d) The State of Alaska is authorized to regulate the taking of fish and wildlife for subsistence uses within Alaska National Wildlife Refuges to the extent such regulation is consistent with applicable Federal Law, including but not limited to ANILCA.
(e) Nothing in this subpart shall be construed as permitting the level of subsistence uses of fish and wildlife within Alaska National Wildlife Refuges to be inconsistent with the conservation of healthy populations of fish and wildlife.
(a) Notwithstanding any other provision of subchapter C of title 50 CFR the use of snowmobiles, motorboats, dog teams and other means of surface transportation traditionally employed by local rural residents engaged in subsistence uses is permitted within Alaska National Wildlife Refuges except at those times and in those areas restricted or closed by the Refuge Manager.
(b) The Refuge Manager may restrict or close a route or area to the use of snowmobiles, motorboats, dog teams or other means of surface transportation traditionally employed by local rural residents engaged in subsistence uses if the Refuge Manager determines that such use is causing or is likely to cause an adverse impact on public health and safety, resource protection, protection of historic or scientific values, subsistence uses, conservation of endangered or threatened species, or other purposes and values for which the refuge was established.
(c) No restrictions or closures shall be imposed without notice and a public hearing in the affected vicinity and other locations as appropriate. In the case of emergency situations, restrictions or closures shall not exceed sixty (60) days and shall not be extended unless the Refuge Manager establishes, after notice and public hearing in the affected vicinity and other locations as appropriate, that such extension is justified according to the factors set forth in paragraph (b) of this section. Notice of the proposed or emergency restrictions or closures and the reasons therefor shall be published in at least one newspaper of general circulation within the State and in at least one local newspaper if available, and information about such proposed or emergency actions shall also be made available for broadcast on local radio stations in a manner reasonably calculated to inform local rural residents in the affected vicinity. All restrictions and closures shall be designated on a map which shall be available for public inspection at the office of the Refuge Manager of the affected refuge and the post office or postal authority of every affected community within or near the refuge area, or by the posting of signs in the vicinity of the restrictions or closures, or both.
(d) Snowmobiles, motorboats, dog teams and other means of surface transportation traditionally employed by local rural residents engaged in subsistence uses shall be operated (1) in compliance with applicable State and Federal law, (2) in such a manner as to prevent waste or damage to the refuge, and (3) in such a manner as to prevent the herding, harassment, hazing or driving of wildlife for hunting or other purposes.
(e) At all times when not engaged in subsistence uses, local rural residents may use snowmobiles, motorboats, dog
Fish may be taken by local rural residents for subsistence uses in compliance with applicable State and Federal law. To the extent consistent with the provisions of this part and other Federal law, applicable State laws and regulations governing the taking of fish which are now or will hereafter be in effect are hereby incorporated by reference as a part of these regulations.
Local rural residents may hunt and trap wildlife for subsistence uses in Alaska National Wildlife Refuges in compliance with applicable State and Federal laws. To the extent consistent with the provisions of this part and other Federal law, applicable State laws and regulations governing the taking of wildlife which are now or will hereafter be in effect are hereby incorporated by reference as a part of these regulations.
(a) Notwithstanding any other provision of this part, the noncommercial cutting of live standing timber by local rural residents for appropriate subsistence uses, such as firewood or house logs, may be permitted in Alaska National Wildlife Refuges as follows:
(1) For live standing timber greater than six inches diameter at breast height (4
(2) For live standing timber between three and six inches diameter at breast height, cutting is allowed on the Arctic National Wildlife Refuge south of latitude 68 degrees North and on the Innoko, Kanuti, Koyukuk, Nowitna, Selawik, Tetlin, and Yukon Flats National Wildlife Refuges unless restricted by the Refuge Manager, except that no more than 20 trees may be cut annually by an individual without a special use permit, no cutting may be done within 50 feet of a stream, lake, or river and no more than one tree in five (20%) may be cut in any specific stand; on the remainder of the Arctic National Wildlife Refuge and on all other Alaska National Wildlife Refuges, the Refuge Manager may allow cutting in accordance with the specifications of a special use permit if such cutting is determined to be compatible with the purposes for which the refuge was established;
(3) For live standing timber less than three inches diameter at breast height, cutting is allowed unless restricted by the Refuge Manager.
(b) The noncommercial gathering by local rural residents of fruits, berries, mushrooms, and other plant materials for subsistence uses, and the noncommercial gathering of dead or downed timber for firewood, shall be allowed without a permit.
(c)(1) Notwithstanding any other provision of this part, the Refuge Manager, after notice and public hearing in the affected vicinity and other locations as appropriate, may temporarily close all or any portion of an Alaska National Wildlife Refuge to subsistence uses of a particular plant population only if necessary for reasons of public safety, administration, or to assure the continued viability of such population. For purposes of this section, the term “temporary” shall mean only as long as reasonably necessary to achieve the purpose of the closure.
(2) If the Refuge Manager determines that an emergency situation exists and that extraordinary measures must be taken for public safety or to assure the continued viability of a particular plant population, the Refuge Manager may immediately close all or any portion of an Alaska National Wildlife Refuge to the subsistence uses of such population. Such emergency closure shall be effective when made, shall be for a period not to exceed sixty (60) days, and may not subsequently be extended unless the Refuge Manager establishes, after notice and public hearing in the affected vicinity and other locations as appropriate, that such closure should be extended.
(3) Notice of administrative actions taken pursuant to this section, and the reasons justifying such actions, shall be published in at least one newspaper of general circulation within the State and in at least one local newspaper if available, and information about such actions and reasons therefor also shall be made available for broadcast on local radio stations in a manner reasonably calculated to inform local rural residents in the affected vicinity. All closures shall be designated on a map which shall be available for public inspection at the office of the Refuge Manager of the affected refuge and the post office or postal authority of every affected community within or near the refuge, or by the posting of signs in the vicinity of the restrictions, or both.
(a) Notwithstanding any other provision of this part, the Refuge Manager, after consultation with the State and adequate notice and public hearing in the affected vicinity and other locations as appropriate, may temporarily close all or any portion of an Alaska National Wildlife Refuge to subsistence uses of a particular fish or wildlife population only if necessary for reasons of public safety, administration, or to assure the continued viability of such population. For the purposes of this section, the term “temporarily” shall means only so long as reasonably necessary to achieve the purpose of the closure.
(b) If the Refuge Manager determines that an emergency situation exists and that extraordinary measures must be taken for public safety or to assure the continued viability of a particular fish or wildlife population, he may immediately close all or any portion of a refuge to the subsistence uses of such population. Such emergency closure shall be effective when made, shall not exceed sixty (60) days, and may not subsequently be extended unless the Refuge Manager establishes, after notice and public hearing in the affected vicinity and other locations as appropriate, that such closure should be extended.
(c) Notice of administrative actions taken pursuant to this section and the reasons justifying such actions shall be published in at least one newspaper of general circulation within the State and in at least one local newspaper if available, and information about such actions and justifying reasons shall be made available for broadcast on local radio stations in a manner reasonably calculated to inform local rural residents in the affected vicinity. All closures shall be designated on a map which shall be available for public inspection at the office of the Refuge Manager of the affected refuge area and the post office or postal authority of every affected community within or near the refuge area, or by the posting of signs in the vicinity of the closures, or both.
(a) Public recreational activities within the Alaska National Wildlife Refuges are authorized as long as such activities are conducted in a manner compatible with the purposes for which the areas were established. Such recreational activities include, but are not limited to, sightseeing, nature observation and photography, sport hunting, sport fishing, boating, camping, hiking, picnicking and other related activities. Any existing special regulations now in force and effect shall continue to apply to the applicable refuge lands in Alaska National Wildlife Refuges.
(b) Surface collection, by hand (including handheld gold pans) and for personal recreational use only, of rocks and minerals is authorized:
(a) The taking of fish and wildlife for sport hunting, trapping and sport fishing is authorized in accordance with applicable State and Federal law and such laws are hereby adopted and made a part of these regulations;
(b) The exercise of valid commercial fishing rights or privileges obtained pursuant to existing law, including any use of refuge areas for campsites, cabins, motorized vehicles and aircraft landing directly incident to the exercise of such rights or privileges, is authorized;
(c) The following provisions shall apply to any person while engaged in the taking of fish and wildlife within an Alaska National Wildlife Refuge:
(1)
(ii) Each person shall comply with the applicable provisions of Federal law;
(iii) In addition to the requirements of paragraphs (a) and (b) of this section, each person shall continue to secure a trapping permit from the appropriate Refuge Manager prior to trapping on the Kenai, Izembek and Kodiak Refuges and the Aleutian Islands Unit of the Alaska Maritime Refuge.
(iv) It shall be unlawful for a person having been airborne to use a firearm or any other weapon to take or assist in taking a wolf or wolverine until after 3:00 a.m. on the day following the day in which the flying occurred, except that a trapper may use a firearm or any other weapon to dispatch a legally caught wolf or wolverine in a trap or snare on the same day in which the flying occurred. This prohibition does not apply to flights on regularly scheduled commercial airlines between regularly maintained public airports.
(2)
(ii) Each person shall comply with the applicable provisions of Federal law.
(d) Nothing in this section shall apply to the taking of fish and wildlife for subsistence uses.
(e) Nothing in these rules shall be interpreted as waiving the requirements of other fish and wildlife conservation statutes such as the Airborne Hunting Act or those provisions of subchapter C of title 50 CFR regarding the taking of depredating wildlife. Animal control programs shall only be conducted in accordance with a special use permit issued by the Refuge Manager.
(a)
(b)
(1) A special use permit is required to construct, use and/or occupy a cabin on Fish and Wildlife Service lands within the refuge. The permit may also authorize the use of related structures and other necessary appurtenances.
(2) After adequate public notice has been given, unclaimed cabins become the property of the Federal Government. Adequate public notice shall include: Posting notices of trespass on unclaimed cabins; publication of notices of trespass in Anchorage and Fairbanks newspapers and in at least one local newspaper if available; and posting notices of trespass at appropriate community post offices. A Government-owned cabin may be used for refuge administration, used for emergency purposes by the public, permitted to another applicant, designated a public use cabin, or destroyed. Disposal of excess cabins and structures will be according to regulations pursuant to title 41, chapter 114 of the Code of Federal Regulations.
(3) Willful noncompliance with the conditions and stipulations of a special use permit shall be considered grounds to invoke the administrative process leading to notice and hearing, and possible revocation of the permit. The refuge manager will attempt to resolve problems of noncompliance with the permittee as soon as possible after the situation becomes known. If this effort fails, the refuge manager shall provide written notice to the permittee within 30 days of that date, informing the permittee of noncompliance, giving specific instructions for compliance and providing appropriate time for the permittee to comply.
(4) No special use permit will be issued for the construction of a cabin for private recreational use or for the private recreational use of an existing cabin.
(5) Guests are allowed to occupy a cabin only during the activity period identified on the special use permit. Guests occupying a cabin during the absence of the permittee shall obtain a letter of authorization from the permittee. The guest must have a copy of the letter in his/her possession. In commercial cabins, the permittee or another person listed on the permit must be present when the cabin is occupied by guests or clients.
(6) A person whose permit application (new or renewal) for a cabin has been denied or whose cabin permit has been revoked by the refuge manager may appeal to the Regional Director as described in § 36.41(b).
(c)
(1) Where a valid cabin permit or lease was in effect on December 2, 1980, or at the time the land was subsequently added to the refuge, the refuge manager shall provide for the continuation of the permit or lease under the same conditions. The new permit shall be nontransferable and renewable every five years unless the continuation would directly threaten or significantly impair the purposes for which the refuge was established. The cabin and related structures are the personal property of the claimant and can be removed by him/her upon non-renewal or revocation. The owner of a cabin may sell his/her interest in the cabin to another person; however, the new owner does not automatically qualify for a permit and must apply for a new one.
(2) To obtain a special use permit for a cabin that was not under permit or lease before December 2, 1980, or at the time the land was subsequently added to the refuge, a claimant should submit to the refuge manager an application that includes the following:
(i) Reasonable proof of possessory interest or right to occupy the cabin as shown by affidavit, bill of sale, or other document.
(ii) Date of construction or acquisition.
(iii) A sketch or photograph that accurately depicts the cabin and related structures.
(iv) The dimensions of the cabin and related structures.
(v) A U.S. Geological Survey topographic map that shows the geographic location of the cabin and related structures.
(vi) The claimant's agreement to vacate and remove all personal property from the cabin and related structures within one year from receipt of a non-renewal or revocation notice.
(vii) The claimant's acknowledgment that he/she has no legal interest in the real property on which the cabin and related structures are located.
(viii) A list of family members residing with the claimant in the cabin being applied for. It need only include those immediate family members who may be eligible to renew a permit for continued use and occupancy upon the original claimant's death (this is not applicable to cabins used for commercial purposes).
(3) Applications for permits for existing cabins, which are not currently under valid permits, will only be accepted for a period of one year following the effective date of these regulations. However, cabins that were legally located on lands that subsequently become refuge will also be considered “existing” cabins. The owners will have two years following the date the lands become refuge to apply for a permit. Following those dates, all applications for cabins will be for “new” cabins only, no matter when the cabin was built or first used. If ownership is not established within three years after the land becomes refuge, the cabin may be considered abandoned, and it will become Federal property in accordance with Federal regulations.
(4) The occupancy of a noncommercial cabin is limited to the permittee and his/her family, bona fide partners, and guests.
(5) Major modification or rehabilitation of an existing cabin must be approved by the refuge manager before construction begins. The modifications will be done by the permittee or designated agent and will remain the property of the permittee. Major additions (e.g., larger than the original cabin) may fall under the ownership provisions for new cabins. Although cabins destroyed by accidents, vandalism or natural causes may be reconstructed, they must be approved by the refuge manager before construction and must meet the construction guidelines for new cabins, even though remaining the property of the claimant.
(d)
(1) A nontransferable, five year special use permit shall only be issued upon a determination that the proposed construction, use and maintenance of the cabin is compatible with refuge purposes and that the cabin use
(2) To obtain a special use permit for a new cabin, an applicant should submit to the refuge manager an application that includes the following:
(i) A sketch that accurately depicts the proposed cabin and related structures.
(ii) The dimensions of the proposed cabin and related structures.
(iii) A U.S. Geological Survey topographic map that shows the geographic location of the proposed cabin and related structures.
(iv) The applicant's agreement to vacate and remove all personal property from the cabin and related structures within one year from receipt of a non-renewal or revocation notice.
(v) The applicant's acknowledgment that he/she has no legal interest in the cabin and related structures or in the real property on which the cabin and related structures are located.
(vi) A list of family members residing with the applicant in the cabin being applied for. It need only include those immediate family members who may be eligible to renew a permit for continued use and occupancy upon the original claimant's death.
(3) The permitting instrument shall be a nontransferable renewable five year special use permit. It shall be renewed every five years (upon request) until the death of the original claimant's last immediate family member unless the special use permit has been revoked or the cabin has been abandoned.
(4) No new cabins will be constructed in designated wilderness areas unless they are built specifically for the administration of the area, for public safety, or for trapping where trapping has been a traditional and customary use.
(5) New trapping cabins in wilderness will be available for public use to ensure public health and safety.
(6) The occupancy of a noncommercial cabin is limited to the permittee, and his/her family, bona fide partners, and guests.
(e)
(1) A special use permit is required for all cabins used for commercial purposes. Refuge managers may also issue special use permits that authorize additional commercial use of an existing cabin used for guiding, etc. The use of a new cabin shall be limited to the type of use specified in the original permit. The refuge manager may permit the use of an existing cabin on non-wilderness refuge lands for the exercise of valid commercial fishing rights. Such a permit may be denied if, after conducting a public hearing in the affected locality, it is found that the use is inconsistent with refuge purposes and is a significant expansion of commercial fishing activities within the unit beyond 1979 levels.
(2) When the commercial fishing or guiding rights associated with a permittee's existing cabin are acquired by a new party, the privilege of using the cabin cannot be sold and the new party does not necessarily qualify for a cabin permit. He/she must apply for a permit and meet the criteria described in this paragraph (e) before issuance of a special use permit by the refuge manager. He/she may not occupy the cabin before issuance of a permit.
(3) No new commercial cabins will be permitted in wilderness areas.
(4) Commercial cabins may be occupied only by persons legitimately involved in the commercial enterprise, assistants, employees, their families, guests and clients and only during the time that the authorized activity is occurring. The names of those individuals, excluding guests and clients, will be listed on the permit. The permittee or another individual listed on the permit must be present when the cabin is occupied.
(5) Special use permits for commercial cabins may be renewed annually in conjunction with the special use permit renewal for the commercial activity itself. The cabin permit may be issued for periods of up to five years and is a separate permit from one issued for the commercial activity.
(f)
(1) The refuge manager can designate those cabins not under permit as administrative cabins to be used for official government business. Administrative cabins may be used by the public during life-threatening emergencies. On a case-by-case basis, they may also be designated as public use cabins when not needed for government purposes. In such cases, the refuge manager must inform the public and post dates or seasons when the cabins are available.
(2) The refuge manager may designate government-owned cabins as public use cabins. They are only intended for short-term public recreational use and occupancy. The refuge manager may develop an allocation system for managing public use cabins for short-term recreational use. No existing public use cabins shall be removed or new public use cabins constructed within wilderness areas designated by the Alaska National Interest Lands Conservation Act of 1980 or subsequently designated wilderness areas until the Secretary of the Interior notifies the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources.
The possession, use and transporting of firearms is authorized for hunting and personal protection in accordance with State and Federal laws unless prohibited or otherwise restricted by the Refuge Manager in accordance with the provisions of § 36.42.
(a) Leaving any snowmachine, vessel, off-road vehicle or other personal property unattended for longer than 12 months without the prior permission of the Refuge Manager is prohibited, and any property so left may be impounded by the Refuge Manager.
(b) The Refuge Manager may (1) designate areas where personal property may not be left unattended for any time period, (2) establish limits on the amount and type of personal property that may be left unattended, (3) prescribed the manner in which personal property may be left unattended or (4) establish limits on the length of time personal property may be left unattended.
(c) Such designations and restrictions arising under paragraph (b) of this section shall be (1) published in at least one newspaper of general circulation within the State, posted at community post offices within the affected vicinity, made available for broadcast on local radio stations in a manner reasonably calculated to inform residents in the affected community, and designated in a map which shall be available for public inspection at the office of the Refuge Manager, or (2) designated by the posting of appropriate signs or (3) both.
(d) In the event unattended property interferes with the safe and orderly management of a refuge area or causes damage to refuge resources, it may be impounded by the Refuge Manager at any time.
The general trespass provisions of 50 CFR 26.21 shall not apply to household pets and sled, work, or pack dogs under the direct control of their owners or handlers, but such activities may be
(a)
(2) The rights granted by this section to historical operators, preferred operators, and Cook Inlet Region, Incorporated, are not exclusive. The Refuge Manager may authorize other persons to provide visitor services on refuge lands. Nothing in this section shall require the Refuge Manager to issue a visitor services permit if not otherwise mandated by statute to do so. Nothing in this section shall authorize the Refuge Manager to issue a visitor services permit to a person who is not capable of carrying out its terms and conditions in a satisfactory manner.
(3) This section does not apply to the guiding of sport hunting or sport fishing.
(b)
(1)
(2)
(3)
(4)
(5)
(i) On or before January 1, 1979, was lawfully engaged in adequately providing any type of visitor service in a refuge within the scope of paragraph (c) of this section;
(ii) Has continued to lawfully provide that visitor service; and
(iii) Is otherwise determined by the Refuge Manager to have a right to continue to provide such services or similar services pursuant to paragraph (c) of this section.
(6)
(7)
(i) For
(ii) For
(8)
(9)
(10) A
(11)
(12)
(13)
(c)
(2) A historical operator may also apply to the Refuge Manager for a permit or amended permit to provide similar types of visitor services. Granting the request will not result in an increase in the scope or level of service in excess of those provided as of January 1, 1979, by the requesting historical operator. The Refuge Manager shall grant the request if such visitor services are determined by the Refuge Manager to be:
(i) Consistent with the management of refuge resources and the purposes for which the refuge area was established;
(ii) Similar to the visitor services provided by the historical operator prior to January 1, 1979; and
(iii) Consistent with the legal rights of any other person.
(3) When a historical operator permit has expired, and if the visitor services permitted by it were adequately provided and consistent with the purposes of the refuge as determined by the Refuge Manager, the Refuge Manager shall renew the permit for a fixed term consistent with such new terms and conditions as are in the public interest. Should a historical operator decline to accept an offer of renewal, its rights as a historical operator shall be considered as terminated.
(4) If the Refuge Manager determines that permitted visitor services must be curtailed or reduced in scope or season to protect refuge resources, or for other purposes, the Refuge Manager shall require the historical operator to make such changes in visitor services. If more than one historical operator
(5) The rights of a historical operator shall terminate if the historical operator fails to provide the visitor services under the terms and conditions of a permit issued by the Refuge Manager or fails to provide the visitor services for a period of more than twenty four (24) consecutive months.
(6) The rights of a historical operator under this section shall terminate upon a change, after January 1, 1979, in the controlling interest of the historical operator through sale, assignment, devise, transfer or otherwise.
(7) The Refuge Manager may authorize other persons to provide visitor services in a refuge in addition to historical operators, as long as such other persons conduct the services in a manner compatible with the purposes of the refuge.
(d)
(2) In selecting persons to provide any type of visitor service for refuges subject to a preferred operator preference under this section, the Refuge Manager will publicly solicit competitive offers for persons to apply for a permit, or the renewal of a permit, to provide such visitor service pursuant to Service procedures. Preferred operators must submit a responsive offer to such solicitation in order to effect their preference. If, as a result of the solicitation, an offer from a person other than a preferred operator is determined to be the best offer and that offeror is determined to be capable of carrying out the terms of the permit, the preferred operator which submitted the most responsive offer shall be given an opportunity to substantially equal the best offer received by amending its offer. If the amended offer of the preferred operator is considered by the Refuge Manager as being substantially equal to the terms of the best offer, the preferred operator, if determined to be capable of carrying out the terms of the permit, shall be awarded the visitor service permit. If the preferred operator fails to meet these requirements, the Refuge Manager shall award the permit to the person who submitted the best offer in response to the solicitation. The Native Corporation(s) determined to be “most directly affected” under this section and local residents have equal preference.
(3) Nothing in this section shall prohibit the Refuge Manager from authorizing persons other than preferred operators to provide visitor services in refuge areas so long as the procedures described in this section have been followed with respect to preferred operators. Preferred operators are not entitled by this section to provide all visitor services in a qualified refuge.
(4) An offer from a Native Corporation or a local corporation under this section must document its controlling interest in the entity or in the case of a joint venture, all partners, making the offer.
(5) The preferences described in this section may not be sold, assigned, transferred, or devised, directly or indirectly.
(e)
(2) In order to exercise this right of first refusal, CIRI must submit an offer responsive to the terms of a visitor services solicitation. If CIRI makes such an offer and is determined by the Refuge Manager to be capable of carrying out the terms of the special use permit, it shall be awarded the permit. If it does not, the permit may be awarded to another person pursuant to a showing that such other person can carry out the conditions of the special use permit in a manner compatible with the purposes of the refuge. An offer being made by CIRI under this section must document controlling interest by CIRI when made in cooperation with village corporations within the Cook Inlet Region. The CIRI right of first refusal shall have precedence over the rights of preferred operators.
(3) The right of first refusal described in this section may not be sold, transferred, devised, or assigned, directly or indirectly.
(f)
(i) The name, address, and telephone number of the Native Corporation, the date of incorporation, its articles of incorporation and structure, and the name of the applicable refuge area;
(ii) The location of the corporation's population center or centers;
(iii) An assessment of the socioeconomic impacts, including historical and traditional use, and their effects on the Native Corporation as a result of the expansion or establishment of the refuge; and
(iv) Any other information the Native Corporation believes is relevant.
(2) Upon receipt of all applications from interested Native Corporations, the Refuge Manager will determine the “most directly affected” Native Corporation based on, but not limited to, the following criteria:
(i) The number of acres of surface land within and adjoining the refuge that the Native Corporation owns, or which has been selected under the Alaska Native Claims Settlement Act, unless such selection is determined to be invalid or is relinquished;
(ii) The distance and accessibility from the Native Corporation's population center and/or business address to the applicable refuge; and
(iii) The socio-economic impacts, including historic and traditional use, and their effects as a result of the expansion or establishment of the refuge.
(3) In the event that more than one Native Corporation is determined to be equally affected, each such Native Corporation shall be considered as a preferred operator under this section.
(4) The Refuge Manager's “most directly affected” Native Corporation determination or when requested, the Regional Director's appeal decision for a refuge is applicable for all new visitor services in that refuge.
(5) Any Native Corporation that has not applied for a most directly affected Native Corporation determination may apply for a determination upon issuance of a future solicitation for a new visitor service. A corporation determined to be most directly affected for a refuge will maintain that status for all future visitor service solicitations.
(g)
(a)
(b)
(c)
(2) Off-road vehicles are permitted on the refuge complex under § 36.12(a),§ 36.39(c)(2)(ii) or § 36.39(c)(2)(iii) and must meet the following conditions:
(i) Vehicles are limited to three or four-wheeled vehicles with a maximum gross weight of 650 pounds as listed by the manufacturer.
(ii) ORV's are permitted on the following trails only: Yantarni Bay Airstrip; Yantarni Bay Airstrip to beach trail; and Yantarni Bay Airstrip to oil well site trail. Maps of the above areas are available from the Refuge Manager.
(iii) Subject to the weight and size restrictions listed in (i) above, subsistence use of off-road vehicles, as authorized by 50 CFR 36.12(a) is allowed throughout the Alaska Peninsula/Becharof National Wildlife Refuge Complex.
(3) Camping is permitted on the Refuge Complex subject to the following restrictions:
(i) These camping limits do not apply to subsistence users except at Big Creek where they apply to all refuge complex users.
(ii) No permanent improvements may be made to campsites without a special use permit. All materials brought on to the refuge complex must be removed upon cessation of camping unless authorized by a special use permit.
(iii) Other than reserved sites authorized by special use permits, camping at one location is limited to seven consecutive nights from August 1 through November 15 within
(iv) Tent camps must be moved a minimum of one mile following each seven-night camping stay during the periods specified above.
(4) Temporary facilities may be authorized on the Alaska Peninsula/Becharof National Wildlife Refuge Complex by special use permit only, subject to the following conditions:
(i) Except for administrative or subsistence purposes, new temporary facilities are prohibited within
(ii) Except for administrative purposes, new temporary facilities are prohibited in the following areas: within
(d)-(h) [Reserved]
(i)
(A) Within the Canoe Lakes, Andy Simons, and Mystery Creek units of the Kenai Wilderness, only the following
Bedlam Lake
Bird Lake
Cook Lake
Grouse Lake
King Lake
Mull Lake
Nekutak Lake
Norak Lake
Sandpiper Lake
Scenic Lake
Shoepac Lake
Snowshoe Lake
Taiga Lake
Tangerra Lake
Vogel Lake
Wilderness Lake
Pepper, Gene, and Swanson Lakes are only open for sport ice fishing.
Emerald Lake
Green Lake
Harvey Lake
High Lake
Iceberg Lake
Kolomin Lakes
Lower Russian Lake
Martin Lake
Pothole Lake
Twin Lakes
Upper Russian Lake
Windy Lake
Dinglestadt Glacier terminus lake
Wusnesenski Glacier terminus lake
Tustumena Lake and all wilderness lakes within one mile of the shoreline of Tustumena Lake.
All unnamed lakes in sections 1 & 2, T. 1 S., R. 10 W., and sections 4, 5, 8, & 9, T. 1 S., R. 9 W., S.M., AK.
An unnamed lake in section 11, T. 6 N., R. 5 W., S.M., AK.
(B) Airplanes may operate on all lakes outside the Kenai Wilderness, except those lakes with recreational developments, including, but not limited to, campgrounds, campsites, and public hiking trails connected to road waysides. The non-wilderness lakes closed to aircraft operations are as follows:
Afonasi Lake
Anertz Lake
Breeze Lake
Cashka Lake
Dabbler Lake
Dolly Varden Lake
Forest Lake
Imeri Lake
Lili Lake
Mosquito Lake
Rainbow Lake
Silver Lake
Upper Jean Lake
Watson Lake
Weed Lake
West Lake
All lakes in the Skilak Loop Area (South of Sterling Highway and North of Skilak Lake) are closed to aircraft except that airplanes may land on Bottenintnin Lake, which is open year-around and Hidden Lake, which is only open for sport ice fishing.
Headquarters Lake is restricted to administrative use only.
(ii) Notwithstanding any other provision of these regulations, the operation of aircraft is prohibited between May 1 and September 30, inclusive, on any lake where nesting trumpeter swans and/or their broods are present, except Windy and Lonesome Lakes where the closure is between May 1 and September 10 inclusive.
(iii) The operation of wheeled aircraft, at the pilot's own risk, is only authorized on the unmaintained Big Indian Creek Airstrip, on gravel areas within
(iv) Unlicensed aircraft are permitted to operate on the refuge only as authorized by a special use permit from the Refuge Manager.
(v) Airplanes may operate only within designated areas on the Chickaloon Flats, as depicted on a map available from the Refuge Manager.
(vi) Airplane operation is permitted on the Kasilof River, the Chickaloon River outlet, and the Kenai River below Skilak Lake from June 15 through March 14. All other rivers on the refuge are closed to aircraft.
(2)
(i) Motorboats are not authorized on lakes within the Canoe Lakes Unit of the Kenai Wilderness, except those lakes designated for airplane operations as described on a map available from the Refuge Manager. Boat motor
(ii) That section of the Kenai River from the outlet of Skilak Lake downstream for three miles is closed to motorboat use between March 15 and June 14, inclusive. However, any boat having a motor attached may drift or row through this section provided the motor is not operating.
(iii) That section of the Kenai River from the powerline crossing located approximately one mile below the confluence of the Russian and Kenai Rivers downstream to Skilak Lake is closed to motorboats. However, any boat having a motor attached may drift or row through this section provided the motor is not operating.
(iv) Motors in excess of 10 horsepower are not authorized on the Moose, Swanson, Funny, Chickaloon (upstream of river mile 7.5), Killey, and Fox Rivers.
(v) A “no-wake” restriction applies to Engineer, Upper and Lower Ohmer, Bottenintnin, Upper and Lower Jean, Kelly, Petersen, Watson, Imeri, Afonasi, Dolly Varden, and Rainbow Lakes.
(vi) Notwithstanding any other provision of these regulations, operation of a motorboat is prohibited between May 1 and September 30, inclusive, on any lake where nesting trumpeter swans and/or their broods are present, except Windy and Lonesome Lakes where the closure is between May 1 and September 10, inclusive.
(3)
(ii) Off-road vehicle use, including operation on lake and river ice, is not permitted. Licensed highway vehicles are permitted on Hidden, Engineer, Kelly, Petersen, and Watson Lakes for ice fishing purposes only, and must enter and exit lakes via existing boat ramps.
(4)
(i) Snowmobiles are permitted between December 1 and April 30 only when the Refuge Manager determines that there is adequate snowcover to protect underlying vegetation and soils. During this time, the Refuge Manager will authorize, through public notice, the use of snowmobiles less than 46 inches in width and less than 1,000 pounds (450 kg) in weight. Designated snowmobile areas are described on a map available from the Refuge Manager.
(ii) All areas above timberline, except Caribou Hills, are closed to snowmobile use.
(iii) The area within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., S.M., AK., east of the Sterling Highway right-of-way, including the refuge headquarters complex, the environmental education/cross-country ski trails, Headquarters and Nordic lakes, and the area north of the east fork of Slikok Creek and northwest of a prominent seismic trail to Funny River Road, is closed to snowmobile use.
(iv) An area, including the Swanson River Canoe Route and portages, beginning at the Paddle Lake parking area, then west and north along the Canoe Lakes wilderness boundary to the Swanson River, continuing northeast along the river to Wild Lake Creek, then east to the west shore of Shoepac Lake, south to the east shore of Antler Lake, and west to the beginning point near Paddle Lake, is closed to snowmobile use.
(v) An area, including the Swan Lake Canoe Route, and several road-connected public recreational lakes, bounded on the west by the Swanson River Road, on the north by the Swan Lake Road, on the east from a point at the east end of Swan Lake Road south to the west bank of the Moose River, and on the south by the refuge boundary, is closed to snowmobile use.
(vi) Within the Skilak Loop Special Management Area, snowmobiles are prohibited, except on Hidden, Kelly, Petersen and Engineer lakes for ice fishing access only. Upper and Lower Skilak Lake campground boat launches may be used as access points for snowmobile use on Skilak Lake.
(vii) Snowmobiles may not be used on maintained roads within the refuge.
(viii) Snowmobiles may not be used for racing or for the harassment of wildlife.
(5)
(ii) A special use permit, available from the Refuge Manager, is required prior to baiting black bears.
(iii) Hunting with the aid or use of a dog for taking big game is permitted only for black bear, and then only under the terms of a special use permit from the Refuge Manager.
(iv) Hunting and trapping within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., S.M., AK., encompassing the Kenai NWR headquarters/visitor center and associated environmental education trails, are prohibited. The boundary of these administrative and environmental education areas is depicted on a map available from the Refuge Manager.
(6)
(7)
(A) Camping may not exceed 14 days in any 30-day period anywhere on the refuge.
(B) Campers may not spend more than two consecutive days at the Kenai-Russian River access area, more than seven consecutive days at Hidden Lake Campground, or more than seven consecutive days in refuge shelters.
(C) Within developed campgrounds, camp only in designated areas and use open fires only in portable, self-contained, metal fire grills, or fire grates provided by us.
(D) Do not camp within
(E) Campers may cut only dead and down timber for campfire use.
(F) Pets must be on a leash no longer than nine feet in developed campgrounds.
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(B) From July 1 to August 15 the public may not use or access any portion of the 25-foot wide public easements along both banks of the Kenai River within the Moose Range Meadows area; or along the Homer Electric Association Right-of-Way from Funny River
(j)
(2) Access easement provision. Notwithstanding any other provision of this paragraph (j), there exists a twenty-five foot wide access easement on an existing trail within the Koniag Inc. Regional Native Corporation lands within properties described in paragraph (j)(1) of this section in favor of the United States of America.
(a)
(b)
(c)
(d)
(2) For noncompetitively issued permits, the applicant may present the application verbally if he/she is unable to prepare a written application. The refuge manager will keep a written record of such verbal application. For competitively issued permits, the applicant must submit a written application in the format delineated in the prospectus or other designated format of the Service.
(3) The refuge manager will grant or deny applications for noncompetitively issued permits in writing within 45 days, except for good cause. For competitively issued permits, the refuge manager will grant or deny applications in accordance with the time frame established in the prospectus, except for good cause.
(4) Refuge managers may establish application period deadlines for individual refuges for both competitively and noncompetitively issued permits. The refuge manager will send notification of availability for commercial opportunities and application deadlines to existing and/or the previous year's permittees. He/she will publish the notice in at least one newspaper of general circulation in the State and in at least one local newspaper if available, and will make available for broadcast on local radio stations in a manner reasonably calculated to inform local prospective applicants.
(5) The Service may limit the number of applications that an individual may submit for competitively awarded offerings.
(e)
(2) Where numbers of permits have been limited for an activity prior to the promulgation of these regulations and a prospectus with invitation to bid system has not yet been developed, refuge managers may issue noncompetitive five-year permits consistent with the terms set forth in paragraph (e)(16) of this section on a one-time basis to existing permittees.
(3) The Service will publish notice of all solicitations for competition in accordance with paragraph (d)(4) of this section and include reasonable application periods of not less than 60 days. When competitively selecting permittees for an activity in a use area where permits for that activity were not previously competitively awarded, the Service will publish notice of the upcoming opportunity a minimum of 18 months prior to the effective date of the permit term.
(4) All prospectuses will identify the selection criteria that the Service will use to evaluate the proposals. All prospectuses involving commercial visitor services must include experience and performance in providing the same or similar services as a criterion. In evaluating the experience of an applicant, the Service will specifically consider knowledge of the specific area covered by the prospectus and the nature of the technical skills required to provide quality service to the public.
(5) A panel of Service employees who use a scoring process based on the selection criteria will evaluate and rank applications received in response to a prospectus.
(6) The Service has discretionary authority to not evaluate or consider proposals that are incomplete or improperly submitted.
(7) The Service may establish minimum scores to qualify for the award of permits. If established, these minimum scores will be identified in the prospectus.
(8) The Service may establish limits on the number of use areas within an individual refuge, or on refuges statewide, in which a permittee is authorized to operate. This limit applies to different corporations in which the same individual has any ownership interests.
(9) When vacancies occur in competitively filled use areas, the procedure for reissuing the permits will depend on how long it has been since the permit originally was issued. The Service will award the permit to the next highest ranking interested applicant in the original solicitation, if a vacancy occurs within the first 12 months of the permit's effective date. Resolicited competition for the area will occur as soon as practicable if:
(i) A vacancy occurs after 12 months of the permit's effective date; and
(ii) At least 24 months of the original permit term is available for a new permittee after completion of the solicitation, application, evaluation and awards period. If less than 24 months of the term of the permit is available, the Service has the discretion to solicit competition during the regularly scheduled solicitation period. The Service may annually issue noncompetitive permits for vacant areas, where there has not been significant permittee interest, until competition can be solicited in conjunction with other solicitations for vacant areas.
(10) Terms of permits awarded under the prospectus with invitation method are valid for 5 years except in those instances where the Service issues permits to fill vacancies occurring during a scheduled award cycle. In these instances, the permit duration is limited to the expiration date of the original award period. Permits awarded under the prospectus by invitation method must be renewed noncompetitively by the refuge manager for a period of 5 additional years upon application and a
(11) Permit privileges may be transferred to other qualified entities that demonstrate the ability to meet Service standards, as outlined in the prospectus upon which the existing permit was based, subject to approval by the refuge manager. Requests for transfers must be made in writing to the refuge manager. A permittee who transfers his/her privileges will not be eligible to be considered for competitively awarded permits for the same type of activity on the same national wildlife refuge for a period of three years following the authorized transfer. The Service retains complete discretion in allowing transfers. In general, the Service approves transfers only upon demonstrating that it is to the government's benefit and if all the following criteria are satisfied:
(i) The transfer is part of the sale or disposition of the current permittee's entire business as earlier defined;
(ii) The current permittee was either conducting the commercial operation in the refuge under authorization of a permit for a minimum of 12 years or owns significant real property in the area, the value of which is dependent on holding a refuge permit. Consideration of the last element will include, but is not limited to:
(A) The relationship of the real property to permitted refuge activities as documented in the operations plan;
(B) The percentage that the authorized refuge activities comprise of the total commercial use associated with the real property; and
(C) The appraised value of the real property.
(iii) The transferee must be independently qualified to hold the permit under the standards of the prospectus of the original existing permit.
(iv) The transferee has an acceptable history of compliance with State and Federal fish and wildlife and related permit regulations during the past 5 years. An individual with any felony conviction is an ineligible transferee. Transfer approval to an individual having any violations, convictions, or pleas of nolo contendere for fish and wildlife related federal misdemeanors or State violations will be discretionary. Denial is based on, but not limited to, whether the individual committed any violation in which the case disposition resulted in any of the following:
(A) Any jail time served or probation;
(B) Any criminal fine of $250 or greater;
(C) Forfeiture of equipment or harvested animal (or parts thereof) valued at $250 or greater;
(D) Suspension of privileges or revocation of any fish and wildlife related license/permits;
(E) Other alternative sentencing that indicates the penalty is of equal severity to the foregoing elements; or
(F) Any multiple convictions or pleas of nolo contendere for fish and wildlife-related Federal misdemeanors or State fish and wildlife-related violations or misdemeanors irrespective of the amount of the fine.
(12) The transferee must follow the operations plan of the original permittee. The transferee may modify the operations plan with the written consent of the refuge manager as long as the change does not result in increased adverse impacts to refuge resources or other refuge users.
(13) Upon timely approval of the transfer, the Service will issue the new permittee a permit for the remaining portion of the original permit term. The refuge manager retains the right to restrict, suspend, revoke, or not renew the permit for failure to comply with its terms and conditions.
(14) Permit privileges issued under this paragraph (e) may be transferred, subject to refuge manager approval, to a former spouse when a court awards permit-associated business assets in a divorce settlement agreement to that person. The recipient must independently qualify to hold the originally issued permit under the minimum standards identified by the Service, and the permittee must have an acceptable history of compliance as set forth in paragraph (e)(11)(iv) of this section.
(15) Permit privileges issued under this paragraph (e) may be transferred
(16) Upon September 26, 1997, refuge managers will amend existing competitively-awarded permits through the prospectus method to make the terms fully consistent with this section, including eligibility for a 5-year non-competitive renewal.
(f)
(g)
(h)
(i)
(2) Prior to making any adverse decision or order on any permit or an application for a noncompetitively issued permit, the refuge manager will notify the permittee or applicant, verbally or in writing, of the proposed action and its effective date. A permittee or applicant of noncompetitively issued permits, shall have 45 calendar days after notification in which to present to the refuge manager, orally or in writing, a statement in opposition to the proposed action or effective date. Notification in writing to a valid permit holder shall occur within 10 calendar days after receipt of the statement in opposition to the refuge manager's final decision or order. An applicant for a noncompetitively issued permit shall be notified in writing within 30 calendar days after receipt of the statement in opposition, of the refuge manager's final decision or order. An applicant for a competitively issued permit who is not selected will not receive advance notice of the award decision. Such applicants, who wish to appeal the decision must appeal directly to the regional director within the time period provided for in paragraph (i)(3) of this section.
(3) The permittee or applicant shall have 45 calendar days from the postmarked date of the refuge manager's final decision or order in which to file a written appeal to the regional director. In appeals involving applicants who were not selected during a competitive selection process, the selected
(i) Any statement or documentation, in addition to that included in the initial application, permit or competitive prospectus, which demonstrates that the appellant satisfies the criteria set forth in the document under which the permit application/award was made;
(ii) The basis for the permit applicant's disagreement with the decision or order being appealed; and
(iii) Whether or not the permit applicant requests an informal hearing before the regional director.
(4) The regional director will provide a hearing if requested by the applicant. After consideration of the written materials and oral hearing, and within a reasonable time, the regional director shall affirm, reverse, or modify the refuge manager's decision or order and shall set forth in writing the basis for the decision. The applicant must be sent a copy of the decision promptly. The decision will constitute final agency action.
(5) Permittee compliance with any decision or order of a refuge manager shall be required during the appeal process unless the regional director makes a preliminary finding contrary to the refuge manager's decision, and prepares a written determination that such action is not detrimental to the interests of the United States, or upon submission and acceptance of a bond deemed adequate by the refuge manager to indemnify the United States from loss or damage.
(j)
(a)
(b)
(c)
(2) Emergency closures or restrictions relating to the taking of fish and wildlife shall be accompanied by notice with a subsequent hearing;
(3) Other emergency closures or restrictions shall become effective upon notice as prescribed in § 36.42(f); and
(4) No emergency closure or restriction shall be for a period exceeding 30 days.
(d)
(2) Other temporary closures shall be effective upon notice as prescribed in § 36.42(f);
(3) Temporary closures or restrictions shall extend only for so long as necessary to achieve their purposes, and in no case may exceed 12 months or be extended beyond that time.
(e)
(f)
(2) Designated by the posting of appropriate signs; or
(3) Both.
(g)
(h) Except as otherwise specifically permitted under the provision of this part, entry into closed areas or failure to abide by restrictions established under this section is prohibited.
*These indicated units were previously existing refuges before the Alaska Lands Act of December 2, 1980, and are now part of the 16 National Wildlife Refuges established by the Alaska Lands Act.
Sec. 1002, Pub. L. 96-487, 94 Stat. 2449, as amended by sec. 110, Pub. L. 97-394, 96 Stat. 1982 (16 U.S.C. 3142); sec. 110, Pub. L. 89-665, as added by sec. 206, Pub. L. 96-515, 94 Stat. 2996 (16 U.S.C. 470h-2); sec. 401, Pub. L. 148, 49 Stat. 383, as amended (16 U.S.C. 715s); 31 U.S.C. 9701; 5 U.S.C. 301; 209 DM 6.1.
48 FR 16858, Apr. 19, 1983, unless otherwise noted.
The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3501 et seq., because there are fewer than 10 respondents annually.
These regulations implement the requirement of section 1002(d) of the Alaska National Interest Lands Conservation Act, 94 Stat. 2450, as amended, 16 U.S.C. 3142(d), that the Secretary establish guidelines governing surface geological and geophysical exploration for oil and gas within the coastal plain of the Arctic National Wildlife Refuge. Section 1002 mandates an oil and gas exploration program for the refuge's coastal plain. The program shall culminate in a report to Congress which contains, among other things, the identification of those areas within the coastal plain that have oil and gas production potential, an estimate of the volume of oil and gas concerned, the description of the wildlife, its habitat, and other resources that are within the areas identified, and an evaluation of the adverse effects that the carrying out of further exploration for, and the development and production of, oil and gas within such areas will have on the refuge's resources. It is the objective of this program to ascertain the best possible data and information concerning the probable existence, location, volume, and potential for further exploration, development, and production of oil and gas within the coastal plain without significantly adversely affecting the wildlife, its habitat, or the environment and without unnecessary duplication of exploratory activities. These regulations prescribe the requirements and procedures for obtaining authorization for and the conduct of such exploratory activities, and for submitting to the Department the resulting data and information. These regulations also describe other matters relating to the administration of the program.
The following definitions are applicable to the sections of this part.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(a) Nothing in this part shall be construed to relieve a permittee or any person from complying with any applicable federal laws or any applicable state and local laws, the requirements of which are not inconsistent with this part.
(b) Until the litigation between the United States and the State of Alaska over title to the submerged lands of the coastal lagoons, “United States v. Alaska”, Sup. Ct., No. 84, Orig. (1979), is resolved, the permittee shall satisfy both federal and state requirements for conducting oil and gas exploration in the coastal lagoons. In the event of an inconsistency between such requirements the permittee shall satisfy that requirement which provides the greatest environmental protection.
(a) Authorization granted under this part to conduct exploratory activities
(b) Any person who obtains access pursuant to § 37.54 to data and information obtained as a result of carrying out exploratory activities shall be disqualified from obtaining or participating in any lease of the oil and gas to which such data and information pertain. Any person who obtains access to data and information obtained as a result of carrying out exploratory activities from any person other than the permittee who obtained such data and information shall be disqualified from obtaining or participating in any lease of the oil and gas to which such data and information pertain.
(a) No exploratory activities shall be conducted without a special use permit. Requirements and procedures for obtaining a special use permit are prescribed in §§ 37.21 through 37.23.
(b) Exploratory activities shall be conducted so that they do not:
(1) Significantly adversely affect the refuge's wildlife, its habitat, or the environment;
(2) Unnecessarily duplicate exploratory activities of the permittee or another permittee; and
(3) Unreasonably or significantly interfere with another permittee's activities.
(c) Reexamination of an area may be permitted by the Regional Director if necessary to correct data deficiencies or to refine or improve data or information already gathered.
(d) Drilling of exploratory wells is prohibited.
(a) The permittee shall comply and shall be responsible for the compliance of its officials, employees, contractors, subcontractors and agents with the regulations of this part, the terms and conditions of its special use permit, the provisions of its approved exploration plan and plan or operation, and all reasonable stipulations, demands and orders issued by the Regional Director. All actions by the permittee inconsistent with this part are prohibited.
(b) The permittee shall designate a general representative who shall be the person primarily accountable for managing the permittee's authorized activities, and a field representative who shall be the person primarily accountable for supervising the permittee's field operations, and their alternates. The Regional Director shall be informed of the names, addresses, and telephone numbers of the persons designated pursuant to this paragraph and of the procedures for contacting them on a 24-hour basis, including the radio frequency for field operations, at the time the permittee submits its first plan of operation pursuant to § 37.24. The permittee shall notify the Regional Director promptly of any changes in such personnel or the procedures for contacting them.
(c) Field operations shall be conducted by the permittee or a designee approved by the Regional Director. Assignment of a designee shall be in a manner and form acceptable to the Regional Director. The Regional Director shall approve or disapprove a permittee's designee within 30 days following the receipt of such information as the Regional Director may require from the permittee and designee in order to reach his decision. Acceptance of a designee to act for the permittee in matters relating to the conduct of exploratory activities does not relieve the permittee of responsibility for compliance with applicable laws, its special use permit, exploration plan, plan of operation, and all reasonable stipulations, demands and orders of the Regional Director. The designee will be considered the agent of the permittee and will be responsible for complying fully with the obligations of the permittee. The serving of stipulations, demands, orders, and notices on the permittee's designee, when delivered personally or by radio or mail, will be deemed to be service upon the permittee. The permittee shall notify the Regional Director in writing when assignment of a designee has been cancelled. A designee cannot reassign its
(d) The permittee shall submit to the Regional Director 30 days prior to the commencement of field operations for each year covered by its exploration plan an updated list of the names and addresses of all persons participating in the exploratory activities covered thereby or sharing in the data and information resulting therefrom through a cost-sharing or any other arrangement.
(e) The permittee shall perform operations and maintain equipment in a safe and workmanlike manner. The permittee shall take all reasonable precautions necessary to provide adequate protection for the health and safety of life and the protection of property and to comply with any health and safety requirements prescribed by the Regional Director.
(a) To avoid unnecessary duplication of exploratory activities, the permittee shall, if ordered by the Regional Director, afford all interested persons, through a signed agreement, an opportunity to participate in its exploratory activities. Within 60 days following such order, the permittee shall provide evidence satisfactory to the Regional Director of its compliance therewith. The permittee shall provide the Regional Director with the names and addresses of all additional participants, as they join.
(b) If, with the approval of the Regional Director, the permittee at any time changes any provisions of its approved exploration plan relating to areal extent, intensity of exploratory activities, or logistical support, and the Regional Director determines such changes to be significant, the Regional Director may require the permittee to afford all interested persons another opportunity to participate in the permitted exploratory activities in accordance with paragraph (a) of this section.
(c) The requirements of this section do not preclude the permittee from initiating field operations as authorized under its special use permit.
(d) All participants shall be bound by the regulations of this part, the permittee's special use permit, approved exploration plan and plan of operation and any reasonable stipulations, demands and orders issued by the Regional Director.
(a) Before the issuance of its special use permit, any applicant whose exploration plan has been approved under § 37.22 shall furnish to the Service a surety bond of not less than $100,000, or other security satisfactory to the Service, to secure performance of its exploration plan and plan(s) of operation and compliance with the permit and this part. Such surety bond shall be issued by qualified surety companies approved by the Department of the Treasury (see Department of the Treasury Circular No. 570). Such bond shall be maintained by the permittee for the benefit of the Service until the Regional Director notifies the permittee in writing that all terms and conditions of its exploration plan, special use permit, plan of operation, and this part have been met or otherwise consents to its cancellation or termination. Any bond furnished or maintained by a person under this section shall be on a form approved or prescribed by the Regional Director. The Regional Director may require an increase in the amount of any bond or other security to be furnished and any outstanding bond or security or require a new bond or security whenever additional coverage is needed to secure performance of its exploration plan and plan(s) of operation and compliance with the permit and this part or is needed as a consequence of default.
(b) Whenever a permittee's exploration plan, plan of operation, or special use permit is revised or modified, the permittee shall provide to the Regional Director within 30 days thereafter an acknowledgement by the surety that its bond continues to apply to the exploration plan, plan of operation or special use permit, as revised or modified, unless a waiver of notice to the surety is contained in the bond or the surety is not otherwise released by
(c) Recovery of the amount specified in the permittee's bond or other security shall not preclude the Department from seeking specific performance by the permittee of any obligations not satisfied by enforcement of the bond or security, or compensation for any damages, losses or costs due to the permittee's activities which exceed the amount recovered, by pursuing the Department's legal remedies.
(a) Prior to submitting an exploration plan, applicants may meet with the Regional Director to discuss their proposed plans and exploratory activities and the requirements of this part.
(b) Any person wanting to conduct exploratory activities may apply for a special use permit by submitting for approval one or more written exploration plans, in triplicate, to the Regional Director, Region 7, U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, Alaska 99503. To be considered, exploration plans covering the period from the inception of the program through May 31, 1986, or any portions thereof, must be received by the Regional Director during normal business hours on May 20, 1983; exploration plans covering exploratory activities other than seismic exploration for the period from June 1, 1984, through May 31, 1986, or any portions thereof, must be received by the Regional Director during normal business hours on April 2, 1984; and exploration plans covering, but not limited to, seismic exploration for the period from October 1, 1984, through May 31, 1986, or any portions thereof, must be received by the Regional Director during normal business hours on June 4, 1984.
(c) In addition to containing the information required in paragraph (d) of this section, any exploration plan submitted shall describe the applicant's plan for carrying out an integrated program of exploratory activities in such a manner as will satisfy the objective and limitations stated in § 37.1. If an applicant submits an exploration plan on May 20, 1983 with the intention of submitting another exploration plan on March 1, 1984, the applicant shall describe in its initial plan how its future exploratory activities will be integrated with those proposed under its initial plan. Any applicant submitting an exploration plan on May 20, 1983 which incorporates preliminary field investigations and/or surface geological exploration proposed to commence before August 1, 1983 may submit a written request to the Regional Director for an expedited review and approval of that portion of the exploration plan covering such preliminary investigations and/or exploration. Each exploration plan submitted must be published and be the subject of a public hearing in accordance with requirements of § 37.22(b).
(d) An exploration plan shall set forth in general terms such information as is required by this part and by the Regional Director in determining whether the plan is consistent with this part, including, but not limited to:
(1) The name and address of any person who will conduct the proposed exploratory activities, i.e., the applicant/permittee, and, if that person is an agency, firm, corporation, organization, or association, the names and addresses of the responsible officials, or, if a partnership, the names and addresses of all partners;
(2) The names and addresses of all persons planning at the time of plan submittal to participate in the proposed exploratory activities or share in the data and information resulting therefrom through a cost-sharing or any other arrangement;
(3) Evidence of the applicant's technical and financial ability to conduct integrated and well designed exploratory activities in an arctic or subarctic environment and of the applicant's responsibility in complying with any exploration permits previously held by it;
(4) A map at a scale of 1:250,000 of the geographic areas in which exploratory activities are proposed and of the approximate locations of the applicant's proposed geophysical survey lines, travel routes to and within the refuge, fuel caches, and major support facilities;
(5) A general description of the type of exploratory activities planned, including alternate exploratory methods and techniques if proposed, and the manner and sequence in which such activities will be conducted;
(6) A description of how various exploratory methods and techniques will be utilized in an integrated fashion to avoid unnecessary duplication of the applicant's own work;
(7) A schedule for the exploratory activities proposed, including the approximate dates on which the various types of exploratory activities are proposed to be commenced and completed;
(8) A description of the applicant's proposed communication technniques;
(9) A description of the equipment, support facilities, methods of access and personnel that will be used in carrying out exploratory activities;
(10) A hazardous substances control and contingency plan describing actions to be taken to use, store, control, clean up, and dispose of these materials in the event of a spill or accident;
(11) A general description of the anticipated impacts that the proposed exploratory activities may have on the refuge's wildlife, its habitat, the environment, subsistence uses and needs, and cultural resources, and a description of mitigating measures which will be implemented to minimize or avoid such impacts;
(12) A description of the proposed procedures for monitoring the environmental impacts of its operation and its compliance with all regulatory and permit requirements;
(13) A statement that, if authorized to conduct exploratory activities, the applicant shall comply with this part, its special use permit, its approved exploration plan, plan of operation, and all reasonable stipulations, demands and orders issued by the Regional Director;
(14) A description of the applicant's proposed data quality assurance and control program; and
(15) Such other pertinent information as the Regional Director may reasonably require.
(a) An exploration plan shall be approved by the Regional Director if he determines that it satisfies the requirements of § 37.21 (c) and (d) and is otherwise consistent with the Act and the regulations of this part. In order to meet the objective and limitations stated in § 37.1, enforce the standards stated in § 37.11(b), or minimize adverse impacts on subsistence uses, the Regional Director may approve or disapprove any exploration plan in whole or in part or may require, as a condition of approval, an applicant to conduct its exploratory activities in an assigned area or jointly with other applicants or to make such modification in its exploration plan as he considers necessary and appropriate to make it consistent with this part. No plan shall be approved if the applicant submitting it does not demonstrate to the reasonable satisfaction of the Regional Director its adequate technical and financial ability to conduct integrated and well designed exploratory activities in an arctic or subarctic environment, and a history of responsible compliance with any exploration permits that it or its responsible officials or partners may have previously held.
(b) Upon receipt of an exploration plan submitted in accordance with § 37.21(b), the Regional Director shall promptly publish notice of the application and text of the plan in the
(c) Whenever the Regional Director disapproves an exploration plan in whole or in part, he shall notify the applicant in writing of the reasons for his disapproval. The applicant may request
(1) State fully the basis for the applicant's disagreement with the Regional Director's determination;
(2) Include any statement or documentation, in addition to that already submitted by the applicant with its application, which demonstrates that the applicant's exploration plan is consistent with this part; and
(3) Indicate whether or not the applicant requests an informal hearing before the Director.
(d) The Regional Director, as a condition of approval of any exploration plan under this section, shall:
(1) Require that all data and information (including processed, analyzed and interpreted information) obtained as a result of carrying out the plan shall be submitted to the Regional Director, as provided in § 37.53;
(2) Make such data and information available to the public, except that any processed, analyzed and interpreted data or information shall be held confidential by the Department for a period of not less than 10 years following the submission of such data or information to the Regional Director or 2 years following any lease sale including the area within the refuge from which the information was obtained, whichever period is longer, as provided in § 37.54; and
(3) Require that all raw data and information obtained as a result of carrying out the plan shall be made available by the permittee to any person at fair cost.
(e) In the course of evaluating an exploration plan, the Regional Director shall also evaluate the effect of the proposed exploratory activities on subsistence uses and needs, the availability for exploration of alternate areas within the coastal plain, and alternatives to the proposed activities which would reduce or eliminate the use of areas within the coastal plain needed for subsistence purposes. If the Regional Director finds that the exploration plan, if approved, would significantly restrict subsistence uses, he shall satisfy the requirement to hold a hearing on this isssue by incorporating it in any hearing held pursuant to paragraph (b) of this section and shall otherwise satisfy the procedural requirements of section 810(a) of the Alaska National Interest Lands Conservation Act, 94 Stat. 2427, 16 U.S.C. 3120, before approving the plan.
(a) Within 45 days, or sooner if practicable, of approving an exploration plan, or portion thereof, the Regional Director shall, unless prohibited by law, issue a special use permit to authorize the permittee to proceed with those exploratory activities described and approved in its exploration plan, or portion thereof, provided that the requirements of § 37.14(a) have been satisfied. The special use permit may contain such terms and conditions and may be amended from time to time as the Regional Director deems necessary and appropriate to carry out the Act and this part.
(b) Before issuing a special use permit to authorize exploration of lands
Each approved exploration plan shall be supplemented by a written plan of operation for each fiscal year, or portions thereof, covered by the exploration plan. Each plan of operation shall specify the field operations for implementing that exploration plan during the year, or portions thereof, covered by the plan of operation. Each plan of operation shall be submitted to the Regional Director at least 30 days before field operations are to be commenced thereunder, except that any plan of operation supplementing a portion of an exploration plan that received expedited review and approval pursuant to § 37.21(c) shall be submitted 10 days before field operations are to be commenced thereunder. A plan of operation shall set forth such specific information as is required by the Regional Director in determining whether the plan is consistent with the exploration plan to which it pertains and with this part. The permittee shall make such modifications in its plan of operation as are deemed at any time by the Regional Director to be necessary and appropriate to ensure such consistency. Reconsideration of the Regional Director's actions under this section may be obtained by employing the procedures described in § 37.22(c).
(a) A permittee may request the Regional Director for permission to revise its approved exploration plan. Until the Regional Director grants the permittee's request, no revision of its exploration plan shall be implemented. Such request shall be deemed to be granted on the 10th working day following its receipt unless the Regional Director denies the request; advises the permittee that the proposed revision is major and, therefore, must satisfy the publication and hearing requirements of § 37.22(b) before it can be acted upon; by timely written notice extends the period for considering the request; conditionally approves the proposed revision with such modifications as he stipulates are necessary and appropriate; or, unconditionally approves the proposed revision within a shorter period. No revision of an exploration plan shall be approved that is inconsistent with the Act or this part. Approval of any revision is subject to the conditions stated in § 37.22(d) to the extent that they are pertinent.
(b) Upon 10 working days advance notice to the Regional Director of its proposed revision, or within such lesser period as may be concurred in by the Regional Director, a permittee may implement a revision of its plan of operation, provided that such revision is consistent with the exploration plan to which the plan of operation pertains and this part. The Regional Director may require the permittee to defer, modify, or rescind such revision whenever he determines that such action is necessary and appropriate to ensure such consistency.
(c) Reconsideration of the Regional Director's actions under this section may be obtained by employing the procedures described in § 37.22(c). A request for reconsideration shall not operate to stay the Regional Director's actions unless such stay is granted in writing by the Director.
(a) The permittee shall conduct operations in a manner which avoids significant adverse effects on the refuge's wildlife, its habitat, and environment. The Regional Director may impose stipulations to supplement the permittee's special use permit and issue other orders as needed to ensure that the permittee's activities are conducted in a
(b)
(2) Ground vehicles shall be of the type causing the least practicable harm to the surface, such as Nodwell FN-110 or FN-60 or Bombardier track vehicles, mobile camps on flexible tracks or skids, vibrator units on flexible tracks or wheels, D-7 Caterpillar tractors, or their equivalent. They shall be operated only in the winter and where there is adequate protective cover. Vehicle operation shall cease in the spring when the Regional Director determines that the protective cover is no longer adequate. Operation of ground vehicles in the summer is prohibited.
(3) Movement of equipment through riparian willow stands shall be avoided, except when approved by the Regional Director.
(4) Above ground explosive charges shall be utilized in a manner to minimize damage to the vegetative mat.
(5) Campsites may be located on lakes which are frozen throughout, including bottom sediments, on durable ground, and on lagoons which are frozen to sufficient depth to ensure safety of personnel, but shall not be located on river ice. Durable ground can include gravel or sand bars or vegetated ground with adequate protective cover.
(6) Campsites and trails shall be kept clean of waste.
(7) Gray water may be discharged to the surface provided it is filtered, disinfected, and not discharged directly into lakes and rivers.
(8) The permittee shall take all precautionary measures necessary to prevent and suppress man-caused tundra fires and shall notify the Regional Director of the occurrence of any tundra fires immediately or as soon as communication can be established.
(9) Rehabilitation of disturbed surface areas shall be accomplished by the permittee in accordance with schedules and a plan required and approved by the Regional Director. Revegetation shall be accomplished exclusively with endemic species.
(10) The permittee shall not harass wildlife in any manner, including, but not limited to, close approach by surface vehicles or aircraft. Aircraft should maintain an altitude of at least 1500 feet above ground level whenever practicable.
(11) No explosives shall be detonated within
(12) The permittee shall operate in such a manner as not to impede or restrict the free passage and movement of large mammals, including caribou, muskoxen, moose, polar bear, and brown bear.
(13) Feeding of wildlife is prohibited. This includes the leaving of garbage or edibles in a place which would attract wildlife. Garbage shall be kept in covered animal-proof containers while awaiting incineration.
(14) Hunting, fishing, and trapping by the permittee within the refuge are prohibited during the conduct of exploratory activities. Employing firearms in defense of life and property is allowed.
(c)
(2) No water shall be removed from any subsurface source. Removal of water or snow cover from or compaction of snow cover on streams, rivers or lakes identified by the Regional Director as inhabited by fish shall be prohibited during the winter.
(3) To protect fish and other aquatic fauna, high explosives shall not be detonated within, beneath, on or in close proximity to fish-bearing waters unless prior drilling indicates that the water body, including its substrate, is solidly frozen. The minimum acceptable offset from fishing-bearing waters for various size charges is:
(4) All operations shall be conducted in a manner that will not impede the passage of fish, disrupt fish spawning, overwintering or nursery areas identified by the Regional Director or block or change the character or course of, or cause significant siltation or pollution of any stream, river, pond, pothole, lake, lagoon, or drainage system.
(5) Ground vehicles shall not cross active spring areas.
(d)
(2) Unless otherwise specified by the Regional Director, the following prohibitions shall be in effect:
(i) No vehicle of any type shall pass over or through a known cultural resource site with standing structures; and
(ii) No seismic train shall camp on a known cultural resource site.
(3) If any exploratory activities require entry into areas known to contain historic or archeological resources, high probability areas, or areas previously unsurveyed for cultural resources, prior to the initiation of such activities, the permittee shall, if ordered by the Regional Director, locate, identify and evaluate properties eligible for listing on the National Register of Historic Places, recover for the Department historic and archeological data contained in such properties, and take other measures, as directed by the Regional Director, designed to mitigate, minimize or avoid to the extent practicable any significant adverse effects on them. Such efforts shall be done in a manner prescribed or approved by the Regional Director in accordance with a programmatic memorandum of agreement among the Service, the State Historic Preservation Officer and the Advisory Council on Historic Preservation, and without expense or liability to the Department.
(e)
(2) All combustible solid waste shall be incinerated or returned to the permittee's base of operations for disposal in accordance with applicable federal, state and local standards. All non-combustible solid waste, including, but not limited to, fuel drums and shot wire, shall be returned to the permittee's base of operations for disposal in accordance with applicable federal, state and local standards.
(3) No discharge of petroleum, petroleum products, or toxic materials shall be made within the refuge. All hazardous subtances utilized and/or generated in conducting exploratory activities shall be contained, controlled, and cleaned up in accordance with the permittee's approved hazardous substances control and contingency plan. Such measures shall take precedence over all other matters except human safety.
(4) Unless exigencies warrant, in any field operations employing surface geological exploration, the equipment, facilities, and personnel used within the coastal plain shall not exceed that necessary to support a maximum of 6 simultaneously operating surface geological survey crews, and in any field operations employing seismic exploration methods, the equipment, facilities, and personnel used within the coastal plain shall not exceed that necessary to support a maximum of 6 simultaneously operating seismic survey crews.
(5) No fuel storage facilities shall be placed within the annual floodplain of fish-bearing watercourses or within 100 feet of any other water body, and no vehicle refueling shall occur within such areas except when approved by the Regional Director. All fuel storage sites shall be approved by the Regional Director. Fuel containers shall be properly stored and marked with the permittee's name, type of fuel, and last date of filling. All fuel containers with a storage capacity greater than 55 gallons shall be of double-wall construction. All fuels containers, including those emptied, shall be capped when not in actual use. All fuel containers placed within the annual floodplain of fish-bearing watercourses shall be removed prior to breakup.
(6) The permittee shall not disturb or damage any geodetic land survey monuments. If any monument is disturbed or damaged, the permittee shall reestablish it in a manner acceptable to the Regional Director.
(7) The timing and location of the detonation of explosives shall be approved in advance by the Regional Director.
(8) No permanent structures or facilities will be erected within the coastal plain. The type and location of temporary structures and facilities including, but not limited to, ice airstrips, for use in support of exploratory activities must be approved by the Regional Director.
(a)
(b)
(1) One generally encompassing the Tamayariak uplands bordered on the east by the Tamayariak River, on the northwest by the Canning River, on the east by a north-south line intersecting the benchmark “Can”, and on the south by an east-west line also intersecting the benchmark “Can”.
(2) One generally encompassing the Carter Creek uplands, bordered on the east by the Sadlerochit River, on the north by the mainland coastline, on the west by Carter Creek, and on the south by an east-west line approximately six miles inland from the coastline.
(3) One generally encompassing the Niguanak hills, bordered on the east by the Angun River, on the north by the mainland coastline, on the west by a
(c)
(d)
(e) In addition, the Regional Director may designate specific areas within the coastal plain that are important for other wildlife or that encompass lands the surface estate in which is owned by holders of approved native allotments or the Kaktovik Inupiat Corporation as special areas in which exploratory activities may be prohibited, conditioned or otherwise restricted in such manner and for such period as prescribed by the Regional Director to avoid significant adverse effects from exploratory activities.
(f) The Regional Director shall notify the permittee of the locations of designated special areas and of the applicable limitations on its exploratory activities as far in advance of the effective dates of such limitations as is possible. The Regional Director may modify or remove such designations and limitations whenever he determines that they are no longer necessary to protect the resources or values of such special areas from significant adverse effects.
(g) No exploratory activities shall be conducted by any permittee at any time within
The permittee shall provide opportunities for the Regional Director to conduct environmental and other pertinent briefings for all of its personnel involved in field operations prior to commencement of field work and periodically thereafter as the Regional Director may determine. The permittee shall require the attendance of its personnel and arrange the time and place for such briefings upon the request of the Regional Director. In addition, the permittee shall provide a copy of this part to each employee involved with its exploratory activities.
The Regional Director is authorized to approve and disapprove exploration plans; issue special use permits; inspect and regulate exploratory activities; require compliance with the permittee's approved exploration plan, plan of operation, this part, and other statutes and regulations under which the refuge is administered; and perform all other duties assigned to the Regional Director by this part. The Regional Director may issue written or oral stipulations, demands and orders to carry out his responsibilities, and amend and terminate them as he deems appropriate. Any oral stipulation, demand or order shall be confirmed in writing within 3 working days from its issuance.
The Regional Director may designate field representatives, hereinafter
If at any time while exploratory activities are being carried out under an approved exploration plan and special use permit, the Regional Director, on the basis of information available to him, determines that continuation of further activities under the plan or permit will significantly adversely affect the refuge's wildlife, its habitat, or the environment, or significantly restrict subsistence uses, or that the permittee has failed to comply with its approved exploration plan, plan of operation, special use permit, any reasonable stipulation, demand or order of the Regional Director, or any regulation of this part, the Regional Director may, without any expense or liability to the Department, suspend activities under the plan and/or permit for such time, or make such modifications to the plan and/or permit, or both suspend and so modify, as he determines necessary and appropriate. Such suspensions shall state the reasons therefore and be effective immediately upon receipt of the notice. Suspensions issued orally shall be followed by a written notice confirming the action within 3 days, and all written notices will be sent by messenger or registered mail, return receipt requested. A suspension shall remain in effect until the basis for the suspension has been corrected to the satisfaction of the Regional Director. For good cause, the Regional Director may also grant at the permittee's request, a written waiver of any provision of its special use permit, so long as such waiver will not be likely to result in significant adverse effects on the refuge's resources. Reconsideration of the Regional Director's actions under this section may be obtained by employing the procedures described in § 37.22(c). A request for reconsideration shall not operate to stay the Regional Director's actions unless such stay is granted in writing by the Director.
For nonuse, for failure to comply with § 37.14, or for any action of the permittee not consistent with this part, the Regional Director may revoke or a permittee may relinquish a special use permit to conduct exploratory activities at any time by sending to the other a written notice of revocation or relinquishment. Such notice shall state the reasons for the revocation or relinquishment and shall be sent by registered mail, return receipt requested, at least 30 days in advance of the date that the revocation or relinquishment will be effective. Revocation or relinquishment of a permit to conduct exploratory activities shall not relieve the permittee of the obligation to comply with all other obligations specified in this part and in its special use permit, approved exploration plan and plan of operation. Reconsideration of the Regional Director's actions under this section may be obtained by employing the procedures described in § 37.22(c). A request for reconsideration shall not operate to stay the Regional Director actions unless such stay is granted in writing by the Director.
Notwithstanding the requirement found in § 37.21(b) on when exploration plans shall be submitted, the U.S. Geological Survey may at any time apply for a special use permit to conduct exploratory activities by submitting for approval one or more exploration plans in accordance with the requirements of this part and the Act. No plan submitted by the Survey will be approved unless (1) no other person has submitted a plan for the area involved which satisfies the regulations of this part and (2) the information which would be obtained from the Survey is needed to make an adequate report to Congress pursuant to the Act. Sections 37.13, 37.14, 37.22(d)(3), 37.46, 37.47, and 37.54(d) and the provisions of §§ 37.22(d)(2), 37.53(e), and 37.54 on processed, analyzed and interpreted data or information shall not apply to the Survey. If authorized to conduct exploratory activities, the Survey shall comply with this part in all other respects. All contractors and subcontractors used by the Survey to conduct exploratory activities shall be subject to all of the regulations of this part excepting §§ 37.13 and 37.46 and the provisions of §§ 37.22(d)(2), 37.53(e), and 37.54 on processed, analyzed and interpreted data or information.
(a) Each applicant for or holder of a special use permit issued under this part shall reimburse the Department for its actual costs incurred, including, but not limited to, its direct costs and indirect costs as established by the indirect cost rate of the charging bureau or office, in publishing, reviewing (which includes, but is not limited to, conducting any public hearings thereon), modifying, and approving or disapproving the applicant's or permittee's exploration plan(s); reviewing evidence of the permittee's compliance with any order given by the Regional Director under § 37.13; preparing and issuing the permittee's special use permit; reviewing and acting on the permittee's plan(s) of operation; inspecting, monitoring, and enforcing the permittee's compliance with its approved exploration plan(s), plan(s) or operation, special use permit and this part; performing the permittee's obligations pursuant to § 37.31(a); and identifying, evaluating and preserving historic, archeological and cultural resources in areas to be explored by the permittee; as further delineated by the Regional Director.
(b) Each applicant shall submit with each exploration plan submitted a payment, the amount of which shall be an estimate made by the Regional Director of the costs which will be incurred by the Department in publishing, reviewing, modifying and approving or disapproving the applicant's exploration plan.
(1) If the applicant's plan is disapproved or if the applicant withdraws its application before a decision is reached on its plan, the applicant shall be responsible for such costs incurred by the Department in processing the applicant's application up to the date on which the plan is disapproved or the Regional Director receives written notice of the applicant's withdrawal, and for costs subsequently incurred by the Department in terminating the application review process. If the costs actually incurred exceed the estimate paid at the time of application, reimbursement by the applicant of such additional costs shall be due within 30 days of receiving notice from the Regional Director of the additional amount due. If the actual costs incurred are less than the estimate paid by the applicant, the excess shall be refunded to the applicant.
(2) If the applicant's plan is approved, the applicant shall pay an estimate made by the Regional Director of the costs which will be incurred by the Department in preparing and issuing to the applicant a special use permit. The first quarterly payment made by the applicant pursuant to paragraph (c) of this section will be adjusted upward or downward, as warranted, to accurately reflect the actual costs incurred by the Department in processing the permit. If an applicant withdraws after its plan is approved, but before its special use permit is issued, the applicant shall be responsible for such costs incurred by the Department in preparing the applicant's permit up to the date on which the Regional Director receives written
(3) When two or more applications are filed which the Regional Director determines to be in competition with each other, each applicant shall reimburse the Department for such actual costs incurred in processing its exploration plan and special use permit, if issued, except that those costs which are not readily identifiable with one of the applicants, shall be paid by each of the applicants in equal shares.
(c) Upon issuance of a special use permit, the permittee shall make an initial advance payment covering that current fiscal year quarter and quarterly payments thereafter to cover the actual costs incurred by the Department in administering the permittee's permit for its duration. Such costs shall include, but are not limited to, those direct costs and indirect costs, as established by the indirect costs rate of the charging bureau or office, incurred in reviewing and acting on permittee's plan(s) of operation; reviewing evidence of the permittee's compliance with any order given by the Regional Director under § 37.13; preparing and issuing the permittee's special use permit; inspecting, monitoring, and enforcing the permittee's compliance with its approved exploration plan, plan(s) of operation, special use permit and this part; performing the permittee's obligations pursuant to § 37.31(a); and identifying, evaluating and preserving historic, archeological and cultural resources in areas to be explored by the permittee. Each quarterly payment will be paid at the outset of the quarter and will cover the estimated cost of that quarter as adjusted by the Regional Director by reason of any adjustment warranted by paragraph (b) of this section or by overpayments or underpayments in previous quarters for which adjustment has not already been made. Upon termination of the permittee's special use permit, reimbursement or refundment of any outstanding amounts due the Department or the permittee shall be made within 180 days.
(d) Estimates required by this section shall be made by the Regional Director on the basis of the best available cost information. However, reimbursement shall not be limited to the Regional Director's estimate if actual costs exceed projected estimates.
(e) All payments required by this section shall be made payable to the Service. No applicant or permittee shall set off or otherwise deduct any debt due to or any sum claimed to be owed to it by the United States from any payment required by this section. Overpayments shall be credited or refunded to the person making them.
(f) When through partnership, joint venture or other business arrangement more than one person applies for or participates in a special use permit, each shall be jointly and severally liable for reimbursing the Department's cost under this section.
(g) Any lodging, food, communication, and transportation provided by a permittee under § 37.42 shall be deemed to be costs paid to the Department in kind for services rendered in inspecting and monitoring the permittee's exploratory activities. At the end of each quarter, the permittee shall furnish the Regional Director with a report, in a format approved or prescribed by him, on the goods and services provided during that quarter, and the names of the individuals to whom they were provided.
(h) Any dispute between an applicant or permittee and the Regional Director as to costs actually incurred by the Department and charged to the applicant or permittee shall be finally decided for the Secretary by the Director, using the procedures described in § 37.22(c).
(a) This section prescribes the procedures for assessing a civil penalty for the violation of any provision of an approved exploration plan, any term or condition of the special use permit issued under § 37.23, or any prohibition contained in this part. The civil penalty remedy afforded by this section is in addition to all other remedies available to the Secretary.
(b)
(i) A summary of the facts believed to show a violation by the respondent;
(ii) A specific reference to the provision, term, condition or prohibition allegedly violated; and
(iii) The amount of the penalty proposed to be assessed. The notice may also contain an initial proposal for compromise or settlement of the action.
(2) The notice of violation shall also advise respondent of his right to:
(i) Respond to the notice within 45 calendar days from the date of its issuance by: (A) Undertaking informal discussions with the Solicitor; (B) Accepting the proposed penalty or the compromise, if any, offered in the notice; or (C) Filing a petition for relief in accordance with paragraph (c) of this section; or
(ii) Take no action and await the Solicitor's notice of assessment. Such response must be received by the Solicitor on or before the 45th day during normal business hours at the address stated in the notice.
(3) Any notice of violation may be amended, but any nontechnical amendment will extend the running of the respondent's 45 day period for response from the date of the notice to the date of the amendment.
(4) Acceptance of the proposed penalty or the compromise, if any, stated in the notice of violation shall be deemed to be a waiver of the notice of assessment required in paragraph (d) of this section and of the respondent's right to an opportunity for a hearing described in paragraph (e) of this section.
(c)
(d)
(2) The notice of assessment shall also advise the respondent of his right to request a hearing on the matter in accordance with paragraph (e) of this section.
(e)
(f)
(g)
(2) The hearing shall be conducted in accordance with 5 U.S.C. 554 through 557 and with 43 CFR part 4 to the extent that it is not inconsistent with this part. Subject to 43 CFR 1.3, the respondent may appear in person, by representative, or by counsel. The hearing shall be held in a location established by the administrative law judge, giving due regard to the convenience of the parties, their representatives and witnesses. Failure to appear at the time set for hearing shall be deemed a waiver of the right to a hearing and consent to the decision on the record made at the hearing. The judge shall render a written decision on the record, which shall set forth his findings of facts and conclusions of law and the reasons therefore, and an assessment of a civil penalty if he determines that the respondent committed the violation charged.
(3) Discovery shall be obtained by employing the procedures described 43 CFR 4.1130 through 4.1141. In addition, discovery of facts known and opinions held by experts, otherwise discoverable under 43 CFR 4.1132(a) and acquired and developed in anticipation of administrative adjudication or litigation, may be obtained only as follows:
(i)(A) A party through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.
(B) Upon motion, the administrative law judge may order further discovery by other means, subject to such restrictions as to scope and such provisions under paragraph (g)(3)(iii) of this section concerning fees and expenses, as the administrative law judge may deem appropriate.
(ii) A party may discover facts known or opinions held by an expert, who has been retained or employed by another party in anticipation of administrative adjudication or litigation or preparation therefore and who is not expected to be called as a witness, only upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.
(iii) Unless manifest injustice would result, (A) the administrative law judge shall require the party seeking discovery to pay the expert, or the Department if the expert is an employee of the United States, a reasonable fee for time spent in responding to paragraphs (g)(3)(i)(B) and (g)(3)(ii) of this section; and (B) with respect to discovery under paragraph (g)(3)(i)(B) of this section the administrative law judge may require and with respect to discovery under paragraph (g)(3)(ii) of this section the administrative law judge shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.
(4) Unless the notice of appeal is filed in accordance with paragraph (h) of
(h)
(2) Upon receipt of such a request, the Director, Office of Hearings and Appeals, shall appoint an ad hoc appeals board to determine whether an appeal should be granted, and to hear and decide an appeal. To the extent they are not inconsistent herewith, the provisions of 43 CFR part 4, subpart G shall apply to appeal proceedings under this paragraph. The determination of the board to grant or deny an appeal, as well as its decision on the merits of an appeal, shall be in writing and become effective as the final administrative determination of the Secretary in the matter on the date it is rendered, unless otherwise specified therein.
(i)
(j)
(a) Each permittee shall submit reports every 2 weeks on the progress of exploratory activities in a manner and format approved or prescribed by the Regional Director. These shall include, but are not limited to, a daily log of operations, and a report on the discovery of any springs, hydrocarbon seeps, and other unusual phenomena.
(b) Each permittee shall submit to the Regional Director a semiannual report of exploratory activities conducted within the periods from December through May and June through November. These semiannual reports shall be submitted on August 1 and February 1 or, as otherwise specified by the Regional Director, and shall contain the following:
(1) A description of the work performed;
(2) Charts, maps, or plats depicting the areas in which any exploratory activities were conducted, specifically identifying the seismic lines and the locations where geological exploratory activities were conducted, and the locations of campsites, airstrips and other support facilities utilized;
(3) The dates on which exploration was actually performed.
(4) A narrative summary of any: (i) Surface occurrences of hydrocarbon or environmental hazards, and (ii) adverse effects of the exploratory activities on the refuge's wildlife, its habitat, the environment, cultural resources, or
(5) Such other information as may be reasonably specified by the Regional Director.
(c) Each permittee shall also submit such other reports as are specified in this part.
The permittee shall keep accurate and complete records relating to its exploratory activities and to all data and information, including, but not limited to, raw, processed, reprocessed, analyzed and interpreted data and information, obtained as a result thereof. Until September 2, 1989, the Secretary shall have access to and the right to examine and reproduce any records, papers, or other documents relating to such activities, data and information in order to ascertain the permittee's compliance with this part, ability to perform under any special use permit, and reliability and accuracy of all data, information and reports submitted to the Regional Director.
(a) The permittee shall submit to the Regional Director free of charge all data and information obtained as a result of carrying out exploratory activities. Such data and information include copies of all raw data and information and all processed, analyzed and interpreted data or information. The permittee shall, unless directed otherwise by the Regional Director, submit such data and information within 30 days after the end of the annual quarter during which they become available to it at every level of data gathering or utilization, i.e., acquisition, processing, reprocessing, analysis, and interpretation.
(b) Each submission of geophysical data or information shall contain, unless otherwise specified by the Regional Director, the following:
(1) An accurate and complete record of each geophysical survey conducted under the permittee's permit, including digital navigational data, if obtained, and final location maps of all survey stations; and,
(2) All seismic data developed under the permit, presented in a format prescribed or approved by the Regional Director and of a quality suitable for processing.
(c) Processed geophysical information shall be submitted with extraneous signals and interference removed as much as possible, and presented in a format and of a quality suitable for interpretive evaluation, reflecting state-of-the-art processing techniques.
(d) Processed, analyzed and interpreted data or information required to be submitted by the Act and this section shall include, but not be limited to, seismic record sections, and intepretations thereof; geologic maps, cross sections, and intepretations thereof; maps of gravitational and magnetic fields and interpretations thereof; and chemical or other analyses of rock samples collected on the refuge and interpretations thereof.
(e) Any permittee or other person submitting processed, analyzed and interpreted data or information to the Regional Director shall clearly identify them by marking the top of each page bearing such data or information with the words ”PROCESSED, ANALYZED AND INTERPRETED DATA OR INFORMATION”. All pages so marked shall be physically separated by the person submitting them from those not so marked, unless doing so will destroy the value or integrity of the data or information presented. In that event or in the event that an item is submitted which is not susceptible to marking by page, the document or item submitted will be accompanied by a summary identifying the location of all processed, analyzed and interpreted data or information which are not segregated or marked by page, and explaning the reasons therefore. All pages not marked with this legend, all other data and information not identified as bearing such data or information, and all other data and information incorrectly identified as bearing such data or information shall be treated as raw data and information and shall be made available to the public upon request in accordance with § 37.54(a). The Department reserves the right to determine whether any page or item is correctly identified as constituting processed,
(f) If the permittee proposes to transfer any data or information covered by this section to a third party or the third party proposes to transfer such data or information to another third party, the transferor shall notify the Regional Director at least 10 days in advance and shall require the receiving third party, in writing, to abide by the obligations of the permittee as specified in this section as a condition precedent to the transfer of such data or information.
(g) Upon request by the Department, a permittee shall identify each person to whom the permitttee has provided data and information pursuant to § 37.22(d)(3) and provide a description of the area to which such data and information pertain.
(a) The Department shall make raw data and information obtained as a result of carrying out exploratory activities and submitted by the permittee or a third party available to the public upon submittal to the Congress of the report required by subsection (h) of the Act in accordance with subsection (e)(2)(C) of the Act, this section, and the procedural requirements of the Freedom of Information Act, 5 U.S.C. 552, and 43 CFR part 2. The Department shall withhold from the public all processed, analyzed and interpreted data or information obtained as a result of carrying out exploratory activities and submitted by the permittee or a third party, if they have been properly marked and correctly identified in accordance with § 37.53(e), until 10 years after the submission of such data or information to the Regional Director or until 2 years after any lease sale including the area within the refuge from which such data or information were obtained, whichever period is longer, by invoking subsection (e)(2)(C) of the Act and exemption 3 to the Freedom of Information Act, 5 U.S.C. 552(b)(3). Thereafter, the Department shall treat such data or information as raw data and information. The Department shall make all other records, except exploration plans which must be published in accordance with § 37.22(b), submitted by a permittee or a third party relating to the activities covered by the Act and this part available to the public in accordance with the Freedom of Information Act, 5 U.S.C. 552, and 43 CFR part 2.
(b) The Department reserves the right to disclose any data and information obtained as a result of carrying out exploratory activities and submitted by a permittee or a third party and any other information submitted by a permittee or a third party which may be exempt from public disclosure under the Freedom of Information Act, 5 U.S.C. 552, to an agent or third party in order to carry out the Department's statutory authorities. When practicable, the Department shall notify the permittee who provided the data or information of its intent to disclose the data or information to an agent or third party. Prior to any such disclosure, the recipient shall be required to execute a written commitment not to transfer or to otherwise disclose any data or information to anyone without the express consent of the Department. The recipient shall be liable for any unauthorized use by or disclosure of such data or information to other third parties.
(c) The Department reserves the right to disclose upon proper request any processed, analyzed and interpreted data and information and any other confidential information to the State of Alaska, to the Congress and any committee or subcommittee of the Congress having jurisdiction over the refuge or this exploration program, and to any part of the Executive and Judicial Branches of the United States for official use. The recipient shall be responsible for maintaining the confidentiality of such data and information in accordance with the Act.
(d) Commercial use by any person of data or information obtained as a result of carrying out exploratory activities and disclosed pursuant to this section is prohibited. No person shall obtain access from the Department, pursuant to paragraph (a) of this section, to any data or information obtained as a result of carrying out exploratory activities and submitted by the permittee or a third party until such person provides the Department with a statement
Beginning at the meander corner of section 35 on the First Standard Parallel North on the line of mean high water on the left bank of the Canning River, T. 5 N., R. 23 E., Umiat Meridian;
Thence easterly, along the First Standard Parallel North, approximately 40
Thence southerly, between Rs. 30 and 31 E., approximately 6 miles to the corner of Tps. 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian;
Thence easterly, between Tps. 3 and 4 N., approximately 18 miles to the corner of Tps. 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian;
Thence southerly, between Rs. 33 and 34 E., approximately 6 miles to the corner of Tps. 2 and 3 N., Rs. 33 and 34 E., Umiat Meridian;
Thence easterly, between Tps. 2 and 3 N., approximately 21 miles to the meander corner of sections 4 and 33, on the line of mean high water on the left bank of the Aichilik River, Tps. 2 and 3 N., R. 37 E., Umiat Meridian;
Thence northeasterly, along the line of mean high water on the left bank of the Aichilik River, approximately 32 miles to a point at the line of mean high tide of the Beaufort Lagoon, located in section 28, T. 6 N., R. 40 E., Umiat Meridian;
Thence on an approximate forward bearing of N. 65 degrees E., approximately 7,600 feet to a point on the northerly boundary of the Arctic National Wildlife Refuge located in section 22, T. 6 N., R. 40 E., Umiat Meridian at the line of extreme low tide;
Thence northwesterly, along the northerly boundary of the Arctic National Wildlife Refuge at the line of extreme low tide on the seaward side of all offshore bars, reefs and islands, approximately 28 miles, to a point in section 33, T. 9 N., R. 36 E., that is due north of the corner of T. 8 N., Rs. 36 and 37 E., Umiat Meridian;
Thence due South, approximately
Thence southerly between Rs. 36 and 37 E., approximately 3 miles to the corner of sections 13, 18, 19, and 24, T. 8. N., Rs. 36 and 37 E., Umiat Meridian;
Thence westerly, between sections 13 and 24, approximately 1 mile to the corner of sections 13, 14, 23 and 24, T. 8. N., R. 36 E., Umiat Meridian;
Thence northerly, between sections 13 and 14, approximately 1 mile to the corner of sections 11, 12, 13 and 14, T. 8. N., R. 36 E., Umiat Meridian;
Thence westerly, between sections 11 and 14, 10 and 15, 9 and 16, 8 and 17, approximately 4 miles to the corner of sections 7, 8, 17 and 18, T. 8 N., R. 36 E., Umiat Meridian;
Thence southerly, between sections 17 and 18, 19 and 20, 29 and 30 to the corner of sections 29, 30, 31 and 32, T. 8. N., R. 36 E., Umiat Meridian;
Thence westerly, between sections 30 and 31, approximately 1 mile to the corner of sections 25, 30, 31 and 36, T. 8. N., Rs. 35 and 36 E., Umiat Meridian;
Thence southerly, between sections 31 and 36, approximately 1 mile to the corner of Tps. 7 and 8 N., Rs. 35 and 36 E., Umiat Meridian;
Thence westerly, between Tps. 7 and 8 N., approximately 1 mile to the corner of sections 1, 2, 35 and 36, Tps. 7 and 8 N., R. 35 E., Umiat Meridian;
Thence Northerly, between sections 35 and 36 and 25 and 26, 23 and 24, approximately 3 miles to the corner of sections 13, 14, 23 and 24, T. 8 N., R. 35 E., Umiat Meridian;
Thence westerly, between sections 14 and 23, 15 and 22, 16 and 21, 17 and 20, 18 and 19, 13 and 24, 14 and 23, 15 and 22, 16 and 21, 17 and 20, approximately 10 miles to the corner of sections 17, 18, 19 and 20, T. 8 N., R. 34 E., Umiat Meridian;
Thence northerly, between sections 17 and 18, approximately 1 mile to the corner of sections 7, 8, 17 and 18, T. 8 N., R. 34 E., Umiat Meridian;
Thence westerly, between sections 7 and 18, approximately 1 mile to the corner of sections 7, 12, 13 and 18, T. 8 N., Rs. 33 and 34 E., Umiat Meridian;
Thence southerly, between Rs. 33 and 34 E., approximately 1 mile to the corner of sections 13, 18, 19 and 24, T. 8 N., Rs. 33 and 34 E., Umiat Meridian;
Thence westerly, between sections 13 and 24, 14 and 23, 15 and 22, approximately 3 miles to the corner of sections 15, 16, 21 and 22, T. 8 N., R. 33 E., Umiat Meridian;
Thence southerly, between sections 21 and 22, approximately 1 mile to the corner of sections 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat Meridian;
Thence westerly, between sections 21 and 28, approximately one mile to the corner of sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Umiat Meridian;
Thence southerly, between sections 28 and 33, 29 and 32, approximately 2 miles to the corner of sections 4, 5, 32 and 33, Tps. 7 and 8 N., R. 33 E., Umiat Meridian;
Thence westerly, between Tps. 7 and 8 N., approximately 2 miles to the corner of Tps. 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian;
Thence southerly, between section 1 and 6 approximately 1 mile to the corner of sections 1, 6, 7, and 12, T. 7 N., Rs. 32 and 33 E., Umiat Meridian;
Thence westerly, between sections 1 and 12, approximately 1 mile to the corner of sections 1, 2, 11 and 12, T. 7 N., R. 32 E., Umiat Meridian;
Thence northerly, between sections 1 and 2, 35 and 36, approximately 2 miles to the corner of sections 25, 26, 35 and 36, T. 8 N., R. 32 E., Umiat Meridian;
Thence westerly, between sections 26 and 27, 34 and 35, approximately 2 miles to the corner of sections 27, 28, 33 and 34, T. 8 N., R. 32 E., Umiat Meridian;
Thence southerly, between sections 33 and 34, approximately one mile to the corner of sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 E., Umiat Meridian;
Thence westerly, between Tps. 7 and 8 N., approximately 3 miles to the corner of Tps. 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian;
Thence northerly, between ranges 31 and 32 E., approximately 3
Thence westerly, along the northerly boundary of the Arctic National Wildlife Refuge approximately 57 miles along the line of extreme low water of the Arctic Ocean, including all offshore bars, reefs, and islands, to the most westerly tip of the most northwesterly island, westerly of Brownlow Point, section 6, T. 9 N., R. 25 E., Umiat Meridian;
Thence on an approximate forward bearing of S. 56
Thence southerly, along the mean high water line of the west bank of the Canning River approximately 32 miles to the meander corner on the First Standard Parallel North at a point on the southerly boundary of section 35, T. 5 N., R. 23 E., Umiat Meridian, the point of beginning.
5 U.S.C. 301; 16 U.S.C. 460k
63 FR 11626, Mar. 10, 1998, unless otherwise noted.
(a) The regulations of this part apply to the Midway Atoll National Wildlife Refuge. For the purpose of this part, the Midway Atoll National Wildlife Refuge includes the Midway Islands, Hawaiian Group, between the parallels of 28 deg. 5′ and 28 deg. 25′ North latitude, and their territorial seas located approximately between the meridians of 177 deg. 10′ and 177 deg. 30′ West longitude, as were placed under the jurisdiction and control of the Interior Department by the provisions of Executive Order No. 13022 of October 31, 1996 (3 CFR, 1996 Comp., p. 224).
(b) Administration of Midway Atoll National Wildlife Refuge is governed by the regulations of this part and parts 25-32 of title 50, Code of Federal Regulations; the general principles of common law; the provisions of the criminal laws of the United States in their entirety including the provisions of 18 U.S.C. 13 and those provisions that were not specifically applied to unincorporated possessions; the laws applicable under the special maritime jurisdiction contained in 48 U.S.C. 644a; and the provisions of the criminal laws of the State of Hawaii to the extent the criminal laws of the State of Hawaii do
The provisions of this part are in addition to the regulations of 50 CFR parts 25-32 which also apply to Midway Atoll National Wildlife Refuge.
The executive authority of the Secretary of the Interior over the Midway Islands will be exercised by the Service Regional Director. The executive authority of the Service Regional Director may be redelegated to the Refuge Manager, Midway Atoll National Wildlife Refuge.
The executive authority of the Regional Director concerning the Midway Islands includes:
(a) Issuance of citations for violations of this part and 50 CFR parts 25-32;
(b) Abatement of any public nuisance upon the failure of the person concerned to comply with a removal notice;
(c) Seizure of evidence;
(d) Investigation of accidents and offenses;
(e) Custody and disposal of lost or abandoned property;
(f) Regulation of aircraft and boat traffic and safety;
(g) Imposition of quarantines;
(h) Evacuation of hazardous areas;
(i) Lawful restraint, detention, confinement, and care of persons prior to their prompt transfer to the custody of the United States District Court for the District of Hawaii;
(j) Lawful removal of person from the Midway Atoll National Wildlife Refuge for cause;
(k) Regulation of vehicle traffic and safety;
(l) Performance of other lawful acts necessary for protecting the health and safety of persons and property on Midway Atoll National Wildlife Refuge; and
(m) Issuance of lawful notices and orders necessary to the exercise of executive authority under this section.
During the imminence and duration of any emergency, the Regional Director may perform any lawful acts necessary to protect life and property on Midway Atoll National Wildlife Refuge.
In addition to any act prohibited by this part or 50 CFR part 27, any act committed on the Midway Atoll National Wildlife Refuge that would be a violation of the criminal laws of the United States or of the State of Hawaii as specified in subpart A of this part, as they now appear or as they may be amended or recodified; or any act committed on the Midway Atoll National Wildlife Refuge that would be criminal if committed on board a merchant vessel or other vessel belonging to the United States pursuant to the provisions of 48 U.S.C. 644a, is prohibited and punishable, in accordance with the National Wildlife Refuge System Administration Act, 16 U.S.C. 668dd, the criminal laws of the United States or the State of Hawaii as specified in subpart A of this part, as they now appear or as they may be amended or recodified; or according to the laws applicable on board United States vessels on the high seas pursuant to the provisions of 48 U.S.C. 644a.
Any person who commits any act or omission on Midway Atoll National Wildlife Refuge which, although not made punishable by an enactment of Congress, would be punishable if committed within the United States under the United States criminal code at the time of such act or omission, including any provisions of the United States criminal code that are not specifically applied to unincorporated possessions of the United States, will be guilty of a like offense and subject to like punishment. Any person who commits any act or omission on Midway Atoll National Wildlife Refuge which, although not made punishable by an enactment
Any provisions of the laws of the State of Hawaii, as they now appear or as they may be amended or recodified, which are adopted by this part will apply only to the extent that they are not in conflict with any applicable Federal law or regulation.
No person on Midway Atoll National Wildlife Refuge will:
(a) With intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, engage in fighting, threatening, or other violent or tumultuous behavior; or make unreasonable noise or offensively coarse utterances, gestures, or displays, or address abusive language to any person present; or create a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit;
(b) Having no legal privilege to do so, knowingly or recklessly obstruct any roadway, alley, runway, private driveway, or public passage, or interfere with or unreasonably delay any emergency vehicle or equipment or authorized vehicle, boat, vessel, or plane, or any peace officer, fireman, or other public official engaged in or attempting to discharge any lawful duty or office, whether alone or with others. “Obstruction” as used in this paragraph means rendering impassable without unreasonable inconvenience or hazard;
(c) When in a gathering, refuse to obey a reasonable request or order by a peace officer, fireman, or other public official:
(1) To prevent an obstruction of any public road or passage;
(2) To maintain public safety by dispersing those gathered in dangerous proximity to a public hazard; or
(d) With intent to arouse or gratify sexual desire of any other person, expose one's genitals under circumstances in which one's conduct is likely to cause affront or alarm.
No person on Midway Atoll National Wildlife Refuge will:
(a) Loiter, prowl, or wander upon or near the assigned living quarters and adjacent property of another without lawful purpose, or, while being upon or near the assigned living quarters and adjacent property of another, peek in any door or window of an inhabited building or structure located thereon without lawful purpose;
(b) Enter upon any assigned residential quarters or areas immediately adjacent thereto, without permission of the assigned occupant;
(c) Enter or remain in, without lawful purpose, any office building, warehouse, plant, theater, club, school, or other building after normal operating hours for that building; or
(d) Enter or remain in any area or building designated and posted as “restricted” unless authorized by proper authority to be there.
No person on Midway Atoll National Wildlife Refuge will:
(a) Engage in prostitution. “Prostitution” means the giving or receiving of the body for sexual intercourse for hire; or
(b) Commit any lewd act in a public place which is likely to be observed by others who would be affronted or alarmed.
No person on Midway Atoll National Wildlife Refuge will:
(a) Sell any alcoholic beverages to any person who, because of age, would be prohibited from purchasing that beverage in a civilian establishment in Hawaii.
(b) Present or have in possession any fraudulent evidence of age for the purpose of obtaining alcoholic beverages in violation of this section.
(c) Be substantially intoxicated on any street, road, beach, theater, club, or other public place from the voluntary use of intoxicating liquor, drugs or other substance. As used in this
No person on Midway Atoll National Wildlife Refuge will exceed the speed limit for automobiles, trucks, bicycles, motorcycles, or other vehicles. Unless otherwise posted, the speed limit throughout the Midway Atoll National Wildlife Refuge is 15 miles per hour.
No person on Midway Atoll National Wildlife Refuge will:
(a) Smoke or ignite any fire in any designated and posted “No Smoking” area, or in the immediate proximity of any aircraft, fueling pit, or hazardous material storage area;
(b) Knowingly report or cause to be reported to any public official, or willfully activate or cause to be activated, any alarm, that an emergency exists, knowing that such report or alarm is false. “Emergency.” as used in subpart B of this part, includes any condition which results, or could result, in the response of a public official in an emergency vehicle, or any condition which jeopardizes, or could jeopardize, public lives or safety, or results or could result in the evacuation of an area, building, structure, vehicle, aircraft, or boat or other vessel, or any other place by its occupants; or
(c) Intentionally report to any public official authorized to issue a warrant of arrest or make an arrest, that a crime has been committed, or make any oral or written statement to any of the above officials concerning a crime or alleged crime or other matter, knowing such report or statement to be false.
No person on Midway Atoll National Wildlife Refuge will attempt to commit any offense prohibited by this part.
Any person who violates any provision of this part will be fined or imprisoned in accordance with 16 U.S.C. 668dd(e) and Title 18, U.S. Code.
Civil administration of Midway Atoll National Wildlife Refuge shall be governed by the provisions of this part, 50 CFR parts 25-32, and the general principles of common law.